35 Pa.C.S. § 3301
Short title of chapter
This chapter shall be known and may be cited as the Health Care Cost Containment Act.
Pennsylvania Consolidated Statutes Title 35 — HEALTH AND SAFETY
Pennsylvania · statute · 35 Pa.C.S. · 356 active provisions
35 Pa.C.S. § 3302
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Ambulatory service facility." A facility licensed in this Commonwealth which is not part of a hospital and which provides medical, diagnostic or surgical treat…
35 Pa.C.S. § 3303
Health Care Cost Containment Council
(a) Establishment.--The Health Care Cost Containment Council is established as an independent council. (b) Composition.--The council shall consist of voting members, composed of and appointed in accordance with the following: (1) The Secretary of Health. (2) The Secretary of Human Services. (3) The Insurance Commission…
35 Pa.C.S. § 3304
Powers and duties of council
(a) General powers.--The council shall exercise all powers necessary and appropriate to carry out its duties, including the following: (1) To employ an executive director, investigators and other staff necessary to comply with the provisions of this chapter and regulations promulgated thereunder, to employ or retain le…
35 Pa.C.S. § 3305
Data submission and collection
(a) Submission of data.-- (1) The council is authorized to collect and data sources are required to submit, upon request of the council, all data required in this section, according to uniform submission formats, coding systems and other technical specifications necessary to render the incoming data substantially valid…
35 Pa.C.S. § 3306
Data dissemination and publication
(a) Public reports.--Subject to the restrictions on access to council data set forth in section 3308 (relating to Right-to-Know Law and access to council data) and utilizing the data collected under section 3305 (relating to data submission and collection), as well as other data, records and matters of record available…
35 Pa.C.S. § 3307
Mandated health benefits
In relation to current law or proposed legislation, the council shall, upon the request of the appropriate committee chairperson in the Senate and in the House of Representatives or upon the request of the Secretary of Health or the Secretary of Human Services, provide information on the proposed mandated health benefi…
35 Pa.C.S. § 3308
Right-to-Know Law and access to council data
(a) Public access.--The information and data received by the council shall be utilized by the council for the benefit of the public and public officials. Subject to the specific limitations set forth in this section and section 3101.1 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, the co…
35 Pa.C.S. § 3309
Special studies and reports
(a) Special studies.--A Commonwealth agency, the Senate or the House of Representatives may direct the council to publish or contract for publication of special studies, including, but not limited to, a special study on diseases and the cost of health care related to particular diseases in this Commonwealth. A special…
35 Pa.C.S. § 3310
Enforcement and penalty
(a) Compliance enforcement.--The council shall have standing to bring an action in law or in equity through private counsel in any court of common pleas to enforce compliance with any provision of this chapter, except section 3309 (relating to special studies and reports), or any requirement or appropriate request of t…
35 Pa.C.S. § 3311
Research and demonstration projects
The council shall actively encourage research and demonstrations to design and test improved methods of assessing provider quality, provider service effectiveness, efficiency and cost containment. If no data submission requirements in a mandated demonstration exceed the current reserve field on the Pennsylvania Uniform…
35 Pa.C.S. § 3312
Grievances and grievance procedures
(a) Procedures and requirements.--Pursuant to its powers to publish regulations under section 3304 (relating to powers and duties of council) and with the requirements of this section, the council may establish procedures and requirements for the filing, hearing and adjudication of grievances against the council of a d…
35 Pa.C.S. § 3313
Antitrust provisions
A person or entity required or permitted to submit data or information under this chapter or receiving data or information from the council in accordance with this chapter are declared to be acting pursuant to State requirements embodied in this chapter and shall be exempt from antitrust claims or actions grounded upon…
35 Pa.C.S. § 3314
Contracts with vendors
A contract with a vendor other than a sole source vendor for purchase of services or for purchase or lease of supplies and equipment related to the council's powers and duties shall be let only after a public bidding process and only in accordance with the following provisions: (1) The council shall prepare specificati…
35 Pa.C.S. § 3315
Reporting
The council shall provide an annual report of its financial expenditures to the Appropriations Committee and Health and Human Services Committee of the Senate and the Appropriations Committee, the Health Committee and the Human Services Committee of the House of Representatives.
35 Pa.C.S. § 3316
Severability
The provisions of this chapter are severable. If a provision of this chapter or the provision's application to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
35 Pa.C.S. § 3317
Expiration
This chapter shall expire 10 years after the effective date of this section.
35 Pa.C.S. § 5101
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "College." Any of the following: (1) A medical college. (2) A medical training facility, including a school of nursing and a school of optometry. (3) A dental s…
35 Pa.C.S. § 5102
Safe opioid prescription education
(a) Curriculum.--Beginning August 1, 2017, the licensing boards shall, by joint regulation, implement a safe prescription of a controlled substance containing an opioid curriculum. The curriculum may be offered in colleges or by providers approved by the licensing boards and shall include all of the following: (1) Curr…
35 Pa.C.S. § 5103
Temporary regulations
In order to facilitate the prompt implementation of this chapter, each licensing board may issue temporary regulations. The following shall apply: (1) The temporary regulations shall expire no later than two years after their issuance. (2) The temporary regulations issued by each licensing board shall not be subject to…
35 Pa.C.S. § 5201
Scope of chapter
This chapter relates to patient voluntary nonopioid directives.
35 Pa.C.S. § 5202
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Controlled substance." As defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. "Department.…
35 Pa.C.S. § 5203
Voluntary nonopioid directive
(a) Duty of department.-- (1) In consultation with a Statewide professional organization representing physicians licensed to practice medicine in all its branches, Statewide organizations representing nursing homes, registered professional nurses, emergency medical systems and a Statewide organization representing heal…
35 Pa.C.S. § 5204
Guidelines
(a) Adoption of guidelines.--The department shall adopt and publish guidelines for the implementation of the voluntary nonopioid directive form. The guidelines shall include, but not be limited to: (1) A standard form for the recording and transmission of the voluntary nonopioid directive form, which shall include veri…
35 Pa.C.S. § 5205
Exemption from liability
(a) Practitioner exemption.--No practitioner or employee of a practitioner acting in good faith shall be subject to criminal or civil liability or be considered to have engaged in unprofessional conduct for failing to offer or administer a prescription or medication order for a controlled substance containing an opioid…
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