PRINTER'S NO. 2519
No. 1997 Session of 1999
INTRODUCED BY KENNEY AND BELFANTI, OCTOBER 25, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 25, 1999
AN ACT
1 Amending the act of June 1, 1937 (P.L.1168, No.294), entitled
2 "An act to protect the right of employes to organize and
3 bargain collectively; creating the Pennsylvania Labor
4 Relations Board; conferring powers and imposing duties upon
5 the Pennsylvania Labor Relations Board, officers of the State
6 government, and courts; providing for the right of employes
7 to organize and bargain collectively; declaring certain labor
8 practices by employers to be unfair; further providing that
9 representatives of a majority of the employes be the
10 exclusive representatives of all the employes; authorizing
11 the board to conduct hearings and elections, and certify as
12 to representatives of employes for purposes of collective
13 bargaining; empowering the board to prevent any person from
14 engaging in any unfair labor practice, and providing a
15 procedure for such cases, including the issuance of a
16 complaint, the conducting of a hearing, and the making of an
17 order; empowering the board to petition a court of common
18 pleas for the enforcement of its order, and providing a
19 procedure for such cases; providing for the review of an
20 order of the board by a court of common pleas on petition of
21 any person aggrieved by such order, and establishing a
22 procedure for such cases; providing for an appeal from the
23 common pleas court to the Supreme Court; providing the board
24 with investigatory powers, including the power to issue
25 subpoenas and the compelling of obedience to them through
26 application to the proper court; providing for service of
27 papers and process of the board; prescribing certain
28 penalties," further providing for the rights, duties and
29 responsibilities of medical professional employees and health
30 care financing firms.
31 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 3(c) and (d) of the act of June 1, 1937
3 (P.L.1168, No.294), known as the Pennsylvania Labor Relations
4 Act, amended June 5, 1947 (P.L.410, No.188), are amended and the
5 section is amended by adding clauses to read:
6 Section 3. Definitions. When used in this act--
7 * * *
8 (c) The term "employer" includes any person acting, directly
9 or indirectly, in the interest of an employer, but shall not
10 include the United States or the Commonwealth, or any political
11 subdivision thereof, or any municipal authority, or any person
12 subject to the Federal Railway Labor Act or any labor
13 organization (other than when acting as an employer), or anyone
14 acting in the capacity of officer or agent of such labor
15 organization. The term "employer" shall also include a health
16 care financing firm.
17 (d) The term "employe" shall include any employe, and shall
18 not be limited to the employes of a particular employer, unless
19 the act explicitly states otherwise, and shall include any
20 individual whose work has ceased as a consequence of, or in
21 connection with, any current labor dispute, or because of any
22 unfair labor practice, and who has not obtained any other
23 regular and substantially equivalent employment, but shall not
24 include any individual employed as an agricultural laborer, or
25 in the domestic service of any person in the home of such
26 person, or any individual employed by his parent or spouse. The
27 term "employe" shall also include any medical professional
28 employe.
29 * * *
30 (i.1) The term "medical professional employe" means an
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1 individual who is licensed, certified or otherwise regulated to
2 provide health care services under the laws of this
3 Commonwealth, including, but not limited to, a physician,
4 dentist, podiatrist, optometrist, pharmacist, psychologist or
5 chiropractor, who receives compensation or reimbursement from a
6 health care financing firm by virtue of a provider contract,
7 participation in a provider network, and a practice which
8 consists of patients who are enrollees of a health care
9 financing firm and such patients constitute fifteen per centum
10 or more of the individual's patient caseload.
11 (i.2) The term "health care financing firm" includes a firm
12 that offers health care insurance or similar coverage for health
13 care services, including, but not limited to, a health insurance
14 plan or a self-funded health benefit plan. For the purposes of
15 this act, a third-party administrator shall be considered a
16 health care financing firm when it interacts with medical
17 professional employes on behalf of a health care financing firm.
18 (i.3) The term "health care services" includes services for
19 the diagnosis, prevention, treatment, cure or relief of a health
20 condition, injury, disease or illness, including, but not
21 limited to, the professional and technical component of
22 professional services, supplies, drugs and biologicals,
23 diagnostic X-ray, laboratory and other diagnostic tests,
24 preventive screening services and tests (e.g. pap smears,
25 mammograms), X-ray, radium and radioactive isotope therapy,
26 surgical dressings, devices for the reduction of fractures,
27 durable medical equipment, braces, trusses and artificial limbs
28 and eyes, dialysis services and facility services.
29 (i.4) The term "health insurance plan" includes an entity,
30 subject to the insurance laws of this Commonwealth or otherwise
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1 subject to the jurisdiction of the Insurance Commissioner or the
2 Department of Labor and Industry, which contracts or offers to
3 contract to provide, deliver, arrange for, pay for or reimburse
4 any of the costs of health care services, including, but not
5 limited to, an entity licensed under any of the following:
6 (1) The act of May 17, 1921 (P.L.682, No.284), known as "The
7 Insurance Company Law of 1921," including section 630.
8 (2) The act of December 29, 1972 (P.L.1701, No.364), known
9 as the "Health Maintenance Organization Act."
10 (3) The act of December 14, 1992 (P.L.835, No.134), known as
11 the "Fraternal Benefit Societies Code."
12 (4) 40 Pa.C.S. Ch. 61 (relating to hospital plan
13 corporations).
14 (5) 40 Pa.C.S. Ch. 63 (relating to professional health
15 services plan corporations).
16 (i.5) The term "Insurance Commissioner" means the Insurance
17 Commissioner of the Commonwealth.
18 (i.6) The term "provider contract" includes an agreement
19 between a medical professional employe and a health care
20 financing firm which sets forth the terms and conditions under
21 which the medical professional employe is to deliver health care
22 services to enrollees of health insurance plan or self-funded
23 health benefit plan.
24 (i.7) The term "provider network" includes medical
25 professional employes who have provider contracts with a health
26 care financing firm.
27 (i.8) The term "self-funded health benefit plan" includes a
28 plan that provides for the assumption of the cost of or
29 spreading risk of loss resulting from health care services of
30 the covered lives by any employer, union or other sponsor,
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1 substantially out of the current revenues, assets or any other
2 funds of the sponsor.
3 (i.9) The term "third-party administrator" includes an
4 entity that provides utilization review, provider network
5 credentialing, or other administrative services for a health
6 insurance plan or a self-funded health benefit plan.
7 * * *
8 Section 2. Section 6(2) of the act is amended by adding a
9 clause to read:
10 Section 6. Unfair Labor Practices.--* * *
11 (2) It shall be an unfair labor practice for a labor
12 organization, or any officer or officers of a labor
13 organization, or any agent or agents of a labor organization, or
14 any one acting in the interest of a labor organization, or for
15 an employe or for employes acting in concert--
16 * * *
17 (f) In regard to medical professional employes, to call,
18 institute, maintain or conduct a strike or boycott against any
19 health care financing firm.
20 Section 3. This act shall be applicable when permitted by
21 Federal law as certified by the Department of Labor and
22 Industry, such certification to be published as a notice in the
23 Pennsylvania Bulletin.
24 Section 4. This act shall take effect in 60 days.
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