PRINTER'S NO. 1906
No. 1549 Session of 2005
INTRODUCED BY TURZAI, REED, HUTCHINSON, ELLIS, BOYD, PICKETT,
ARMSTRONG AND SAYLOR, MAY 9, 2005
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 9, 2005
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further providing for the Workers'
8 Compensation Advisory Council.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 447(b) of the act of June 2, 1915
12 (P.L.736, No.338), known as the Workers' Compensation Act,
13 reenacted and amended June 21, 1939 (P.L.520, No.281) and
14 amended July 2, 1993 (P.L.190, No.44) and June 24, 1996
15 (P.L.350, No.57), is amended to read:
16 Section 447. * * *
17 (b) (1) The council may hold hearings, receive testimony,
18 solicit and receive comments from interested parties and the
19 general public and shall have full access to information
20 relating to the administration of this act by the Department of
1 Labor and Industry. The council shall not have access to
2 confidential medical information pertaining to individual
3 claimants, but may develop statistical studies and surveys
4 concerning aspects of incidence of injuries, claims management,
5 litigation and adherence to the provisions of this act and the
6 Occupational Disease Act.
7 (2) The council shall review annually any requests for
8 funding by the department and any assessments against employers
9 or insurers related thereto and provide a report to the
10 Governor, the secretary and the General Assembly regarding the
11 appropriateness of such requests.
12 (3) The council shall review proposed legislation and
13 regulations pertaining to this act and provide comment at least
14 quarterly to the Governor, the secretary and the General
15 Assembly on the effects of such proposals.
16 (4) The council shall provide to the Governor, the secretary
17 and the General Assembly, on an annual basis, a report on the
18 activities of the council, making recommendations concerning
19 needed improvements in the workers' compensation system and the
20 administration of the system. The report under this paragraph
21 shall be made during the General Assembly's consideration of the
22 General Appropriations Act for the succeeding fiscal year. The
23 report shall be due no later than May 1.
24 (5) The council shall make recommendations to the secretary
25 regarding quality and cost-effective health care.
26 (6) The council shall review the annual accessibility study
27 required by section 306(f.1)(3)(iv) and shall make
28 recommendations to the secretary regarding the need for new
29 allowances for health care providers.
30 (7) The council shall make recommendations to the secretary
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1 regarding the certification of coordinated care organizations
2 and the approval of utilization review organizations and persons
3 qualified to perform peer review.
4 (8) The council shall consult with health care providers and
5 professional associations representing health care providers
6 with regard to its recommendations under paragraphs (5), (6) and
7 (7).
8 (9) The council shall make recommendations to the General
9 Assembly on the possible elimination of the board in favor of
10 original jurisdiction in Commonwealth Court.
11 * * *
12 Section 2. This act shall take effect immediately.
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