PRINTER'S NO. 2984

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2250 Session of 1988


        INTRODUCED BY KUKOVICH, JACKSON, DAWIDA, VAN HORNE, KOSINSKI,
           E. Z. TAYLOR, STABACK, MRKONIC, DeLUCA, JOSEPHS, LEVDANSKY,
           MELIO, HOWLETT, BELARDI, McHALE, PISTELLA, TIGUE, KASUNIC,
           MICHLOVIC, HARPER, R. C. WRIGHT, ACOSTA, FREEMAN, PRESSMANN,
           J. TAYLOR, RITTER, HUGHES, HAYDEN, RYBAK, YANDRISEVITS,
           KENNEY, D. W. SNYDER, MAIALE, PIEVSKY, RUDY AND WESTON,
           MARCH 16, 1988

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 16, 1988

                                     AN ACT

     1  Amending the act of December 20, 1985 (P.L.457, No.112),
     2     entitled "An act relating to the right to practice medicine
     3     and surgery and the right to practice medically related acts;
     4     reestablishing the State Board of Medical Education and
     5     Licensure as the State Board of Medicine and providing for
     6     its composition, powers and duties; providing for the
     7     issuance of licenses and certificates and the suspension and
     8     revocation of licenses and certificates; providing penalties;
     9     and making repeals," further providing for the issuance of
    10     licenses and certificates and for the suspension and
    11     revocation of licenses and certificates; and establishing the
    12     medicare overcharge measure.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 41 of the act of December 20, 1985
    16  (P.L.457, No.112), known as the Medical Practice Act of 1985, is
    17  amended by adding a paragraph to read:
    18  Section 41.  Reasons for refusal, revocation, suspension or
    19                 other corrective actions against a licensee or
    20                 certificate holder.


     1     The board shall have authority to impose disciplinary or
     2  corrective measures on a board-regulated practitioner for any or
     3  all of the following reasons:
     4         * * *
     5         (12)  Charging or collecting from a beneficiary of health
     6     insurance under Title XVIII of the Social Security Act
     7     (Public Law 74-271, 42 U.S.C. § 301 et seq.) any amount in
     8     excess of the reasonable charge for the service provided as
     9     determined by the United States Secretary of Health and Human
    10     Services.
    11     Section 2.  The act is amended by adding a section to read:
    12  Section 52.1.  Medicare overcharge measure.
    13     (a)  Legislative finding.--The General Assembly finds that
    14  there exists in this Commonwealth a major crisis because of the
    15  continuing escalation of costs for health care services. Because
    16  of the continuing escalation of costs, an increasingly large
    17  number of Pennsylvania citizens have severely limited access to
    18  appropriate and timely health care. Senior citizens and the
    19  disabled are especially hard-hit by the continuing escalation of
    20  costs for health care services. Increasing costs are also
    21  undermining the quality of health care services currently being
    22  provided. Further, the continuing escalation is negatively
    23  affecting the economy of this Commonwealth and is restricting
    24  new economic growth and impeding the creation of new job
    25  opportunities in this Commonwealth.
    26     (b)  Declaration of policy.--The General Assembly finds that
    27  every person in this Commonwealth should receive timely and
    28  appropriate health care services from any provider operating in
    29  this Commonwealth; and that, as a continuing condition of
    30  licensure, each provider should offer and provide medically
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     1  necessary health care services to every person in this
     2  Commonwealth and should not charge or collect from a beneficiary
     3  of health insurance under Title XVIII of the Social Security Act
     4  (Public Law 74-271, 42 U.S.C. § 301 et seq.), known as the
     5  Medicare program, any amount in excess of the reasonable charge
     6  for the service provided as determined by the United States
     7  Secretary of Health and Human Services.
     8     Section 2.  This act shall take effect in 60 days.















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