This is a summary of those bills that were enacted during 2008, and the status of other legislation pending before the legislature. The Senate stands in recess until September 16 and the House stands in recess until September 15. All bills expire on November 30, 2008, which is the conclusion of the 2007-2008 session.

Enacted into Law

State Budget - On July 4, the Governor signed a $28.2 billion state general fund spending package for fiscal year 2008-2009, a 3.8 percent total spending increase over 2008. The final budget package restored all of the Medical Assistance hospital payment cuts proposed by the Governor, and included new funds for critical access hospitals ( Senate Bill 1389 ).

Welfare Code - Act 44 of 2008 amends the Public Welfare Code consistent with the state’s budget agreement. Major provisions include extending the tax on nursing homes and managed care organizations and establishing authority to tax certain hospitals in Philadelphia County. Other provisions include lifting the cap on physician fees for hospitalized patients and modifying the payment policy for hospital readmissions from seven to 14 days. HAP opposed the bill ( House Bill 1788 ).

Fiscal Code - Act 53 of 2008 amends the Fiscal Code further providing for 2008-2009 budget implementation and for restrictions on appropriations for funds and accounts ( Senate Bill 1297 ).

RACP/Capital Budget - Acts 41 and 48 of 2008 increased Pennsylvania’s debt ceiling to finance infrastructure and capital projects. House Bill 2231 authorized the state to borrow another $800 million for the Redevelopment Assistance Capital Program (RCAP), which funds construction and redevelopment projects, including hospitals. The money will be appropriated in $200 million segments over the next four years. Also approved was House Bill 2522 , which provides for the capital budget of $1.2 billion. House Bill 1589 itemizes projects to be funded by the capital budget. HAP supported the bills.

Clean Indoor Act - Act 27 of 2008 prohibits smoking in public places with some exemptions. HAP supported the bill ( Senate Bill 246 ).

Umbilical Blood Cord Banking - Act 12 of 2008 provides for umbilical cord blood banking by requiring health care facilities and providers to give pregnant patients information, and requiring health care facilities to permit pregnant patients to arrange for donations. HAP supported the bill ( House Bill 874 ).

Profusionists - Act 19 of 2008 and Act 20 of 2008 prohibits the use of anyone not licensed in Pennsylvania from performing a perfusionist scope of practice. HAP was successful in amending the bill to include the use of out-of-state perfusionists in emergency situations. HAP supported the bills ( House Bill 500 and House Bill 501 ).

Newborn Screening - Act 36 of 2008 amends the Newborn Child Testing Act requiring the Department of Health to establish a program for screening tests of newborn children for phenylketonuria (PKU), maple syrup urine disease (MSUD), sickle-cell disease (hemoglobinopathies), galactosemia, congenital adrenal hyperplasia (CAH), and primary congenital hyperthyroidism. Requires Department of Health to do follow-up services. HAP supported the bill ( House Bill 883 ).

Cancer Drugs - Act 14 of 2008 establishes a voluntary cancer drug repository program that allows pharmacies, under the supervision of the State Board of Pharmacy, to re-dispense unused cancer drugs to cancer patients. Under the program, drugs may be returned to an approved pharmacy to be re-dispensed, provided that they are in their original packaging and the drug expires no sooner than six months after the date the cancer drug was restocked. Drugs dispensed under a state medical assistance program may be accepted and dispensed. HAP supported the bill ( Senate Bill 638 ).

Blues Merger Oversight - Act 62 of 2008 amends the Insurance Company Law to provide coverage for autism spectrum disorders, colorectal cancer screenings, and to clarify state oversight over mergers and consolidations of Blue Cross and Blue Shield health plans. The bill also provides for autism and colon rectal screening. HAP supported the bill ( House Bill 1150 ).

Physician Assistants and Respiratory Therapists - Acts 45 and 46 of 2008, amend the Medical and Osteopathic Practice Acts providing for definitions, outlining licensure requirements for therapists and providing for temporary permits for individuals who have graduated or expect to graduate within 30 days from an accredited respiratory care training program recognized by the board. The acts also extend the authority of physician assistants. A physician assistant would be required to carry professional liability insurance coverage. HAP supported the bills ( House Bill 1804 and House Bill 2088 ).

Physical Therapists - Act 38 of 2008 amends the Physical Therapy Practice Act further providing for qualifications for license and examinations, for renewal of license and for reporting of multiple licensure; providing for continuing education; further providing for practice of physical therapy, for physical therapy assistants, education and examination, scope of duties and registration and for supportive personnel; repealing provisions relating to certification of athletic trainers. HAP supported the bill ( House Bill 1199 ).

Tax-Exemption - The Senate approved a resolution ( Senate Resolution 363 ) sponsored by Senator Bob Mellow that directs the Legislative Budget and Finance Committee to study the impact of tax-exempt property on the finances of local governments and to make recommendations.

Pending

Coverage for the Uninsured

PA Access to Basic Care - The Pennsylvania Access to Basic Care (PA ABC), an alternative to the Governor’s Cover All Pennsylvanians (CAP) proposal, was amended into existing legislation, Senate Bill 1137 . The House amendment continues the linkage of Mcare abatement extension with passage of a plan to cover more uninsured adults. The plan adds coverage for behavioral health services and prescription drugs to the adultBasic plan. The Insurance Department would administer the plan in a manner similar to how they manage the state’s Children’s Health Insurance Program and adultBasic. The plan proposes to cover more than 270,000 eligible adults over the next five years. The bill would fund the program in part from contributions from employers and individuals, transfers from existing programs, and federal matching funds. It would draw on available balances from the Health Care Provider Retention Act (created to support Mcare abatement) after funding has been provided for Mcare abatements and the unfunded liability. Other funding sources envisioned for the program include an increase in the cigarette tax and new taxes on cigars and smokeless tobacco. HAP does not support as currently written.

Community Health Clinics - Senator Ted Erickson (R-Delaware) introduced Senate Bill 5 which provides grants to community-based health care clinics that provide "medical homes" for the uninsured. The House approved a similar bill House Bill 1824 , introduced by Representative John Evans (R-Erie). HAP supports the bills.

Community Based Care - Representative John Pallone,(D-Westmoreland) introduced House Bill 2625 , which establishes the County Access to Community-based Care and Extended Safety-net Services (County Access) Program in the Department of Health. HAP is reviewing the bill.

Specialty Physicians Network - Senator Mike Brubaker (R-Lancaster) introduced Senate Bill 1450 which creates a physician, hospital and ancillary partner volunteer program, known as Project Access. HAP supports the bill.

Continuing Medical Education Credits - Senator Pat Browne introduced Senate Bill 1451 which provides continuing education credits for health care providers who volunteer at health clinics and in their communities for uninsured and low-income residents. HAP supports the bill.

Low-Cost Prescription Drugs - Senator Pat Vance (R-Cumberland) introduced Senate Bill 379 which eliminates predatory pricing provisions to allow for the sale of low-cost prescription drugs at retail establishment pharmacies. HAP supports the bill.

Free Drug Registry Program - Senator Chuck McIlhinney introduced Senate Bill 1455 which creates an internet program in the Department of Health to assist low-income uninsured individuals in accessing prescription assistance programs. HAP supports the bill.

Market Conduct

Antitrust - Senator Bob Mellow (D-Lackawanna) introduced Senate Bill 203 , the Pennsylvania Antitrust Act. The bill states that a contract, combination, or conspiracy in restraint of trade or commerce in Pennsylvania is unlawful. HAP supports the bill.

Certificate of Need - Representative Phyllis Mundy (D-Luzerne) introduced House Bill 305 , which re-establishes the Certificate of Need program for health care facilities. HAP opposes the bill.

Self-Referral - Representative Tony DeLuca (D-Allegheny) introduced House Bill 1750 , The Patient Self-Referral Act. The bill states that a health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. The legislation also establishes requirements for accepting outside referrals for diagnostic imaging. HAP supports the bill with changes.

Medical Liability

Mcare abatement - The House adjourned without concurring on House Bill 2648 , sponsored by Representative Todd Eachus (D-Luzerne), which was amended in the Senate to extend the Mcare abatement program for two years. HAP supports the bill.

Mcare Fund Retirement and Abatement - The amendments to Senate Bill 1137 adopted by the House provide for a ten-year phase-out of the Mcare Fund starting in 2009. Primary limits increase each year in $50,000 increments, and the Mcare limits would decrease by $50,000 each year. In 2018, primary limits would be $1,000,000, and the Mcare Fund would no longer accept any new claims. Starting in 2013, the abatement for health care providers that currently receive 50 percent abatement increases to 56.6 percent and would gradually increase to 100 percent by 2018. HAP supports the provisions in SB 1137 with some technical changes.

Peer Review Liability - House Bill 1822 , introduced by Representative Brian Cutler (R- Lancaster), amends the Peer Review Protection Act further providing for immunity from civil or criminal liability for persons furnishing information to any review organization provided the person has exercised due care. The bill also provides protection from retaliation. HAP supports the bill.

Argument of Damages - House Bill 1389 , sponsored by Representative Don Walko (D-Allegheny), provides for permissible argument as to damages at trial in any civil action. HAP opposes the bill.

Alternative Dispute Resolution - Representative Doug Reichley (R-Lehigh) introduced House Bill 1343 , which provides for mandatory arbitration by stating that if the parties cannot settle an action commenced against a health care provider, then the parties must submit the case to mandatory arbitration. Awards at arbitration would be limited to economic damages, reasonable attorney fees, and not more than $250,000 for non-economic damages per plaintiff. HAP supports the bill.

Joint and Several Liability - Representative Mike Turzai (R-Allegheny) reintroduced House Bill 850 , which reforms joint and several liability. The bill is identical to legislation passed in 2006, but vetoed by Governor Rendell. HAP supports the bill.

Medical Liability Demonstration - Senator Jane Orie (R-Allegheny) introduced Senate Bill 678 , which establishes a demonstration program to evaluate an alternative to the present medical liability system. The legislation is in response to Senate Resolution 160 , which directed the Joint State Government Commission to conduct a study on the feasibility of creating a new medical liability system. HAP and the Pennsylvania Medical Society helped in the development of the bill. HAP supports the bill.

Non-economic Damages - Senator Jake Corman (R-Centre) introduced Senate Bill 50 , a Joint Resolution proposing an amendment to the state’s Constitution to add that the General Assembly may not limit the recovery of economic damages for injuries resulting in death, or for injuries to persons or property, and may by statute limit the recovery of non-economic damages. House Bill 860 , sponsored by Representative Mike Turzai (R-Allegheny) also would amend the state Constitution to allow the General Assembly to enact statutory limits on non-economic damages. HAP supports the bills.

Apology/Disclosure - Representative Daylin Leach (D-Montgomery) introduced House Bill 311 , which makes expressions of sympathy following an accident or error inadmissible in civil court to prove liability. The bill is intended to encourage full disclosure of mistakes or errors in judgment by eliminating physicians’ and hospitals’ fear that their admissions will be used against them in a court of law. A similar bill ( House Bill 1945 ) was introduced by Representative Keith Gillespie (R-York). HAP supports the bills.

Certificate of Merit––Representative Mike Turzai, R-Allegheny, introduced House Bill 2660 which strengthens certificate of merit requirements in professional liability cases. HAP supports the bill.

Licensure

Health Department Inspections - Representative Tony DeLuca (D-Allegheny) introduced House Bill 1694 , which requires the Department of Health to conduct an annual survey of every licensed hospital. HAP opposes the bill on the basis that it is unnecessary and costly. HAP opposes the bill.

Licensing of Sleep Centers - House Bill 1264 , sponsored by Representative Tim Solabay (D-Allegheny), amends the Health Care Facilities Act by defining sleep centers as a health care facility subject to licensure by the Department of Health. Free-standing sleep centers currently are not subject to review as are hospital centers that are reviewed under licensure of hospitals. HAP supports the bill.

Licensure Inspection - Representative Ed Staback (D-Lackawanna) introduced House Bill 2183 , which amends the Health Care Facilities Act to require the Department Of Health to initiate onsite investigations of complaints at long term care facilities within 24 hours if the complaint is a priority complaint or within 48 hours if the complaint is a general complaint. HAP is reviewing the bill.

Hospital Governance

Public Access to Records and Meetings - Senator Pat Browne (R-Lehigh) introduced Senate Bill 780 , which requires boards of nonprofit hospitals to comply with the state’s open meeting requirements. Senator Browne also introduced Senate Bill 781 , which amends the state’s Right-to-Know Law to require nonprofit hospitals to comply with open examination and inspection requirements pertaining to certain documents. Senator Browne has agreed with HAP that these bills would interfere with the governance of private nonprofit hospitals. He will not push for action on these bills, but wants to have further discussions with HAP about what information should be made public. HAP opposes the bills.

Workforce/Professional Licensure/Physician Recruitment and Retention

Medical Residents - Senator Michael Stack (D-Philadelphia) introduced Senate Bill 1224 , the Medical Resident and Patient Safety Act. The bill limits the number of hours a medical resident can work in a hospital. The bill provides for whistleblower protections and fines. HAP opposes the bill.

Prohibition of Mandatory Overtime - Representative Dan Surra (D-Clearfield) introduced House Bill 834 , the Prohibition of Excessive Overtime in Health Care Act. The bill states that a health care facility may not require an employee to work in excess of an agreed to, predetermined, and regularly scheduled daily work shift. The refusal of an employee to accept work in excess of the limitations set in this bill would not be grounds for discrimination, dismissal, discharge, or any other employment decision adverse to the employee. Senator Tina Tartaglione (D-Philadelphia) introduced Senate Bill 835 , the Health Care Worker and Patient Protection Act, which would establish guidelines for mandatory overtime for the protection of patients and health care workers. HAP opposes the bills.

Nurse Staffing Ratios - Representative Tim Solobay (D-Washington) introduced House Bill 171 , which requires health care facilities to adopt staffing requirements and acuity systems for all nursing staff. HAP opposes the bill.

Nursing Shortage - Representative Mark Cohen (D-Philadelphia) introduced House Bill 861 , the Nursing Shortage Initiative Act. The bill provides an incentive to Pennsylvania nurses and Pennsylvania students who pursue higher education and training in nursing programs to seek and accept full-time employment in underserved areas through the establishment of the Nursing Shortage Initiative Program in the Department of Labor and Industry, which would be for repayment of student loans for nurses providing direct patient care in underserved areas. HAP supports the bill.

Physician Loan Forgiveness - The House approved House Bill 1093 , the Physician Retention Loan Forgiveness Act, sponsored by Representative Josh Shapiro (D-Montgomery). The bill intends to improve patient access to health care by assisting with recruitment and retention of physicians. A physician accepted into the program, practicing full-time, may be reimbursed an amount up to 100 percent of the total loan for physician training after ten years of service (10 percent per year). The bill is limited to physicians practicing in family medicine, internal medicine, pediatrics, and obstetrics. The bill gives first preference to physicians who are recipients of loans who agree to practice in medically underserved or in primary care health professional shortage areas. A similar bill (Senate Bill 1452) was introduced in the Senate by Senator Jake Corman (R-Centre). HAP supports the bills.

Nurse Anesthetists - House Bill 1256 , introduced by Representative Marc Gergely (D-Allegheny), changes the current State Board of Nursing requirement for “cooperation” between a physician and nurse anesthetist to one of “collaboration” as well as requiring the nurse to carry the same amount of malpractice insurance as a physician without eligibility for Mcare abatement. HAP supports the bill with changes.

Nurse Anesthetists - House Bill 341 introduced by Representative Stephen Barrar (R-Delaware) limits the administration of sedation other than “conscious sedation” to nurse anesthetists. HAP supports the bill with changes.

Rest Periods - Representative Dan Surra (D–Clearfield) introduced House Bill 632 , the Rest Period for Workers Act, which requires that no individual be employed or permitted to work for more than five hours continuously in any establishment without a meal or rest period of at least 30 minutes. This would not apply to employers who are police and fire departments, public ambulance services, or providers of emergency medical services. HAP opposes the bill.

Insurance

Mini-Cobra Coverage - Senator Don White (R-Indiana) introduced Senate Bill 1422 which extends continuation of a group health insurance policy for a former employee and their dependents who are no longer eligible for his small group policy. This will make this option available to approximately 150,000 individuals who work for employers with 2 to 19 employees and who change jobs. A similar bill ( House Bill 2026 ) was introduced by Representative Tina Pickett, R-Bradford. HAP supports the bills.

Extending the Insurance Option for Adult Dependent Children - Senator Jake Corman (R-Centre) introduced Senate Bill 1453 which offers parents the option to purchase insurance coverage for dependent individuals up to the age of 30. A similar bill ( House Bill 1556 ) was introduced by Representative Mark Longietti (D-Mercer). HAP supports the bills.

High-Risk Pools - Senator Mike Folmer (R-Lebanon) introduced Senate Bill 1454 which creates a high-risk pool as an alternative for individuals with severe health conditions to obtain affordable health insurance. HAP supports the bill.

State Tax Credits for Health Savings Accounts - Senator Mike Folmer introduced Senate Bill 1182 which provides state tax credits for small businesses that contribute to employee Heath Savings Accounts. A similar bill ( House Bill 121 ) was introduced by Representative Scott Boyd (R-Lancaster). HAP supports the bill.

Dependent Coverage - House Bill 2005 , sponsored by Representative Tony DeLuca (D-Allegheny), provides for affordable small-group health coverage which would require insurers to offer a plan meeting minimum benefits specified in a standard plan developed by the Insurance Department. HAP supports the bill.

Single-Payer Health Plan - Senator Jim Ferlo (D-Allegheny) introduced Senate Bill 300 , The Family and Business Health Care Security Act. The bill provides for a statewide single-payer health care system to replace the current employer-based system, and creates the Pennsylvania Health Care Agency, to be funded by an increase in business taxes and personal income taxes. The agency would set reimbursement rates, benefits, and hospital capital expenditures. A companion bill ( House Bill 1660 ) was introduced by Rep. Kathy Manderino (D-Philadelphia). HAP opposes the bills.

Provider Payments - Representative Bryan Lentz (D-Delaware) introduced House Bill 685 , which provides for fair medical bill payments to certain health care providers and institutions for care, treatments, and services covered under health insurance policies. HAP supports the bill.

Health Provider Joint Negotiations - Senator Connie Williams (D-Montgomery) introduced Senate Bill 52 , the Health Care Provider Joint Negotiation Act, which authorizes independent health care providers to jointly negotiate with a health care insurer and engage in related joint activity. HAP supports the bill with changes.

Hospital Plan and Professional Health Service Corporations - Representative Phyllis Mundy (D-Luzerne) introduced House Bill 298 , which requires that hospital plan corporations and professional health service corporations maintain reserves in such form and amount as the Insurance Department may determine, and would require that such plans return any excess reserves to reduce health insurance premiums. HAP supports the bill.

Managed Care - Representative Bryan Lentz (D-Delaware) introduced House Bill 933 , the Managed Care Plan and Participating Provider Contracting Act. The bill is intended to protect health care consumers by ensuring that managed care plans enter into contracts with health care providers that are equitable and reasonable and assure the long-term financial viability of both the plans and providers. HAP supports the bill.

Small Group Health Insurance - Senator Don White (R-Indiana) introduced Senate Bill 865 , which requires health insurers with 50 percent or more market share within a region to use community rating and for those with less than 50 percent to use a modified community rating methodology in the development of premium rates. HAP supports the bill.

Physician Fee Disclosure - Senator Tommy Tomlinson (R-Bucks) introduced Senate Bill 89 , which requires health insurers to disclose fee schedules and methodologies. HAP supports the bill.

Nonpayment for Preventable Serious Adverse Events - Senator Don White (R-Indiana) introduced Senate Bill 1411 which prohibits health care providers from billing insurance companies or patients for preventable serious adverse events. A preventable serious adverse event is described as a negative consequence of care that results in unintended injury or illness that could have been anticipated and prepared for, but that occurs because of an error and results in the patient's death, loss of a body part, disability, or loss of bodily function. A similar bill ( House Bill 2098 ) was introduced by Representative Tony DeLuca (D-Allegheny). HAP supports the bills.

Healthy Living Discounts - Senator Gib Armstrong introduced Senate Bill 1267 which allows employers to establish a "Healthy Living Committee" (HLC) to help employees live longer and healthier lives; promote health and wellness; and reduce premium costs. The Insurance Department would establish qualifications and certify HLCs. Group health insurers would provide a five percent discount on premium rates to employers with HLCs. HAP supports the bill.

Tax Credits for HSA’s - House Bill 121 , introduced by Representative Scott Boyd (R-Lancaster), provides tax credits to small businesses for contributions to employee’s Health Savings Accounts. HAP supports the bill.

Disease Management Tax Credit Bill - House Bill 1727 , introduced by Representative Doug Reichley (R-Lehigh), provides a tax credit of $500 per employee to an ¬employer¬ who offers a health care policy for his employees which provides “disease management” protocols within the benefit package. HAP supports the bill.

Basic Benefits Plan - House Bill 1825 , introduced by Representative Tom Killion (R-Delaware), requires the Insurance Department to develop standardized health benefit plans that insurers shall offer to individuals and small employers. HAP supports the bill.

AdultBasic - House Bill 1826 , introduced by Representative Mark Mustio (R-Allegheny), establishes sliding scale premiums based on income to enroll more eligible adults for insurance coverage. HAP supports the bill.

Sole Proprietor Benefits - House Bill 2025 , introduced by Representative Tina Pickett (R-Bradford), requires health insurers to offer sole proprietors/entrepreneurs basic health insurance coverage and high deductible policies compatible with Health Savings Accounts. HAP supports the bill.

Wellness Tax Credits - House Bill 2027 , introduced by Representative Duane Milne (R-Chester), provides for tax credits up to $1,000 a year for the purchase of services aimed at a healthily lifestyles. HAP supports the bill.

Medicaid

Critical Access Hospitals - Senator Lisa Baker (R-Susquehanna) introduced Senate Bill 1361 , which requires the Department of Public Welfare to reimburse a critical access hospital which is qualified to participate under Title XIX of the Social Security Act at 101 percent of Medical Assistance allowable costs. A companion bill, House Bill 2272 , was introduced by Representative Matt Baker (R-Tioga). HAP supports both bills.

Patient Care/Patient Safety

Obstetrics and Neonatal Services - Senate Bill 966 , sponsored by Senator Jane Orie (R-Allegheny), and House Bill 1514 , sponsored by Representative Kathy Manderino (D-Philadelphia), are known as the Access to Obstetrical and Neonatal Care Act, and provide additional payments to qualifying rural and non-rural hospitals that have a high volume or percentage of Medicaid cases. HAP supports the bills.

Child Deaths - Senator Lisa Baker (R-Luzerne) introduced Senate Bill 684 , the Child Death Review Act. The bill provides for the establishment of the Child Death Review Program, which would develop state and local teams to examine the circumstances surrounding deaths for the purpose of promoting safety and reducing child fatalities. HAP supports the bill.

Test Result Information Act - House Bill 2434 introduced by Representative Quinn (R-Bucks) requires an entity performing diagnostic imaging services to send directly to the patient a written copy of the summary of the test results of diagnostic imaging services performed on the patient within ten days of sending the test results to the patient's prescribing physician. The written copy of the summary of the test results may be sent directly to the patient electronically by e-mail or facsimile. HAP is reviewing the bill.

Whistleblower - Representative Tony DeLuca (D-Allegheny) introduced House Bill 742 that amends the Mcare Act by adding many provisions related to whistleblower protection and a reporting system for medical errors. The bill would require the Patient Safety Authority to maintain a statewide confidential, toll-free telephone line to enable health care practitioners to report on patient safety and maintain anonymity. The authority would review all complaints in conjunction with external quality review teams. HAP opposes the bill.

Emergency Medical Services - Senator Lisa Baker (R-Luzerne) introduced Senate Bill 1420 , which updates Pennsylvania’s emergency services act. HAP is reviewing the bill.

Burn Centers - Senator Dominic Pileggi (R-Delaware) introduced Senate Bill 610 , which provides additional Medicaid funds to maintain the availability of, and access to, comprehensive hospital burn center care. HAP supports the bill.

Motorcycle Helmets - Representative Dan Frankel (D-Allegheny) introduced House Bill 945 , which would reverse the 2003 law that made wearing a helmet optional for most motorcycle riders in Pennsylvania. An increase in the number of motorcycle deaths has been linked to the repeal of the helmet law. HAP supports the bill.

HIV Testing - Senate Bill 1261 , sponsored by Senator Ted Erickson (R-Delaware), amends the Confidentiality of HIV-Related Information Act by making HIV testing a routine part of general medical care; provides for consent to HIV-related tests by adding that a health care provider may offer opt-out HIV testing, where the subject is informed that the subject will be tested for HIV unless he or she refuses. These changes reflect new recommendations by the Centers for Disease Control and Prevention. Representative Josh Shapiro, D-Montgomery, introduced House Bill 2465 which amends the Disease Prevention and Control Law of 1955 to provide for prenatal HIV-related testing. HAP supports the bills.

Obstetrical Care - At HAP’s request, Representative Kathy Manderino (D-Philadelphia) introduced House Resolution 644 directing the Legislative Budget and Finance Committee to conduct a study of the availability and accessibility of obstetrical services in Pennsylvania. HAP supports the resolution.

Prenatal and Postpartum Care - Representative George Kenney (R-Philadelphia) introduced House Bill 2359 , the Prenatal and Postpartum Counseling Act. The bill requires hospitals or birthing centers to provide patients with information on prenatal depression, postpartum depression, or postpartum psychosis and for emotional traumas associated with pregnancy and parenting. The facilities also would screen the woman for postpartum depression symptoms prior to discharge from the birthing facility and at the infant’s checkups. The Department of Health would be required to adopt and promulgate rules and regulations. HAP opposes the bill.

Health Information Technology

Electronic Medical Records - Senator Rob Wonderling (R-Montgomery) introduced Senate Bill 8 which creates the Medical Safety Automation Fund (M-SAF) Act, which would provide grants to health care providers and regional health information organizations to implement medical safety automation systems. HAP supports the bill.

Telemedicine Expansion - Senator Rob Wonderling (R-Montgomery) introduced Senate Bill 819 which creates the Telemedicine Act to permit physicians licensed in another jurisdiction to receive medical data and radiology images for a patient located in Pennsylvania for purposes of interpreting the data to consult, diagnose, or treat that patient. HAP supports the bill.

E-Prescribing - Senator Connie Williams (D-Philadelphia) introduced Senate Bill 14 and Senate Bill 1094 , which require every health care facility to provide access to an e-prescribing system for use by all medical staff. The bills also provide grants to assist health care facilities in acquiring such systems. The bill implements a provision in the Governor’s health reform plan. HAP supports the bills with changes.

Telemedicine - Senator John Gordner (R-Columbia) introduced Senate Bill 828 , the Gaining Access to Physicians (GAP) Program Act. The bill would establish the GAP Program, which would be administered by the Department of Public Welfare in accordance with the requirements for qualified state telemedicine reimbursement. HAP supports the bill.

Telemedicine - Senate Bill 340 , sponsored by Senator Pat Browne (R-Lehigh), was approved by the Senate Public Health and Welfare Committee and referred to the Senate Appropriations Committee. The bill provides for Medical Assistance payments for telemedicine services. HAP supports the bill.

Financial

Hospital Capital Funding - Representative Keith McCall (D-Carbon) introduced House Bill 2638 , the Legacy Accounts Economic Development and Infrastructure Act that provides grants to hospitals for capital projects. This legislation uses existing and unallocated funds from the Pennsylvania Gaming Economic Development and Tourism Fund. HAP supports the bill.

Tax-Exemption - Representative Bob Freeman (D-Northampton) introduced House Bill 2018 , which would establish the Tax-Exempt Property Municipal Assistance Fund to provide assistance to those municipalities with tax-exempt property amounting to more than 17 percent of the assessed value. The fund would receive revenue from the Johnstown Flood Tax. HAP supports the bill.

Community Benefits - Representative Todd Eachus (D-Luzerne) introduced House Bill 1661 , which amends the Institutions of Purely Public Charity Act by limiting the definition of contributions. HAP opposes the bill.

Electric Rates - House Bill 1201 , sponsored by Representative Bud George (D-Clearfield), is scheduled for a vote in the House. This is part of the Governor’s energy independence program and would create a new tax on electricity users that would be used to pay off an $850 million bond. Most of the money from the bond would be given to alternative energy companies. The maximum tax on any one company/entity is estimated to be $10,000. Most of our hospitals would likely hit the $10,000 limit. HAP opposes the bill.

False Claims - Representative Mike Gerber (D-Montgomery) introduced House Bill 1523 . The bill would provide for liability for false claims, for treble damages, costs and civil penalties, for powers of the Attorney General, and for qui tam actions. Representative George Kenney (R-Philadelphia) introduced House Bill 329 , a similar False Claims Act. HAP supports the bills with changes.

Pharmacy Audits - Representative Mark Cohen (D-Philadelphia) introduced House Bill 1798 , the Pharmacy Audit Integrity Act. The bill provides for pharmacy audit procedures to establish minimum and uniform standards and criteria for the audit of pharmacy records. The bill also provides for an appeals process, third party resources, and prohibits the accounting practice of extrapolation in calculating recoupments or penalties for audits. HAP opposes the bill.

Reporting

Pennsylvania Health Care Cost Containment Council - Senate Bill 1372 and House Bill 2648 , which would extend the Council beyond the June 30, 2008 sunset date, were not approved and the Council no longer has statutory authority. The Governor issued an Executive Order to resume activities of the Council through November 30, 2008.