PRIOR PRINTER'S NO. 374 PRINTER'S NO. 1408
No. 353 Session of 2005
INTRODUCED BY DALLY, BAKER, BASTIAN, BELARDI, BOYD, BUNT,
CALTAGIRONE, CAPPELLI, CAWLEY, CREIGHTON, DeWEESE, GEORGE,
GILLESPIE, GOODMAN, GRUCELA, HARRIS, HERMAN, HUTCHINSON,
MANN, R. MILLER, O'NEILL, PETRARCA, PISTELLA, REICHLEY,
SCAVELLO, SOLOBAY, THOMAS, TIGUE, WOJNAROSKI, YOUNGBLOOD,
PICKETT, BELFANTI AND SAYLOR, FEBRUARY 8, 2005
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 29, 2005
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further defining "occupational
8 disease"; and further providing for the schedule of <--
9 compensation. DISEASE." <--
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 108(m.1) of the act of June 2, 1915
13 (P.L.736, No.338), known as the Workers' Compensation Act,
14 reenacted and amended June 21, 1939 (P.L.520, No.281) and added
15 December 20, 2001 (P.L.967, No.115), is amended to read:
16 Section 108. The term "occupational disease," as used in
17 this act, shall mean only the following diseases.
18 * * *
19 (m.1) Hepatitis C in the occupations of professional and
1 volunteer firefighters, volunteer ambulance corps personnel,
2 volunteer rescue and lifesaving squad personnel, emergency
3 medical services personnel and paramedics, Pennsylvania State
4 Police officers, Capitol Police employed by the Department of
5 General Services, Bureau of Narcotics Investigators employed by
6 the Office of Attorney General, Liquor Control Enforcement
7 Officers employed by the Pennsylvania State Police, sheriffs and
8 deputy sheriffs, police officers requiring certification under
9 53 Pa.C.S. Ch. 21 (relating to employees), and Commonwealth and
10 county correctional employes, and forensic security employes of
11 the Department of Public Welfare, having duties including care,
12 custody and control of inmates involving exposure to such
13 disease. Hepatitis C in any of these occupations shall establish
14 a presumption that such disease is an occupational disease
15 within the meaning of this act, but this presumption shall not
16 be conclusive and may be rebutted. This presumption shall be
17 rebutted if the employer has established an employment screening
18 program, in accordance with guidelines established by the
19 department in coordination with the Department of Health and the
20 Pennsylvania Emergency Management Agency and published in the
21 Pennsylvania Bulletin, and testing pursuant to that program
22 establishes that the employe incurred the Hepatitis C virus
23 prior to any job-related exposure.
24 * * *
25 Section 2. Section 306(f.1)(6) of the act, amended June 24, <--
26 1996 (P.L.350, No.57), is amended to read:
27 Section 306. The following schedule of compensation is
28 hereby established:
29 (f.1) * * *
30 (6) Except in those cases in which a workers' compensation
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1 judge asks for an opinion from peer review under section 420,
2 disputes as to reasonableness or necessity of treatment by a
3 health care provider shall be resolved in accordance with the
4 following provisions:
5 (i) The reasonableness or necessity of all treatment
6 provided by a health care provider under this act may be subject
7 to prospective, concurrent or retrospective utilization review
8 at the request of an employe, employer or insurer. The
9 department shall authorize utilization review organizations to
10 perform utilization review under this act. Utilization review of
11 all treatment rendered by a health care provider shall be
12 performed by a provider licensed in the same profession and
13 having the same or similar specialty as that of the provider of
14 the treatment under review. Organizations not authorized by the
15 department may not engage in such utilization review.
16 (ii) The utilization review organization shall issue a
17 written report of its findings and conclusions within thirty
18 (30) days of a request.
19 (iii) The employer or the insurer shall pay the cost of the
20 utilization review.
21 (iv) If the provider, employer, employe or insurer disagrees
22 with the finding of the utilization review organization, a
23 petition for review by the department must be filed within
24 thirty (30) days after receipt of the report. The department
25 shall assign the petition to a workers' compensation judge for a
26 hearing or for an informal conference under section 402.1. The
27 utilization review report and the medical records of the
28 provider whose treatment is under review shall be part of the
29 record before the workers' compensation judge. The workers'
30 compensation judge shall consider the utilization review report
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1 and the medical records of the provider whose treatment is under
2 review as evidence but shall not be bound by the report or the
3 medical records of the provider whose treatment is under review.
4 * * *
5 Section 3 2. This act shall take effect in 60 days. <--
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