H0084B0076A00576     AJM:JB  03/30/09     #90        A00576

AMENDMENTS TO HOUSE BILL NO. 84

Sponsor: REPRESENTATIVE DeLUCA

Printer's No. 76

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Amend Bill, page 1, lines 1 through 4, by striking out all of

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said lines and inserting

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Establishing a system for payment or reduction in payment for

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preventable serious adverse events within this Commonwealth;

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developing bulletins; and providing for the powers and duties

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of the Department of Public Welfare, the Department of Health

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and the Department of State.

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Amend Bill, page 2, line 24, by striking out "Such" and

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inserting

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Unless the events are listed in a preventable serious adverse

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events bulletin issued by the Department of Public Welfare under

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section 4(a) or with respect to medical assistance hospital

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payments under section 7(a) and (b), such

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Amend Bill, page 2, by inserting between lines 26 and 27

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"Principal."  A principal shall mean a nursing facility or

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trade association representing nursing facilities.

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Amend Bill, page 2, lines 29 and 30; page 3, lines 1 through

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3, by striking out all of said lines on said pages and inserting

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(a)  General rule.--A health care provider may not knowingly

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seek payment from a health payor or patient:

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(1)  for a preventable serious adverse event; or

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(2)  for any services required to correct or treat the

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problem created by a preventable serious adverse event when

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that event occurred under their control.

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Amend Bill, page 3, by inserting between lines 22 and 23

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Section 4.  Nursing facility preventable serious adverse events

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bulletin.

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(a)  Nursing facility bulletin.--The Department of Public

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Welfare shall issue a preventable serious adverse events

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bulletin for nursing facilities. For a nursing facility,

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preventable serious adverse events shall be those listed in a

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bulletin developed by the department under this section.

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(b)  Consulting principals.--Prior to issuance of a bulletin,

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the Department of Public Welfare shall consult with principals

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concerning the development of a preventable serious adverse

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events bulletin for nursing facilities.

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(c)  Open meetings.--Meetings held under subsection (b) shall

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be open to the public.

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(d)  Publication.--The Department of Public Welfare shall

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publish the proposed preventable serious adverse events bulletin

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in the Pennsylvania Bulletin and solicit public comments for a

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minimum of 30 days. After consideration of the comments it

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receives, the Department of Public Welfare may proceed to adopt

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the final preventable serious adverse events bulletin by

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publication in the Pennsylvania Bulletin. The Department of

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Public Welfare shall include its responses to the public

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comments that it received concerning the proposed bulletin.

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(e)  Department notice.--The Department of Public Welfare

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shall notify the Department of Health of the final preventable

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serious adverse events bulletin published under this section.

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Amend Bill, page 3, line 23, by striking out "4" and

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inserting

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5

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Amend Bill, page 3, lines 24 through 28, by striking out all

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of said lines and inserting

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(a)  Publishing of updates.--The Department of Health shall

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publish in the Pennsylvania Bulletin:

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(1)  Any updates to the list of reportable serious

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adverse events adopted by the National Quality Forum within

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30 days of the update issued by the National Quality Forum.

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(2)  A citation to the preventable serious adverse events

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the bulletin published under section 4.

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Amend Bill, page 4, line 2, by inserting after "patient"

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or health payor

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Amend Bill, page 4, line 6, by striking out "5" and inserting

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6

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Amend Bill, page 4, line 12, by striking out "6" and

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inserting

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7

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Amend Bill, page 4, lines 13 through 21, by striking out all

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of said lines and inserting

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(a)  Hospital preventable serious adverse events bulletin.--

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Nothing in this act shall require the Department of Public

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Welfare to alter, amend, revise or reissue any preventable

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serious adverse events bulletin relating to inpatient hospitals

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issued prior to the effective date of this act.

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(b)  Comment period.--Any modifications to the Department of

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Public Welfare preventable serious adverse events bulletins

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issued after the effective date of this act for a health care

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provider for a preventable serious adverse event shall require a

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30-day public comment period.

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Amend Bill, page 4, line 22, by striking out "(b)" and

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inserting

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(c)

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Amend Bill, page 4, line 27, by striking out "(c)" and

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inserting

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(d)

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Amend Bill, page 4, lines 28 through 30; page 5, line 1, by

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striking out all of said lines on said pages and inserting

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(1)  Except for health care providers under section 4,

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health care providers shall include all applicable medical

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codes in making reports to the Health Care Cost Containment

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Council.

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Amend Bill, page 5, line 6, by striking out "(d)" and

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inserting

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(e)

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Amend Bill, page 5, line 11, by inserting after "assistance"

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, any other department responsible for payment of a

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medical claim

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Amend Bill, page 5, by inserting between lines 12 and 13

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(f)  Department initiation.--Nothing in this act may prevent

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the Department of Public Welfare from developing, revising or

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amending a preventable serious adverse events bulletin in

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consultation with health care providers.

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(g)  Consultation by Department of Public Welfare.--Nothing

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in this act may prevent the Department of Public Welfare from

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consulting with any other agency or department that is

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responsible for payment of medical claims submitted for payment

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by a health care provider.

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Amend Bill, page 5, line 13, by striking out "7" and

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inserting

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8

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Amend Bill, page 5, line 14, by striking out "in 180 days."

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and inserting

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as follows:

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(1)  Section 4 shall take effect in one year.

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(2)  The remainder of this act shall take effect in 60

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days.