LEG REG REVIEW Health Edition
2019, 1st Issue *** January 7, 2019

LEG REG REVIEW is a periodic newsletter produced by PHILLIPS ASSOCIATES, a professional lobbying and consultant firm located near the State Capitol. It contains news on Pennsylvania legislation and regulations impacting the Insurance and Business Communities. Subscriptions are $100 per year and further information may be obtained by contacting PHILLIPS ASSOCIATES at 717/728-1217 FAX 717/232-7005 or e-mail at xenobun@aol.com.

GENERAL ASSEMBLY BEGINS 2019-20 SESSION
The PA General Assembly convened January 1, 2019 per the constitutional requirement that the legislature convene on the first Tuesday of January. In addition to the swearing of 43 new Members of the House and seven new Senators, the House passed a number of operating rules designed to address issues that had arisen in previous sessions. Some of these changes include: putting the Ethics Committee in charge of sexual harassment claims; eliminating the practice of ‘ghost’ amendments which are introduced as a legislative tactic to slow consideration of a piece of legislation; expulsion rules relating to a House member convicted of a felony, etc. The vote was 142 to 58 with all Republicans and 32 Democrats voting ‘for’.

Another change is designed to increase the legislative branch’s oversight of the executive branch. The adopted House Rules created a Government Oversight Committee which has subpoena power to investigate State Government matters. The new committee will consist of five Representatives from the majority and four from the minority party with the Chair appointed by the Speaker. It will not have authority to conduct oversight over matters already within the authority of the Appropriations and Ethics Committees.

HOUSE NAMES COMMITTEE CHAIRS
On January 2, Speaker Turzai announced the lineup for committee majority chairs. Some of interest to the Insurance Community would be:

Rep. Tina Pickett (R-Bradford) continues as Insurance Committee Chair.
New Chair of the Aging & Older Adult Services Committee (long-term care issues) is Rep. Tom Murt (R-Montgomery), replacing Rep. Tim Hennessey (R-Chester) who was named Transportation Committee Chair.
The Labor & Industry Committee which handles Workers’ Compensation has a new Chair, Rep. Jim Cox (R-Berks/Lancaster), replacing Rep. Rob Kaufman (R-Franklin) who takes over the House Judiciary Committee.
Rep. Steve Barrar (R-Chester/Delaware) stays on as Chair of the House Veterans Affairs & Emergency Preparedness Committees.
Rep. Brian Ellis (R-Butler) chairs the Consumer Affairs Committee. He previously served as Commerce Committee Chair. That post has been assumed by Rep. Mark Keller (R-Perry) who was the previous Urban Affairs Committee Chair.
Continuing is Rep. Eugene DiGirolamo (R-Bucks), Chair, House Human Services Committee.
A major shift is controversial Rep. Daryl Metcalfe (R-Butler) from the State Government Committee to be the new Chair of the House Environmental Resources & Energy Committee. Taking over the State Government Committee Majority Chair is Rep. Garth Everett (R-Lycoming).

House Democrats have not yet announced who the Minority Chairs will be but it is expected that Rep. Tony DeLuca (D-Allegheny) will remain with the House Insurance Committee.

Insurance Committee Chair Tina Pickett said that among her priorities will be surprise billing legislation which she is again sponsoring, viability of rural hospitals and medical synchronization to allow pharmacies to coordinate prescription refills to help those having difficulty in going to drug stores and requiring insurers to pay for the partial prescriptions necessary to synchronize drug refill schedules.
DEMOCRATS SELECT DEPUTY & ASSISTANT WHIPS
New Democratic Whip Jordan Harris (D-Phila.) has named Rep. Ryan Bizzarro (D-Erie) Deputy Whip and Rep. Donna Bulloch (D-Phila.) as Assistant Whip for the 2019-20 legislative session.

POLITICS

On January 2, Speaker Turzai announced March 12 as the date of two special House elections to fill two vacancies. The vacancies were created by the death of Rep. Sid Kavulich (D-Lackawanna) and conviction/resignation of Rep. Vanessa Brown (D-Phila.). Candidates will be selected by their respective political parties.
Senator Eileen Williams (D-Allegheny) was sworn in as Senator after Republican concerns about whether she met constitutional residency requirements were muted.

HHS SEEKS HIPAA COMMENTS
The U.S. Department of Health & Human Services (HHS) is seeking public input on how the Health Insurance Portability and Accountability Act Privacy Rule can be “modified to further the Secretary’s goal of promoting coordinated, value-based health care.” According to HHS, concerns have been raised that the Privacy Rule may discourage or limit information sharing needed for coordinated care or to facilitate the transition to ‘value-based health care’. Specific areas being studied are parental involvement in care, addressing the opioid and serious mental illness crisis, and changing the current requirement for certain providers to make a good faith effort to obtain an acknowledgement of receipt of the Notice of Privacy Practices. Also included are disclosures of personal health information for treatment, payments, and care as required by the HITECH Act. Public comments must be submitted by February 11, 2019. (https://www.federalregister.gov/public-inspection/ )

REGULATORY UPDATES

The PA Health Care Cost Containment Council (PHC4) will meet in Harrisburg on January 10. Details: Renee Greenawalt 717-232-6787
Governor Wolf is nominating current Secretary of Aging Teresa Osborne to serve on the Civil Service Commission. This requires Senate confirmation.

CENTER FOR LONG-TERM CARE REFORM OFFERS FREE ALMANAC LOOK
On January 4, the Center for Long-Term Care Reform announced that it is offering a free look at the Almanac for Long-Term Care until January 18, 2019. The Almanac contains LTC and LTCi research and statistics. Details: http://www.centerltc.com/members/index.htm and use the following case-sensitive user name and password: UN: IntrotoZone / PW: FreeTrial; 206-283-7036

HOUSE TO HOLD HEARING ON TEXAS ACA DECISION
On January 3, new Majority Chair of the U.S. House Energy & Commerce Committee Rep. Frank Pallone (D-NJ) announced that an Affordable Care Act (ACA) hearing would take place later this month. This is a reaction to Federal District Judge Reed O’Connor’s decision that the ACA was unconstitutional because Congress voided the individual mandate penalty. The penalty was central to the U.S. Supreme Court ruling that ACA was constitutional. Justice O’Connor’s ruling does not mean that ACA would be suspended however, at least until review by the Appeals Court.

PA BEGINS BABY INVESTMENT PROGRAM
The State Treasurer is expanding the Keystone Scholars program which invests $100 for every baby born or adopted in PA in 2019 to be used for the baby’s future post high school education expenses. This year, the program should be available across the state. In 2018, it was only available in six demonstration project counties, Delaware, Elk, Indiana, Westmoreland, Mifflin, and Luzerne. In order to be eligible, a child must be registered by his or her first birthday. Details: www.PA529@patreasury.gov , 800-440-4000