Pennsylvania HB 2115: An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in ethics standards and financial disclosure, further providing for definitions, for restricted activities, for statement of financial interests, for State Ethics Commission, for powers and duties of commission, for investigations by commission and for supplemental provisions.

Bill Text

PRINTER'S NO. 2754
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2115
Session of
2026
INTRODUCED BY WEBSTER, HILL-EVANS, WAXMAN, HOWARD, PROBST,
VENKAT, OTTEN, D. WILLIAMS, SHUSTERMAN AND CEPEDA-FREYTIZ,
JANUARY 6, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 12, 2026
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for health care antitrust;
and imposing civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 9
HEALTH CARE ANTITRUST
Sec.
901. Legislative intent.
902. Definitions.
903. Premerger notification regarding health care.
904. Enforcement by Office of Attorney General.
905. Measurement of damages.
906. Agency cooperation.
907. Action not barred as affecting or involving interstate or
foreign commerce.
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908. Construction.
909. Remedies cumulative.
§ 901. Legislative intent.
The following shall apply:
(1) It is the intent of the General Assembly to ensure
that competition beneficial to consumers in health care
markets across this Commonwealth remains vigorous and robust.
(2) The General Assembly intends to provide the Office
of Attorney General with notice of all material health care
transactions in this Commonwealth so that the Office of
Attorney General has the information necessary to determine
whether an investigation under this chapter is warranted for
potential anticompetitive conduct and consumer harm.
(3) This chapter is intended to supplement the Hart-
Scott-Rodino Act by requiring notice of health care
transactions not reportable under the reporting thresholds of
the Hart-Scott-Rodino Act and by providing the Office of
Attorney General with a copy of filings made in accordance
with the Hart-Scott-Rodino Act.
§ 902. 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:
"Acquisition." An agreement, arrangement or activity, the
consummation of which results in a person acquiring, directly or
indirectly, the control of another person or the ability to
influence the competitive conduct of the target person, and
includes the acquisition of voting securities and noncorporate
interests, such as assets, capital stock, membership interests
or equity interests.
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"Contracting affiliation." The formation of a relationship
between two or more persons that permits the persons to
negotiate jointly with insurers or third-party administrators
over rates for professional medical services or for one person
to negotiate on behalf of the other person with insurers or
third-party administrators over rates for professional medical
services.
"Hart-Scott-Rodino Act." Title II of the Clayton Antitrust
Act (Public Law 63-212, 15 U.S.C. § 18a).
"Health care facility." As defined in section 802.1 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health care facility system." Either of the following:
(1) a parent corporation of one or more health care
facilities and a person affiliated with the parent
corporation through ownership or control; or
(2) a health care facility and a person affiliated with
the health care facility through direct or indirect
ownership, including a private equity fund.
"Health care practitioner." As defined in section 103 of the
Health Care Facilities Act.
"Health care services." Medical, surgical, chiropractic,
hospital, optometric, dental treatment, podiatric,
pharmaceutical, ambulance, mental health, substance use
disorder, therapeutic, preventative, diagnostic, curative,
rehabilitative, palliative, custodial and other services
relating to the prevention, cure or treatment of illness, injury
or disease.
"Health care services revenue." The total revenue received
for health care services in the previous 12 months.
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"Insurer." As defined in 40 Pa.C.S. § 9103 (relating to
definitions).
"Material change." As follows:
(1) A merger, acquisition or contracting affiliation
between two or more persons of the following types:
(i) Health care facilities.
(ii) Health care facility systems.
(iii) Provider organizations.
(2) The term includes:
(i) A proposed change that is a health care
transaction that results in a merger, acquisition or
contracting affiliation between a Pennsylvania person and
an out-of-State person where the out-of-State person
generates at least $10,000,000 in health care services
revenue from patients residing in this Commonwealth and
the persons are of the types identified in paragraph (1).
(ii) A merger, acquisition or contracting
affiliation between two or more health