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Pennsylvania State Senate
09/20/2024 01:02 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20230&cosponId=38557
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: December 12, 2022 12:37 PM
From: Senator Michele Brooks
To: All Senate members
Subject: Prioritizing Patient Care in Pennsylvania
 
I will soon be re-introducing legislation to ensure access to patient care in Pennsylvania.  Senate Bill 1358 of the 2021-2022 legislative session was cosponsored by Senators J.Ward and Cappelletti.  We are working with stakeholders to consider revisions and additions to the legislation before its re-introduction this session. 

Non-compete clauses, also known as restricted covenants, imposed on physicians by hospital systems or private practice groups ultimately hurt patient care.  Also hurt by these policies are rural areas of Pennsylvania where access to basic health care is already in jeopardy and retaining, much less recruiting, physicians is nearly impossible.

First and foremost, my legislation will prioritize patient care.  Additionally, in addressing the recruitment tactics of larger health systems or private practices that can afford to recruit physicians, my legislation will require the following:
 
  1. Requires that if a health system or private practice dismisses a physician without cause, then their previously signed non-compete is invalidated and the physician cannot be blocked from their ability to continue practicing in that area.
  2. Requires that non-compete clauses shall only apply to the direct facility location where the physician practices, not in proximity to any location or satellite office within that health system or private practice.
  3. In either case of a physician leaving a health system or private practice, patients on the physician’s case load must be informed of their departure, their destination, and therefore given the choice to follow the physician or remain with the health system or private practice to receive their care.

This occurred in my legislative district, a part of rural Pennsylvania, where a specialty physician was no longer retained by the health system but was forced to relocate to an adjourning state despite wanting to remain in their community to practice.  The consequences of this forced undue hardship on her patients and her family and eliminated her services from the area.
 
Please join me in cosponsoring this important legislation to ensure that patients have access to the health care providers that they choose to deliver their care.



Introduced as SB521