Pennsylvania HB 2268: An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, providing for health care site neutrality.

Bill Text

PRINTER'S NO. 2967
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2268
Session of
2026
INTRODUCED BY WEBSTER, PROBST, CONKLIN, GUENST, SANCHEZ, WAXMAN,
HILL-EVANS, MAYES, HADDOCK, INGLIS, CEPEDA-FREYTIZ, CERRATO,
HOHENSTEIN, NEILSON AND STEELE, MARCH 6, 2026
REFERRED TO COMMITTEE ON HEALTH, MARCH 9, 2026
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," providing for health care site
neutrality.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
chapter to read:
CHAPTER 8-D
HEALTH CARE SITE NEUTRALITY
Section 801-D. 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:
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"Applicable services." Any of the following:
(1) Services provided in an off-campus health care
facility.
(2) Outpatient evaluation and management services.
(3) Any outpatient, diagnostic or imaging service
identified by the department under section 804-D.
"Campus." Any of the following:
(1) The primary buildings of a health care facility.
(2) The physical area immediately adjacent to the
primary buildings or other areas or structures not strictly
contiguous to the primary buildings of a health care facility
that are located within 250 yards of the main buildings.
(3) Any other area determined on an individual basis by
the Centers for Medicare and Medicaid Services to be part of
the campus of a health care facility.
"Council." The Health Care Cost Containment Council
established under the act of July 8, 1986 (P.L.408, No.89),
known as the Health Care Cost Containment Act.
"Current procedural terminology." The codes, descriptions
and guidelines as included in the current procedural terminology
manual published by the American Medical Association in effect
at the time of the effective date of this section.
"Facility fee." Any fee charged or billed by a health care
provider for outpatient services provided in an off-campus
health care facility that is:
(1) intended to compensate the health care provider for
the operational expenses of the health care provider;
(2) separate and distinct from a professional fee; and
(3) irrespective of the modality through which the
health care service was provided.
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"Health benefit plan." A plan, policy, contract, certificate
or agreement entered into, offered or issued by a health
insurance carrier or third-party administrator acting on behalf
of a plan sponsor to provide, deliver, arrange for, pay for or
reimburse any of the costs of health care services and includes
non-Federal governmental plans as defined in 29 U.S.C. §
1002(32) (relating to definitions). The term does not include
any plans, programs of coverage or benefits administered under
42 U.S.C. Ch. 7 Subch. XVIII (relating to health insurance for
aged and disabled).
"Health care contract." A contract, agreement or
understanding, either orally or in writing, entered into,
amended, restated or renewed between a health care provider and
any of the following for the delivery of health care services to
an enrollee of a health benefit plan:
(1) a health insurance carrier;
(2) one or more third-party administrators;
(3) a plan sponsor; or
(4) the health care provider's contractor or agent.
"Health care facility." For purposes of this chapter, a
health care facility includes, but is not limited to, a general,
chronic disease or other type of hospital, a home health care
agency, a home care agency, a hospice, a long-term care nursing
facility, cancer treatment centers using radiation therapy on an
ambulatory basis, an ambulatory surgical facility, a birth
center regardless of whether such health care facility is
operated for profit, nonprofit or by an agency of the
Commonwealth or local government. The department shall have the
authority to license other health care facilities as may be
necessary due to emergence of new modes of health care. When the
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department so finds, it shall transmit notice of its intention
to license a particular type of health care facility to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin in accordance with
th