PRINTER'S NO. 3190

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2643

Session of

2022

INTRODUCED BY SIMS, RABB, CEPHAS, INNAMORATO, MADDEN AND DALEY,

JUNE 6, 2022

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 6, 2022

during such injury shall not reduce any usual sick leave

period," further providing for the payment of the salary,

medical and hospital expenses of certain employees of State

and local government who are injured or contract certain

diseases in the performance of their duty; and providing for

affirmation and for definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1(a)(12) of the act of June 28, 1935

(P.L.477, No.193), referred to as the Enforcement Officer

Commission;

who is injured in the performance of his duties including, in

the case of firemen, duty as special fire police, and by reason

thereof is temporarily incapacitated from performing his duties,

shall be paid by the Commonwealth of Pennsylvania if an employe

identified under paragraph (1), (2), (3), (4), (5), (6), (7),

(8) or (12) or by the Delaware River Port Authority if a member

of the Delaware River Port Authority Police or by the county,

township or municipality, by which he is employed, his full rate

of salary, as fixed by ordinance or resolution, until the

disability arising therefrom has ceased. All medical and

temporary incapacity shall be paid by the Commonwealth of

Pennsylvania or by the Delaware River Port Authority or by the

county, city, borough, town or township, any workmen's

compensation, received or collected by any such employe for such

period, shall be turned over to the Commonwealth of Pennsylvania

or to the Delaware River Port Authority or to such county, city,

borough, town or township, and paid into the treasury thereof,

and if such payment shall not be so made by the employe the

amount so due the Commonwealth of Pennsylvania, the Delaware

River Port Authority or the county, city, borough, town or

prohibited from engaging in secondary employment outside of

their employment with the employer while receiving benefits

designated under this act. If an employe violates this section,

they may be subject to termination or the employer may cease

benefits.

(f) (1) Employers shall provide payment for reasonable

surgical and medical services, services rendered by physicians

or other health care providers, including an additional opinion

when invasive surgery may be necessary, medicines and supplies,

as and when needed. Provided, that an employer establishes a

physicians or other health care providers so designated and

shall continue to visit the same or another designated physician

or health care provider for a period of ninety days from the

date of the first visit. The compiled list shall contain each

provider's name, address, telephone number and any specialties.

(2) The employer shall not include on the list a physician

or other health care provider who is employed, owned or

controlled by the employer unless employment, ownership or

control is disclosed on the list. Should invasive surgery for an

employe be prescribed by a physician or other health care

care provider so designated by the employer, the employe shall

determine which course of treatment to follow: Provided, that

the second opinion provides a specific and detailed course of

treatment. If the employe chooses to follow the procedures

designated in the second opinion, such procedures shall be

performed by one of the physicians or other health care

providers so designated by the employer for a period of ninety

days from the date of the visit to the physician or other health

care provider of the employe's own choice. Should the employe

not comply with the foregoing, the employer will be relieved

understands these rights and duties. This duty shall be

evidenced only by the employe's written acknowledgment of having

been informed and having understood the employe's rights and

duties. Any failure of the employer to provide and evidence such

notification shall relieve the employe from any notification

duty owed, notwithstanding any provision of this act to the

contrary, and the employer shall remain liable for all rendered

treatment.

(4) Subsequent treatment may be provided by any health care

provider of the employe's own choice. Any employe who, next

the employer from liability for the payment for the services

rendered prior to appropriate notice if such services are

determined unreasonable or unnecessary.

(5) Any provider who treats an injured employe shall be

required to file periodic reports with the employer on a form

prescribed by the employer which shall include, where pertinent,

history, diagnosis, treatment, prognosis and physical findings.

The report shall be filed within ten days of commencing

treatment and at least once a month thereafter as long as

treatment continues. The employer shall not be liable to pay for

[Section 2.1. For the purposes of this act, the term

"fireman" shall mean and include the following:

(1) Paid firemen not employed by the Commonwealth.

(2) Emergency medical services personnel employed within a

city fire department.

(3) Firemen of airport authorities, including fire

suppression instructors.

(4) Fire and safety marshals who are firemen employed by the

Commonwealth.

(5) Fire academy instructors employed at the State Fire

act shall be required to file an affirmation on a quarterly

basis with the employer affirming that they are unable to work

and to ensure compliance with this act. An employe must affirm

in the quarterly affirmation that the employe is not receiving

income from secondary employment or other employment beyond the

employe's employer under this act while receiving benefits under

this act.

(b) The process and forms for quarterly affirmations shall

be provided by the employer.

(c) Quarterly affirmations may require the employe to submit

any pertinent medical documentation or information provided by a

physician or health care provider.

false information on a quarterly affirmation may result in

termination or the loss of benefits provided under this act.

(f) If an employe is physically unable, due to a medical

condition, to file a quarterly affirmation, the employer shall

waive this requirement or make alternative arrangements with the

employe to fulfill this requirement.

(g) Annual reports must be compiled by each employer subject

to this act and posted on their publicly accessible Internet

website by December 31 of each year. Each report must contain

the expenses paid by the employer on benefits under this act,

establish a five-year reoccurring cycle where the Auditor

General audits the benefits and procedures provided under this

act for each employer subject to the requirements of this act.

(i) At the end of the five-year cycle or when all employers

have been audited, the Auditor General shall submit a report to

the Governor and the General Assembly. The report shall be

published on the Auditor General's publicly accessible Internet

website.

Section 2.3. The following words and phrases when used in

this act shall have the meanings given to them in this section

unless the context clearly indicates otherwise:

"Employer." Any agency, department, office, board,

commission, political subdivision, port authority or other

entity of the Commonwealth, and any recipient of State funds

that is subject to section 1(a).

"Fireman." Includes:

Commonwealth.

(5) Fire academy instructors employed at the State Fire

Academy.

(6) Assistant fire marshals employed by the Commonwealth.

(7) Forest patrolmen and forest technicians employed by the

Commonwealth.

"Health care provider." An individual licensed under the act

of December 20, 1985 (P.L.457, No.112), known as the "Medical

Practice Act of 1985."

"Physician." As defined in the "Medical Practice Act of

1985."

Section 4. This act shall take effect in 60 days.