PRIOR PASSAGE - NONE
PRINTER'S NO. 865
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
734
Session of
2019
INTRODUCED BY DERMODY, HILL-EVANS, SCHLOSSBERG, D. MILLER,
ULLMAN, SIMS, BARRAR, SAINATO, SNYDER, CALTAGIRONE, NEILSON,
MASSER, FREEMAN, A. DAVIS, DeLUCA, PASHINSKI, KINSEY, KORTZ,
READSHAW, DALEY, DEASY AND OTTEN, MARCH 12, 2019
REFERRED TO COMMITTEE ON INSURANCE, MARCH 12, 2019
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, providing for criteria for institutions of
purely public charity.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 2(b) of Article VIII be amended by adding a
clause to read:
ยง 2. Exemptions and special provisions.
* * *
(b) The General Assembly may, by law:
* * *
(vii) Establish uniform standards and qualifications for
institutions of purely public charity under clause (v) of
subsection (a). The following shall apply:
(1) Among other standards and qualifications the General
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Assembly may determine under this clause, for an institution
that meets the criteria in subclause (2) to be considered an
institution of purely public charity under clause (v) of
subsection (a), the institution must do the following:
(I) Provide access to all persons in the community able to
pay the cost thereof directly or through third-party
reimbursement.
(II) Accept as full payment for its services provided to
uninsured patients or to patients who are subscribers of a
medical or health care insurance company that does not have a
contract with the institution, the lesser of:
(A) the average of the payments the institution would
receive under its three lowest negotiated commercial insurance
rates for the services provided; or
(B) the payment the institution would receive under the
Medicare program for the services provided.
(2) The provisions of subclause (1) shall apply to an
institution that:
(I) provides health care services in this Commonwealth; and
(II) owns or otherwise is affiliated with, other than by
contract, an entity that provides medical or health care
insurance coverage in this Commonwealth.
* * *
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
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passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
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