York County Medicine Summer 2019 - 27

3. Informed Consent for Vaccinations
HB 286, introduced by Rep. Daryl Metcalfe, would prohibit:
* A health care practitioner or facility from refusing to treat a
child whose parent or guardian has chosen to delay or decline one
or more vaccines;
* A health care practitioner from requiring a patient or guardian
to sign a waiver as a condition for continuing to provide medical
care;
* A health care practitioner from accepting a financial incentive
from an insurance or pharmaceutical company for vaccinating
patients or for maintaining a certain rate of vaccinated patients
within his or her medical practice.
* An insurer from denying a health care practitioner's participation
in an insurance plan or decrease the practitioner's reimbursements
through fines or financial penalties due to low patient vaccination
rates or due to a practitioner's decision not to vaccinate a patient.
Violations under this bill for practitioners include a fine of
$1,000 for a first offense and licensure sanctions for a second or
subsequent offense.
HB 286 was referred to the House Health Committee on Jan.
30, 2019.
PAMED opposes this bill.
4. Credentialing
HB 533, introduced by Rep. Clint Owlett, would require health
insurers licensed to do business in the Commonwealth to accept the
Council for Affordable Quality Healthcare (CAQH) credentialing
application or other nationally recognized form designated by the
Pennsylvania Insurance Department as a credentialing application.
The bill would require health insurers to issue a credentialing
determination within 45 days after receiving a completed CAQH
credentialing application.
HB 533 provides the Insurance Department with the authority
to assess administrative penalties on health insurers for failure to
utilize CAQH (or other designated application), or for intentionally
and routinely failing to complete the credentialing process as
required.
While this bill would require a standardized credentialing
process, it would not guarantee the rights of a health care practitioner
to participate in any health insurer network in this Commonwealth
nor would it require a health insurer to accept any willing health
care provider to an insurance network.
HB 533 was referred to the House Health Committee on Feb.
19, 2019.
PAMED supports this bill.
5. Prohibiting Restrictive Covenants for Employees Who
Work for Public Charities
HB 597, introduced by Rep. Anthony DeLuca, would prohibit
restrictive covenants not to compete for employees who work for
purely public charities. Purely public charities must meet certain
requirements under The Institutions of Purely Public Charity Act
(Act 55-1997), including:

* Advancing a charitable purpose;
* Operating entirely free from a private profit motive;
* Donating or rendering gratuitously a substantial portion of its
services; and
* Benefiting a substantial and indefinite class of persons who are
legitimate subjects of charity.
Under HB 597, the criteria for operating entirely free from a
private profit motive would be revised to include a provision that
the institution does not enter into a restrictive covenant not to
compete or attempt to enforce such covenant.
A "restrictive covenant not to compete" is defined as, "An
agreement between an employer and an employee that is designed
to impede the ability of the employee to compete with the employer
when a separating event occurs." A separating event occurs when an
employee discontinues employment with a current employer and
moves to employment with a different employer in the same field.
HB 597 was referred to the House Finance Committee on
March 1, 2019.
PAMED supports this bill.
6. Non-Complete Clauses in Physician Contracts
HB 601, introduced by Rep. Anthony DeLuca, entitled the
"Health Care Practitioner Employment Act," would prohibit a
contract or agreement entered into after the effective date of this bill
"that creates or establishes the terms of an employment relationship
with a health care practitioner that includes a restriction of the right
of the health care practitioner to practice in a geographic area for a
period of time after the termination of the employment relationship
or prohibits a health care practitioner from treating a prior patient."
This bill would not render void or unenforceable the remaining
provisions of a contract or agreement, including a buyout clause
that requires a health care practitioner to reimburse an employer
for reasonable expenses incurred in recruiting the health care
practitioner and establishing the health care practitioner's patient
base. However, a buyout clause would be deemed void if it contains
a term fixing unreasonably large liquidated damages or the employer
terminates the employment relationship actually or constructively.
HB 601 was referred to the House Health Committee on March
1, 2019.
PAMED supports this bill.

Track Priority Health Care Legislation
If you are interested in following the progress of these bills and
other legislation that the Pennsylvania Medical Society (PAMED)
has designated as high priority, you can do so by linking to PAMED's
new Legislative Update webpage. You can read more about this new
feature here. https://www.pamedsoc.org/detail/article/legislativeupdate-bill-tracker
You can read Part 2 of this Bills on the Hill article, in which
we focus on telemedicine; any willing providers; tiered providers;
CRNPs; POLST; CRNAs; assault against a health care practitioner;
and optometrists, here. https://www.pamedsoc.org/detail/article/
bills-on-the-hill-March-28-2019
SUMMER 2019 | York County Medicine

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York County Medicine Summer 2019

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