H2012B2971A05238 DMS:CDM 06/26/24 #90 A05238
AMENDMENTS TO HOUSE BILL NO. 2012
Sponsor: REPRESENTATIVE BRIGGS
Printer's No. 2971
Amend Bill, page 2, line 8, by striking out "PROVIDING FOR"
and inserting
establishing
Amend Bill, page 18, line 4, by striking out "AND OTHER
STATES" and inserting
, other states and state agencies
Amend Bill, page 18, by inserting between lines 4 and 5
913. Agency cooperation.
Amend Bill, page 18, line 5, by striking out "913" and
inserting
914
Amend Bill, page 18, line 6, by striking out "914" and
inserting
915
Amend Bill, page 18, line 7, by striking out "915" and
inserting
916
Amend Bill, page 18, by inserting between lines 8 and 9
917. Construction .
Amend Bill, page 18, line 9, by striking out "916" and
inserting
918
Amend Bill, page 18, line 26, by striking out "FIRM" and
inserting
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person
Amend Bill, page 19, line 1, by striking out "ENTITIES" where
it occurs the first time and inserting
persons
Amend Bill, page 19, line 1, by striking out "ENTITIES" where
it occurs the second time and inserting
persons
Amend Bill, page 19, line 3, by striking out "ENTITY" and
inserting
person
Amend Bill, page 19, line 4, by striking out "ENTITY" and
inserting
person
Amend Bill, page 19, line 9, by striking out "103" and
inserting
802.1
Amend Bill, page 19, line 14, by striking out "AN ENTITY" and
inserting
a person
Amend Bill, page 19, line 16, by striking out "AN ENTITY" and
inserting
a person
Amend Bill, page 19, line 17, by striking out "OWNERSHIP" and
inserting
direct or indirect ownership, including a private equity
fund
Amend Bill, page 19, line 21, by inserting after
"OPTOMETRIC,"
dental treatment,
Amend Bill, page 19, line 30, by striking out "ORGANIZATIONS"
and inserting
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persons
Amend Bill, page 20, line 1, by striking out "ORGANIZATIONS"
and inserting
persons
Amend Bill, page 20, lines 9 through 12, by striking out all
of said lines
Amend Bill, page 20, line 22, by striking out "AN ENTITY" and
inserting
A person
Amend Bill, page 21, line 3, by inserting after "MONOPSONIZE"
, to maintain a monopoly or monopsony
Amend Bill, page 21, lines 10 and 11, by striking out "IS
SUBSTANTIALLY TO" in line 10 and all of line 11 and inserting
may be substantially to lessen competition in any part
of trade or commerce.
Amend Bill, page 21, lines 14 through 17, by striking out all
of said lines
Amend Bill, page 21, line 25, by striking out "ACTION" and
inserting
act
Amend Bill, page 22, line 15, by striking out "ITS AGENCIES
THAT ARE" and inserting
Commonwealth agencies
Amend Bill, page 23, line 18, by striking out "A"
Amend Bill, page 23, line 19, by inserting after "LAW"
that
Amend Bill, page 23, line 20, by striking out "AND" and
inserting a comma
Amend Bill, page 23, line 20, by inserting after "STATES"
and state agencies
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Amend Bill, page 23, by inserting between lines 22 and 23
(f) Presumptions.--In an action brought by the Attorney
General under this chapter and the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act:
(1) The Attorney General is the sole party for discovery
purposes and is deemed to lack possession, custody or control
over documents possessed by the General Assembly, other
Commonwealth officers or other Commonwealth agencies.
(2) If the action is asserted on behalf of a
Commonwealth agency, the Attorney General may facilitate
nonparty discovery from the Commonwealth agency but is not
otherwise obligated under section 913 (relating to agency
cooperation) or section 208 of the Commonwealth Attorneys
Act.
(3) If the Attorney General does not seek to recover
damages for an injury suffered by a Commonwealth agency,
nonparty discovery of the Commonwealth agency is
presumptively unreasonable and unduly burdensome.
Amend Bill, page 23, line 24, by inserting after "CHAPTER"
in which the plaintiff prevails
Amend Bill, page 23, line 25, by striking out "PARTY" and
inserting
plaintiff
Amend Bill, page 25, line 14, by striking out "ENTITIES" and
inserting
persons
Amend Bill, page 25, line 19, by striking out "ENTITY" and
inserting
person
Amend Bill, page 25, line 20, by striking out "ENTITY" where
it occurs the first time and inserting
person
Amend Bill, page 25, line 20, by striking out "ENTITY" where
it occurs the second time and inserting
person
Amend Bill, page 25, line 23, by striking out "ENTITIES" and
inserting
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persons
Amend Bill, page 27, line 1, by inserting after
"NOTIFICATION.--A"
health care facility, health care facility system,
Amend Bill, page 30, line 6, by striking out "WHO" and
inserting
shall be liable for a civil penalty as provided in this
subsection if the person
Amend Bill, page 30, line 9, by striking out "WHO"
Amend Bill, page 30, lines 15 through 17, by striking out
"SHALL BE" in line 15, all of line 16 and "SUBSECTION" in line
17
Amend Bill, page 30, line 29, by inserting a comma after
"INFORMATION"
Amend Bill, page 30, line 30, by inserting after "LAW"
, in the enforcement of this chapter including
presentation before a court
Amend Bill, page 31, line 4, by inserting after
"CONFIDENTIAL"
except as provided in this section
Amend Bill, page 31, line 26, by striking out "AN INDIVIDUAL
OR ENTITY WHO" and inserting
A person that
Amend Bill, page 32, line 17, by striking out "AND OTHER
STATES" and inserting
, other states and state agencies
Amend Bill, page 32, line 21, by striking out "AND" where it
occurs the first time and inserting a comma
Amend Bill, page 32, line 21, by inserting after "STATES"
and state agencies
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Amend Bill, page 32, by inserting between lines 22 and 23
§ 913. Agency cooperation.
(a) General rule.--All Commonwealth agencies shall assist
the Attorney General in the enforcement of this chapter, if
requested, and shall promptly comply with any request for
documents, testimony or information.
(b) Attorney General.--The Attorney General shall provide
notice to:
(1) The Department of Health of any enforcement action
initiated under section 905 (relating to enforcement by
Attorney General ) as well as the resolution of any action
initiated under section 905 that involves a health care
facility or a health care facility system.
(2) The Insurance Department of any enforcement action
initiated under section 905 as well as the resolution of any
action initiated under section 905 that involves an insurer.
Amend Bill, page 32, line 23, by striking out "913" and
inserting
914
Amend Bill, page 32, line 27, by striking out "914" and
inserting
915
Amend Bill, page 32, lines 28 through 30; page 33, lines 1
through 3; by striking out all of said lines on said pages and
inserting
This chapter shall not apply to:
(1) a cooperative association or an employee-owned
enterprise, corporate or otherwise, of farmers, gardeners or
dairy producers, including livestock farmers and fruit
growers, nor to a contract, agreement or arrangement made by
the association or enterprise, nor to a bona fide labor
union; or
(2) the business of insurance to the extent that the
business:
(i) does not constitute a boycott, coercion or
intimidation or an agreement to boycott, coerce or
intimidate; and
(ii) does not relate to the business of health
insurance, including the business of dental insurance and
limited-scope dental benefits.
Amend Bill, page 33, line 4, by striking out "915" and
inserting
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916
Amend Bill, page 33, by inserting between lines 8 and 9
§ 917. Construction.
This chapter shall be construed in harmony with judicial
interpretations of comparable Federal antitrust statutes insofar
as practicable.
Amend Bill, page 33, line 9, by striking out "916" and
inserting
918
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