Recent legislative activity by PA House Democrats

 April 4, 2009

House Democrats unveil Health PAct health-care plan

During a speech to the Pennsylvania Press Club this week, state House Majority Leader Todd A. Eachus, D-Luzerne, unveiled Health PAct, a package of bills that focuses on providing and enhancing access to basic care. Health PAct proposals include:

• H.B. 838, introduced by Rep. Mark Longietti, D-Mercer, would offer parents the option of extending their health insurance coverage to their uninsured children through age 29. The bill has already passed the House and is awaiting action in the Senate.
• H.B. 173, introduced by Eachus, would reauthorize the Pennsylvania Health Care Cost Containment Council, or PHC4. This legislation was passed by the House on Monday.
• H.B. 746, introduced by Rep. Tony DeLuca, D-Allegheny, would reform Small Group Health Insurance by prohibiting medical underwriting by any insurance company in the small group market. Pennsylvania is one of only two states in the country that has no limit on rating factors in the small group insurance market. House Bill 746 also would provide the Insurance Commissioner with the power to review and either approve or deny all rating filings from insurers of small businesses.
• H.B. 84, also introduced by DeLuca, would establish the "Preventable Serious Adverse Events Act." The bill would prohibit any health-care provider responsible for causing serious medical errors from seeking payment from a patient or health payer to cover the costs of those errors.
• H.B. 1089, introduced by Rep. Robert Matzie, D-Allegheny/Beaver, would provide increased coverage for Pennsylvanians by implementing the federal COBRA continuation of health insurance coverage rules for small group plans. 
• H.B. 1, to be introduced by Eachus, would expand access to basic care by building upon the existing adultBasic program. This proposal is similar to the PA ABC program introduced by Eachus last session.

"The leading cause of bankruptcy for American families is the cost of dealing with medical hardships with either inadequate health insurance coverage, or no coverage at all," Eachus said. "As unemployment climbs and businesses move away from employer-based coverage, the crisis of the uninsured is reaching epidemic proportions."

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PASSED THE HOUSE

House passes DeLuca bill aimed at decreasing medical errors in health-care facilities

State Rep. Tony DeLuca, D-Allegheny, said the House of Representatives has passed his legislation that would prohibit any health-care provider responsible for causing a serious medical error from seeking payment from a patient or insurance provider to cover the cost of that error or for any service needed to correct or treat a problem caused by the error. DeLuca's bill (H.B. 84), part of the House Democratic Caucus' Health PAct proposal, would define a serious medical error as a preventable serious adverse event that is avoidable but occurs because of an error or other system failure and that results in death, loss of a body part, disfigurement, disability or loss of bodily function for more than seven days.

"My bill is a consumer-oriented bill because it would protect hospital patients and insurance companies from having to pay health-care facilities for serious medical errors that could have been prevented," DeLuca said.

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House passes Johnson bill to better protect nursing home residents

The state House this week unanimously passed a bill sponsored by Rep. Kenyatta Johnson, D-Phila., to better inform and protect residents and prospective residents of nursing homes and assisted living facilities from potential conflicts of interest in their treatment. The measure (H.B. 309), which passed 193-0, would mandate that attending or primary care physicians at nursing or assisted living facilities must inform current or prospective residents, their family and legal guardian about any financial interest the physician has in the care facility. Currently, such disclosure is not required.

"My bill would provide a shield to fend off a doctor who may be tempted to put treatment of a patient in a nursing home or assisted living center secondary to any financial interest they may have in the facility," Johnson said. "The bottom line must be the welfare of the patient, not the welfare of a physician's financial investment."

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House passes Murphy proposal to protect seniors from financial exploitation

The state House has passed legislation sponsored by Rep. Kevin Murphy, D-Lackawanna, that would help guard against financial exploitation of older Pennsylvanians. Murphy's legislation (H.B. 288) would allow county agencies on aging to investigate cases in which a senior was financially exploited, including instances in which the alleged perpetrator held power of attorney for the senior. 

"An overwhelming majority of people with power of attorney act responsibly and honestly to help seniors who trust them for help," Murphy said. "But about one in 10 cases of substantiated reports of elder abuse in Pennsylvania involve financial exploitation. We must give local agencies the ability to investigate and fight those injustices when they do occur, and I am very pleased that my colleagues in the House supported this proposal."

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House passes Murphy proposal to help military service personnel

The state House this week passed legislation sponsored by Rep. Kevin Murphy, D-Lackawanna, that would give active-duty National Guard and U.S. military reservists preference for state job-training programs once they return home from service. Murphy's legislation (H.B. 339) would give Pennsylvania National Guard and U.S. military reservists and their eligible spouses preference for training programs under the state's Workforce Development Act for a year after their discharge from active-duty assignment.

"It seems common these days to hear stories about our service members who come home from active duty and struggle to find jobs, support their families and pay the bills," Murphy said. "I am pleased to see my colleagues in the House support my proposal that would simply help service personnel get back on their feet in the workplace more quickly when they come home."

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House passes Smith bill to protect patients at personal care facilities

The House of Representatives has passed legislation authored by state Rep. Ken Smith, D-Lackawanna, that would protect patients in assisted living and long-term care homes in Pennsylvania. Smith's legislation (H.B. 56) would require employees and administrators at assisted living and long-term care facilities to report any patient neglect cases within 48 hours to protective service agencies, such as the local Area Agency on Aging.

"My legislation would increase protection for residents of long-term care facilities against being harmed because workers would be forced to report cases of serious neglect," said Smith, who serves on the House Aging and Older Adult Services Committee.

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House passes Haluska bill to encourage, regulate prescribed burning

The state House of Representatives today passed legislation introduced by state Rep. Gary Haluska, D-Cambria, that would encourage the use of well-regulated, prescribed burning in Pennsylvania as a habitat and land-management tool. Haluska said the legislation (H.B. 262) would require the Bureau of State Forestry in the state Department of Conservation and Natural Resources to set regulatory standards regarding minimum qualifications for burn managers, the content of burn plans, a certification and revocation process for burn managers, requirements for the review and approval of burn plans, and a training program for prescribed burn managers. In cases where burn managers and burn plans were reviewed and met those standards, criminal and civil liability for people contracting for and performing prescribed burns would be limited.

"Prescribed burning has been used sparingly in Pennsylvania because of the liability issue," Haluska said. "The state and other groups have been hampered in their efforts to use prescribed burning for land management and habitat revitalization purposes because current state law exposes people planning and conducting controlled burns to severe criminal and civil liability."

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Youngblood proposal strengthening counterfeiting laws passes House

Legislation introduced by state Rep. Rosita Youngblood, D-Phila., that would strengthen existing law regarding counterfeit consumer goods and services recently passed the state House 192-0. The proposal (H.B. 727) would increase penalties for counterfeiting, particularly when counterfeit goods result in injury or death, and expand the definition of the crime. Some of the consumer products affected by the legislation would include prescription drugs and other medicines, medical equipment, electrical products, airline and auto parts, beauty products, clothing, candy bars and computer software.

"Companies across the state lose millions of dollars a year due to counterfeiting," Youngblood said. "My bill would protect public safety and maintain the integrity of the products on store shelves, and I am pleased my colleagues in the House recognize the importance of this issue."

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House passes McIlvaine Smith bill giving municipalities more control over land development, growth planning

The House of Representatives this week passed a bill introduced by state Rep. Barb McIlvaine Smith, D-Chester, that would give municipalities the power to more effectively plan and manage local development. The bill (H.B. 842) would amend the Pennsylvania Municipalities Planning Code to provide municipal officials throughout the state with a legal remedy in response to unfavorable court decisions against zoning ordinances.

"This is another tool in the tool box to help municipalities manage proposed development to serve the best interests of surrounding residents," McIlvaine Smith said. "We're going to have development, especially in fast-growing areas like Chester County, but I want to ensure the process is well thought out and conducted with absolute accountability to the public."

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COMMITTEE ACTION

House panel approves Matzie bill to extend COBRA coverage to employees of small businesses

The House Insurance Committee this week approved legislation (H.B. 1089) introduced by state Rep. Robert F. Matzie, D-Allegheny/Beaver, that would make COBRA health-insurance coverage available to Pennsylvania businesses with fewer than 20 employees. Matzie's bill, part of the House Democratic Caucus' Health PAct health-care plan, would also extend a 65 percent reduction in COBRA premiums authorized under the new federal stimulus law to workers laid off from small businesses for up to nine months.

"My legislation would make group-rated health insurance available to small employers and former employees of small businesses," Matzie said. "Small businesses are essential to Pennsylvania's economy and many are being hit hard by the current economic crisis. I am pleased that the House Insurance Committee recognized the importance of my bill and allowed it to advance."

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House panel approves Burns legislation to strengthen registration requirements for landscape architects

The House Professional Licensure Committee has unanimously approved legislation (H.B. 703) introduced by state Rep. Frank Burns that would strengthen registration requirements for landscape architects. Burns' bill would require all landscape architects seeking registration in Pennsylvania to undergo examination, regardless of their years of active experience, and expand the criteria for continuing education of licensees.  

"Landscape architects and the State Board of Engineers have requested the changes outlined in House Bill 703 because the current Landscape Architects' Registration Law is outdated," said Burns, D-Cambria/Somerset. "My bill would update registration practices and ensure that only the most qualified landscape architects receive a license to work in Pennsylvania."