HB 2265 — An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, providing for onsite emergency physicians.

PRINTER'S NO.   2963

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2265
                                                Session of
                                                  2026

     INTRODUCED BY TAKAC, PICKETT, VENKAT, HILL-EVANS, GUZMAN,
        DELLOSO AND K. HARRIS, MARCH 4, 2026

     REFERRED TO COMMITTEE ON HEALTH, MARCH 5, 2026


                                      AN ACT
 1   Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
 2      act relating to health care; prescribing the powers and
 3      duties of the Department of Health; establishing and
 4      providing the powers and duties of the State Health
 5      Coordinating Council, health systems agencies and Health Care
 6      Policy Board in the Department of Health, and State Health
 7      Facility Hearing Board in the Department of Justice;
 8      providing for certification of need of health care providers
 9      and prescribing penalties," providing for onsite emergency
10      physicians.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    The act of July 19, 1979 (P.L.130, No.48), known
14   as the Health Care Facilities Act, is amended by adding a
15   chapter to read:
16                                CHAPTER 8-D
17                        ONSITE EMERGENCY PHYSICIANS
18   Section 801-D.    Definitions.
19      The following words and phrases when used in this chapter
20   shall have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      "Board-certified emergency physician."     A physician licensed
 1   under the act of October 5, 1978 (P.L.1109, No.261), known as
 2   the Osteopathic Medical Practice Act, or the act of December 20,
 3   1985 (P.L.457, No.112), known as the Medical Practice Act of
 4   1985, who is certified in the specialty of emergency medicine by
 5   a board recognized by the American Board of Medical Specialties
 6   or the American Osteopathic Association.
 7      "Board-eligible emergency physician."   A physician who:
 8          (1)   is licensed under the Medical Practice Act of 1985
 9      or the Osteopathic Medical Practice Act;
10          (2)   has completed a residency in emergency medicine
11      accredited by the Accreditation Council for Graduate Medical
12      Education or the American Osteopathic Association; and
13          (3)   remains within the eligibility period to sit for
14      initial board certification in emergency medicine as
15      established by the relevant certifying board.
16      "Emergency department."   The designated area of a hospital
17   where health care services are furnished to evaluate, treat and
18   stabilize a condition manifesting by acute symptoms of
19   sufficient severity, including severe pain, such that the
20   absence of immediate medical attention could reasonably be
21   expected to result in placing the individual's health, or the
22   health of an unborn child, in serious jeopardy, serious
23   impairment to bodily functions or serious dysfunction of any
24   bodily organ.
25      "Hospital."   A health care facility that is primarily engaged
26   in providing to inpatients, by or under supervision of
27   physicians, diagnostic services and therapeutic services for
28   medical diagnosis, treatment and care of individuals who are
29   injured, disabled or sick or rehabilitation services for the
30   rehabilitation of individuals who are injured, disabled or sick.

20260HB2265PN2963                  - 2 -
 1      "Onsite."     In relation to services, that the services are:
 2            (1)   being provided to a patient who is physically
 3      present in an emergency department; and
 4            (2)   immediately available to the individual being
 5      supervised and with continued involvement in appropriate
 6      components of care.
 7      "Physician."     A medical doctor or doctor of osteopathy.
 8   Section 802-D.    Requirement for onsite emergency physician.
 9      Unless an exception has been approved under section 803-D, a
10   hospital with an emergency department shall ensure that a board-
11   certified emergency physician or board-eligible emergency
12   physician is onsite, on duty and primarily responsible for the
13   emergency department at all times when the emergency department
14   is open.
15   Section 803-D.    Exception.
16      (a)     Power of department.--The department may grant an
17   exception to the requirements of section 802-D if a hospital is
18   located in an area not designated as an urbanized area by the
19   United States Census Bureau, including an area designated as an
20   urban cluster, and satisfies the eligibility conditions in
21   subsection (b).
22      (b)     Eligibility.--To qualify for the exception under
23   subsection (a), a hospital must demonstrate to the department
24   the following conditions:
25            (1)   The hospital has an average daily emergency
26      department census of 46 or less visits over the preceding two
27      years.
28            (2)   Documented good faith efforts to recruit and retain
29      board-certified emergency physicians or board-eligible
30      emergency physicians.

20260HB2265PN2963                    - 3 -
 1            (3)   Any other condition determined by the department
 2      that is necessary to protect patient safety, including:
 3                  (i)    Written policies for transfer of patients
 4            requiring care beyond the capabilities of the hospital.
 5                  (ii)    Maintenance of transfer agreements consistent
 6            with 42 U.S.C. § 1395dd (relating to examination and
 7            treatment for emergency medical conditions and women in
 8            labor).
 9      (c)   Process for review of exceptions.--The department shall
10   process an exception under subsection (a) in accordance with 28
11   Pa. Code §§ 51.31 (relating to principle), 51.32 (relating to
12   exceptions for innovative programs), 51.33 (relating to requests
13   for exceptions) and 51.34 (relating to revocation of
14   exceptions).
15   Section 804-D.        Construction.
16      Nothing in this chapter shall be construed to authorize the
17   use of a tele-emergency department model in lieu of the
18   requirement for an onsite physician under section 802-D.
19      Section 2.        This act shall take effect in 60 days.




20260HB2265PN2963                          - 4 -