PRINTER'S NO. 4404
No. 2856 Session of 2004
INTRODUCED BY MICOZZIE, GODSHALL, BAKER, BARRAR, BROWNE,
CAPPELLI, CRAHALLA, CURRY, DeWEESE, FAIRCHILD, FLEAGLE,
HARHAI, LAUGHLIN, McILHINNEY, S. MILLER, SOLOBAY, TRUE,
WATSON, YUDICHAK, DeLUCA, GEORGE, LEH, MANN, PICKETT,
GILLESPIE, HARPER, KILLION AND STEIL, SEPTEMBER 28, 2004
REFERRED TO COMMITTEE ON INSURANCE, SEPTEMBER 28, 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," including podiatrists to
4 the health care providers retention program; and making a
5 related repeal.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1301-A of the act of June 13, 1967
9 (P.L.31, No.21), known as the Public Welfare Code, added
10 December 23, 2003 (P.L.237, No.44), is amended to read:
11 Section 1301-A. Definitions.
12 The following words and phrases when used in this article
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Account." The Health Care Provider Retention Account
16 established in section 443.7.
17 "Applicant." A health care provider who resides in or
18 practices in this Commonwealth and who applies for an abatement
1 under section 1304-A[.] or section 1305.1-A.
2 "Assessment." The assessment imposed under section 712(d) of
3 the act of March 20, 2002 (P.L.154, No.13), known as the Medical
4 Care Availability and Reduction of Error (Mcare) Act.
5 "Emergency physician." A physician who is certified by the
6 American Board of Emergency Medicine and who is either employed
7 full time by a trauma center or is working under an exclusive
8 contract with a trauma center.
9 "Health care provider." An individual who is all of the
10 following:
11 (1) A physician, licensed podiatrist or certified nurse
12 midwife.
13 (2) A participating health care provider as defined in
14 section 702 of the act of March 20, 2002 (P.L.154, No.13),
15 known as the Medical Care Availability and Reduction of Error
16 (Mcare) Act.
17 "Mcare Act." The act of March 20, 2002 (P.L.154, No.13),
18 known as the Medical Care Availability and Reduction of Error
19 (Mcare) Act.
20 "Program." The Health Care Provider Retention Program
21 established in section 1302-A.
22 "Trauma center." A hospital accredited by the Pennsylvania
23 Trauma Systems Foundation as a Level I or Level II Trauma
24 Center.
25 Section 2. The act is amended by adding a section to read:
26 Section 1305.1.-A. Podiatrist Assessment Abatement.
27 (a) Application.--A health care provider who is a licensed
28 podiatrist may apply to the Insurance Department for an
29 assessment abatement for calendar years 2003 and 2004. The
30 application must be submitted by February 15, 2005, and be on a
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1 form required by the Insurance Department. In addition to a
2 completed application, an applicant shall submit all of the
3 supporting information required under section 1304-A.
4 (b) Review.--Upon receipt of a completed application, the
5 Insurance Department shall review the submitted information. If
6 the applicant self-certifies as eligible under section 1303-A,
7 the Insurance Department shall notify the department which shall
8 grant a partial assessment abatement of 50% of the amount of the
9 assessment imposed on the applicant in calendar years 2003 and
10 2004, minus the assessment discount provided to the applicant
11 under section 712(e)(2) of the Mcare Act for those years.
12 (c) Other provisions.--All other provisions of this article
13 shall apply to abatement provided to licensed podiatrists as set
14 forth under this section.
15 Section 3. Section 712(e)(2) of the act of March 20, 2002
16 (P.L.154, No.13), known as the Medical Care Availability and
17 Reduction of Error (Mcare) Act, is repealed insofar as it
18 relates to licensed podiatrists.
19 Section 4. This act shall take effect immediately.
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