PRINTER'S NO. 2984
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 19880H2250B2984 - 2 -
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. L30L63JLW/19880H2250B2984 - 3 -