PRINTER'S NO. 3887
No. 2617 Session of 2004
INTRODUCED BY REICHLEY, ADOLPH, ALLEN, ARMSTRONG, BARRAR,
BELFANTI, BENNINGHOFF, BOYD, BROWNE, BUNT, CAPPELLI, CAWLEY,
CLYMER, CORRIGAN, CRAHALLA, DALLY, DENLINGER, FABRIZIO,
FAIRCHILD, GEORGE, GOODMAN, HENNESSEY, LAUGHLIN, MANN,
McCALL, McILHATTAN, O'NEILL, PAYNE, READSHAW, SATHER,
SCAVELLO, SCHRODER, SOLOBAY, TIGUE, WASHINGTON, WATSON,
YOUNGBLOOD AND CIVERA, MAY 24, 2004
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MAY 24, 2004
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth;" further defining "health
4 care provider"; and further providing for abatement program,
5 for procedure and for certificate of retention.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "health care provider" in
9 section 1301-A of the act of June 13, 1967 (P.L.31, No.21),
10 known as the Public Welfare Code, added December 23, 2003
11 (P.L.237, No.44), is amended to read:
12 Section 1301-A. Definitions.
13 The following words and phrases when used in this article
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
1 "Health care provider." An individual who is all of the
2 following:
3 (1) A physician, licensed podiatrist or certified nurse
4 midwife.
5 (2) A participating health care provider as defined in
6 section 702 of the act of March 20, 2002 (P.L.154, No.13),
7 known as the Medical Care Availability and Reduction of Error
8 (Mcare) Act.
9 * * *
10 Section 2. Sections 1302-A, 1304-A and 1305-A of the act,
11 added December 23, 2003 (P.L.237, No.44) are amended to read:
12 Section 1302-A. Abatement program.
13 There is hereby established within the Insurance Department a
14 program to be known as the Health Care Provider Retention
15 Program. The Insurance Department, in conjunction with the
16 department, shall administer the program. The program shall
17 provide assistance in the form of assessment abatements to
18 health care providers for calendar years 2003 and 2004. A
19 licensed podiatrist shall be eligible for an assessment
20 abatement for calendar year 2004 only.
21 Section 1304-A. Procedure.
22 (a) Application.--A health care provider may apply to the
23 Insurance Department for an abatement of the assessment imposed
24 for the previous calendar year. The application must be
25 submitted by February 15 of the current calendar year and be on
26 the form required by the Insurance Department. In addition to a
27 completed application, an applicant shall submit all of the
28 following supporting information:
29 (1) A statement of the applicant's field of practice,
30 including any specialty.
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1 (2) Any proof of payment of the applicant's assessment
2 for the preceding calendar year.
3 (3) A copy of, and proof of payment of, the applicant's
4 premium for medical professional liability insurance for the
5 preceding, if applicable, and the current calendar years. The
6 proof of payment shall indicate the amount of premium paid.
7 (4) Except for physicians enrolled in an approved
8 residency or fellowship program, a signed certificate of
9 retention.
10 (5) A signed certification that the health care provider
11 is an eligible applicant under section 1303-A for the
12 program.
13 (6) Such other information as the Insurance Department
14 may require.
15 (b) Review.--Upon receipt of a complete application, the
16 Insurance Department shall review the applicant's information
17 and grant a complete or partial abatement of the assessment for
18 the previous calendar year in accordance with all of the
19 following:
20 (1) The Insurance Department shall notify the department
21 that the applicant is entitled to a 100% abatement of the
22 imposed assessment if the health care provider was assessed
23 under section 712(d) of the Mcare Act as:
24 (i) a physician who is assessed as a member of one
25 of the four highest rate classes of the prevailing
26 primary premium;
27 (ii) an emergency physician;
28 (iii) a physician who routinely provides obstetrical
29 services in rural areas as designated by the Insurance
30 Department; or
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1 (iv) a certified nurse midwife.
2 (2) The Insurance Department shall notify the department
3 that the applicant is entitled to a 50% abatement of the
4 imposed assessment if the health care provider was assessed
5 under section 712(d) of the Mcare Act as a physician or a
6 licensed podiatrist but does not qualify for an abatement
7 under paragraph (1).
8 (c) Refund.--If a health care provider paid the assessment
9 for calendar year 2003 prior to applying for an abatement under
10 subsection (a), the health care provider may, in addition to the
11 completed application required by subsection (a), submit a
12 request for a refund. The request shall be submitted by February
13 15, 2004, and be on the form required by the Insurance
14 Department. If the Insurance Department grants the health care
15 provider an abatement of the assessment for calendar year 2003
16 in accordance with subsection (b), the Insurance Department
17 shall refund to the health care provider the portion of the
18 assessment which was abated.
19 Section 1305-A. Certificate of retention.
20 (a) Certificate.--The Insurance Department shall prepare a
21 certificate of retention form. The form shall require a health
22 care provider seeking an abatement under the program to attest
23 that the health care provider will continue to provide health
24 care services in this Commonwealth for at least one full
25 calendar year following the year for which an abatement was
26 received pursuant to this article.
27 (b) Repayment.--
28 (1) Except as provided in paragraph (2), if a health
29 care provider receives an abatement but, prior to the end of
30 the retention period, ceases providing health care services
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1 in this Commonwealth, the health care provider shall repay to
2 the Commonwealth 100% of the abatement received plus
3 administrative and legal costs, if applicable.
4 (2) Paragraph (1) shall not apply to a health care
5 provider who is any of the following:
6 (i) A physician who is enrolled in an approved
7 residency or fellowship program.
8 (ii) A [physician] health care provider who dies
9 prior to the end of the retention period.
10 (iii) A [physician] health care provider who is
11 disabled and unable to practice prior to the end of the
12 retention period.
13 (iv) A [physician] health care provider who is
14 called to active military duty prior to the end of the
15 retention period.
16 (v) A physician who retires and who is at least 70
17 years of age prior to the end of the retention period.
18 (c) Tax.--An amount owed the Commonwealth under subsection
19 (b) shall be considered a tax under section 1401 of the act of
20 April 9, 1929 (P.L.343, No.176), known as The Fiscal Code. The
21 Department of Revenue shall provide assistance to the Insurance
22 Department in any collection effort.
23 Section 3. This act shall take effect in 60 days.
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