H2344B3177A05080 MAB:AAS 06/24/24 #90 A05080
AMENDMENTS TO HOUSE BILL NO. 2344
Sponsor: REPRESENTATIVE BOROWSKI
Printer's No. 3177
Amend Bill, page 2, lines 9 through 22, by striking out "If
the effect of an action" in line 9 and all of lines 10 through
22 and inserting
A determination that an action is against the welfare or
well-being of the general public of this Commonwealth.
Amend Bill, page 3, lines 19 through 22, by striking out "
One or more health care facilities that are" in line 19 and all
of lines 20 through 22 and inserting
As defined in section 809.2.
Amend Bill, page 10, line 8, by striking out "against the
public interest." and inserting
likely to create a material change that is against the
public interest, after reviewing and evaluating the following:
(1) t he market share of a transacting party or the
change in market concentration or competition resulting from
the transaction;
(2) t he prices charged, or any likely changes in prices
following the transaction, by either of the transacting
parties to individuals, employers or insurers for services,
including relative prices compared to other providers for the
same services in the same geographic area;
(3) t he quality of the services provided, or any likely
changes in the quality of services provided following the
transaction, by a health care provider party to the
transaction, including, but not limited to, patient
experience, performance on provider quality measures and
outcome measures, history of citations, inspection results
and enforcement actions taken by oversight entities;
(4) th e availability and accessibility of services or
any changes to the availability and accessibility of services
provided by either transacting party within its primary
service areas and dispersed service areas;
(5) t he impact of the material change transaction on
2024/90MAB/HB2344A05080 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
competing options for the delivery of health care services
within its primary service areas and dispersed service areas,
including, if applicable, the impact on existing service
providers of a large provider's expansion, corporate
affiliation, merger or acquisition, to enter a primary or
dispersed service area in which it did not previously
operate;
(6) t he role of the transacting parties in serving
vulnerable, underserved, government payer patient populations
or low-income patient populations, rural communities, racial
and ethnic minorities, individuals with behavioral, substance
use disorder or mental health conditions and individuals with
other disabilities within the provider's primary service
areas and dispersed service areas and any likely impact to
these populations;
(7) t he role of the transacting parties in providing low
margin or negative margin services within its primary service
areas and dispersed service areas and any likely impact to
these services ;
(8) c onsumer concerns, including, but not limited to,
complaints or other allegations that a large provider or
proposed owner has engaged in any unfair method of
competition or any unfair or deceptive act or practice as
defined in the act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection
Law , and any likely increase in unfair methods of competition
or unfair or deceptive acts or practices in or affecting
health care commerce;
(9) t he methods used by either transacting party to
attract and retain patient volume, recruit, hire or retain
health care practitioners or acquire health care facilities;
(10) t he impact on wages paid by, or the number of
employees employed by, a health care entity involved in a
transaction;
(11) t he impact on wages, collective bargaining units
and collective bargaining agreements of existing or future
workers employed by a health care entity involved in a
transaction;
(12) e ither transacting party's prior history or
relevant outcomes related to any of the factors under
paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10)
and (11), including provider closure, reduction in workforce
or change in price, quality or availability of care following
a prior material change, in addition to any violations of
relevant Federal law or regulations pertaining to healthcare,
competition, workforce or labor; and
(13) any other factors that the Attorney General
determines to be in the public interest.
Amend Bill, page 10, line 24, by striking out "(2)" and
2024/90MAB/HB2344A05080 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
inserting
(1)
Amend Bill, page 12, lines 10 through 14, by striking out
"The Department of Aging, the " in line 10 and all of lines 11
through 14 and inserting
(1) The Department of Aging, the department, the
Department of Human Services and the Insurance Department
shall assist the Attorney General in reviewing the proposed
agreement and transaction, if requested, and shall promptly
comply with any request for testimony or information.
(2) T he Attorney General shall comply with any request
for information from the Insurance Department as may be
necessary and appropriate for the Insurance Department to
concurrently review a proposed transaction under Article XIV
of the act of May 17, 1921 (P.L.682, No.284), known as The
Insurance Company Law of 1921. Documents provided by the
Attorney General to the Insurance Department under this
paragraph shall be treated as confidential and are exempt
from public access under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
Amend Bill, page 12, line 24, by striking out the period
after "transaction" and inserting
, including the Insurance Department's jurisdiction to
review an exposed transaction under Article XIV of the act of
May 17, 1921 (P.L.682, No.284), known as The Insurance
Company Law of 1921.
2024/90MAB/HB2344A05080 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26