Legislative Updates

October 1, 2021

Stay up to date on PAMED’s legislative priorities at www.pamedsoc.org/Advocacy.

RETURN TO HARRISBURG

The 3rd quarter is typically the ‘quietest’” time of the legislative year as there is a long break in session during the months of July and August, followed by a shortened September session scheduled post the Labor Day Holiday. Both chambers of the Pennsylvania General Assembly returned to Harrisburg to continue work in the 2021 Regular Session. The legislature is currently in year one of the two-year legislative session and will now have another condensed schedule as they have a short window before the upcoming election cycle taking place on Tuesday, November 2, 2021.

Despite the limited number of session days, the Pennsylvania Medical Society (PAMED) still saw a few priority issues get some attention and advance in the legislative process. Most notably, legislation to streamline the process through which physicians must navigate on behalf of their physician assistants (PAs) received final passage and was signed into law by the Governor. These were SB397-398 (Pittman – 41st Senate District) and were signed into law as Act 78 of 2021. The stakeholder process leading to the final passage of this legislation included the broader provider community across the Commonwealth and Hospital and Health System Association of Pennsylvania. Specifically, these bills significantly decrease the “start-up” time required to employ a PA by no longer requiring Medical or Osteopathic Board approval of PA agreements. However, the boards will be required each year to review 10% of agreements filed after the bill’s passage. The measure will also allow physicians to determine the degree of oversight they wish to employ over their PAs as it relates to medical chart reviews, though the legislation continues to require a 12-month 100% chart review for new PAs entering the workforce and for those who may be changing medical specialties. Neither bill expands a PA’s scope of practice, nor do they diminish a physician’s responsibility to appropriately supervise the care PAs are providing to patients.

While we often report on the legislation that is front and center and “moving” through the legislative process, PAMED’s advocacy goes beyond the bills that get voted. During much of the time leading up to the legislature’s return, PAMED’s advocacy team focused intensely on a proposed bill to allow expanded access to the Prescription Drug Monitoring Program (PDMP). Having conducted multiple district visits to meet legislators and having PAMED physician leaders directly engage, among other efforts, at this time we have yet to see this legislation advance through the legislative process.

Other bills that PAMED is following through the lawmaking process included: House Bill 245 (PAMED supports) – Legislation to modernize the process by which International Medical Graduates (IMGs) become licensed. (Passed out of Senate Consumer Protection & Prof. Licensure)

House Bill 1082 (PAMED supports) – An effort to establish an education program for providers on early diagnosis of dementia and incorporates information about the disease into existing public health outreach programs. (Passed out of Senate Aging and Youth; awaiting final consideration)

House Bill 1774 (PAMED supports) – This was necessary legislation to extend the sunset date for the Achieving Better Care by Monitoring All Prescriptions Program. (Signed into law by the Governor as Act 72 of 2021)

While the legislation listed above reflects PAMED’s legislative efforts and the efforts of engaged physicians, there are several bills that we continue to oppose and actively monitor. It is important for legislators to hear from their physician constituents on all these pieces of legislation to either thank them or explain why specific legislation is not in the best interest of patient care.

PAMED is closely monitoring and engaging in the following: Senate Bill 225 (PAMED supports) – This bill is a multi-session effort to reform prior authorization. Simply, this bill streamlines and standardizes the process of prior authorization of medical services in the Commonwealth. PAMED continues to engage with a broad provider coalition to advocate for the advancement of this legislation, after being introduced for the fourth consecutive legislative session. This bill has been voted favorably out of the Senate Banking and Insurance Committee and is awaiting further action by the full Senate.

House Bill 681 (PAMED supports) – Another long-discussed issue, restrictive covenants in physician employment contracts, this legislation aims to set parameters for when restrictive covenants are utilized and seeks to limit them in situations where they are deemed not appropriate. Having advanced overwhelming out the House Health Committee with bi-partisan agreement on pursing a “middle ground approach” this legislation is awaiting final approval from the full House.

PAMED encourages physicians to set aside time to reach out to their local legislators and begin to develop a personal relationship. For those who already know their representative or senator, it is a good time to simply touch base. The first lesson in effective advocacy is to avoid your first meeting with lawmakers to be the one where you are asking for help. Physicians interested in engaging in the issues above, or on any legislative proposal, are encouraged to reach out to PAMED’s Government Relations staff for assistance at 800-228-7823.