The proposed bill amends Title 40 of the Pennsylvania Consolidated Statutes by adding a new chapter, Chapter 46, which focuses on nondiscrimination by health care payers in health care benefit plans. This chapter outlines definitions relevant to the legislation, including terms such as "ambulatory surgical facility," "health care benefit plan," and "out-of-network facility." It establishes that health care payers are prohibited from discriminating against facilities willing to provide services under certain conditions, such as accepting the highest in-network rate or participating in baseball-style arbitration. The bill also sets forth criteria for arbitrators to consider when determining payment amounts and prohibits retaliation against in-network physicians who own out-of-network facilities.
Additionally, the bill clarifies its applicability, stating that it applies to health care benefit plans that compensate facilities on a non-risk basis, while excluding those that operate on a capitated basis. It emphasizes that health care payers can negotiate higher rates than their standard payment levels. The legislation aims to ensure fair treatment of out-of-network facilities and protect the rights of physicians involved in these arrangements. The act is set to take effect 60 days after its passage.