G ove r n men t Re lat ions
HB 601: Prohibiting Restrictive Covenants Not to Compete
in Health Care Provider Employment Contracts The Senate passed SB 432 unanimously in June and it is now
assigned to the House Health Committee.
According to Rep. Anthony DeLuca, the primary sponsor of HB
346, non-compete clauses in health care provider employment
contracts “effectively limit a practitioners’ ability to find a new
employer, switch employers, continue seeing patients and
practicing in their community.” Supporters for this legislation
believe that practitioners’ options are too limited, especially for
young practitioners who have little option but to accept
contracts’ restrictive terms. HB 994: School Screenings
HB 601 has nine cosponsors and is assigned to the House Health
Committee for first consideration. It has not received any
consideration to date.
HB 488: Dental Student Loan Forgiveness
Rep. Karen Boback (R-Luzerne) introduced HB 488, the Student
Loan Forgiveness for Dentists Act, which creates a stand-alone
loan repayment program for dentists. This program, administered
by the Department of Health (DOH), would increase loan
forgiveness up to $200,000 for a three-year, full-time commitment
in one of Pennsylvania’s designated health professional shortage
areas. If this law is enacted, general dentists and specialists who
practice in areas and settings approved by DOH are eligible
for student loan repayment. Currently, dentists enrolled in DOH’s
Primary Care Loan Repayment program are reimbursed up to
$100,000 for a two-year, full-time commitment. Student loan
forgiveness is one of PDA’s top legislative priorities this session.
At present, DOH officials determine how many slots are available
to dentists based on need and number of applicants. The number
of slots available increases or decreases based on how DOH
allocates its funding to all primary care practitioners, including
dentists. The facility in which the dentist is practicing must first be
approved before he or she can apply for loan repayment.
HB 488 was assigned to the House Education Committee in
February. It has not received any consideration to date.
SB 432: MCO Access to the PDMP
Sen. Kristin Phillips-Hill introduced SB 432, which would allow
managed care organizations (MCOs) access to the state’s
Prescription Drug Monitoring Program (PDMP) so that they can
monitor Medical Assistance patients’ prescription drug use for
potential abuse.
Proponents of SB 432 believe that those MCOs contracted with
the state to administer the Medical Assistance program will be
able to save taxpayers money by better identifying waste and
prescription drug abuse in the program. It might also save
taxpayers money by reducing the need for drug treatment and
rehabilitation.
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NOV E M B E R/DE CE M BER 2019 | P EN N S YLVA N IA D EN TA L J O UR NAL
Rep. Mindy Fee (R-Lancaster) introduced HB 994, legislation that
would give school districts more flexibility regarding the
requirements of Section 1403 in the Public School Code to
provide dental screenings and examinations to children entering
kindergarten, third and seventh grades.
In addition to schools continuing to contract with dentists to
provide examinations, HB 994 would allow them to employ
public health dental hygiene practitioners (PHDHPs) to conduct
screenings and refer children to dentists for follow-up care.
PDA worked with Rep. Fee and her staff to amend language in
her original bill by making the distinction that dentists only may
provide examinations to render diagnoses and to develop
treatment plans, as delineated in regulations from the State Board
of Dentistry. As per the scope of practice regulations for dental
hygienists with a PHDHP permit, they may provide screenings
and refer children to a dentist in the hopes that they become
established in a dental home for continuity of care.
HB 994 was assigned to the House Education Committee for
consideration. PDA, along with the PA Academy of General
Dentistry and PA Dental Hygienists’ Association, supports this
measure to improve children’s access to dental care.
SR 20: Study on Medical Malpractice Venue Shopping
Earlier this year, the Supreme Court of Pennsylvania Civil
Procedural Rules Committee published notice in the Pennsylvania
Bulletin that it intends to recommend to the Pennsylvania
Supreme Court an amendment to essentially allow “venue
shopping” in medical professional liability actions. In response,
Sen. Lisa Baker (R-) introduced SR 20, a resolution that objects to
implementation of this recommendation without first
conducting an extensive study to determine the effects of the
proposed amendment and, as a result, whether such changes are
warranted.
In her cosponsorship memo, Sen. Baker writes: “A major contributor
to Pennsylvania’s improved economic condition has been the
series of reforms enacted in the early 2000s to address the
medical malpractice crisis. After years of political confrontation
over powers and responsibilities, these reforms came about
through extensive negotiations between the three branches of
state government. Act 13 of 2002 created the Pennsylvania
Interbranch Commission on Venue (the “Interbranch Commission”),
which developed and recommended the crucial rule that helped
abate the crisis.