Overview
Pennsylvania has a robust set of healthcare inspection and transparency laws. Notwithstanding, initiatives to adopt other measures, including a most favored nations clause ban for healthcare contracts, a certificate of needs program, and a state-run health exchange have not gained traction in the legislature. In the 2017-2018 term, the Pennsylvania legislature introduced many bills affecting price transparency, prescription drug costs, and health care markets and competition. However, none were passed or signed into law, with the exception of a resolution to enact legislation that would allow states to regulate air ambulance billing and pricing practices.
The State Database
The Source tracks state activities impacting healthcare price and competition in both legislation and litigation in a searchable database to help stakeholders at the state level understand their legal and regulatory environment as they make efforts to improve access, quality, and efficiency, and reduce costs in healthcare. We currently cover bills from the 2017-2018 legislative term and key statutes from each state. Search the database for specific bills, statutes or cases by using keyword, key issue category, and/or jurisdiction.
*Note: 2019 legislative session updates are currently in progress. Check back weekly for updates.
Introduced: Status: Enacted
Obligates the Department of Health to promote cost efficiency, health care quality and increased access in its departmental mandate. Health facility reports taken by the Department of Health can be found here.
35 Pa. Cons. Stat. § 449.10 – Pennsylvania
Introduced: Status: Enacted
Providers that information collected by the PHC4 is for the benefit of the public and public officials, and that determinations on whether the information should be released under the states Right-to-Know Law should be made …
35 Pa. Cons. Stat. § 449.11 – Pennsylvania
Introduced: Status: Enacted
Allows any Pennsylvanian agency “to study and report on the short-term and long-term fiscal and programmatic impact on the health care consumer of changes in ownership of hospitals from nonprofit to profit, whether through purchase, …
35 Pa. Cons. Stat. § 449.6 – Pennsylvania
Introduced: Status: Enacted
Authorizes the PHC4 to collect data on provider quality and provider services under the Uniform Claims and Billing Form that the PHC4 maintains. The Council is required to collect, among other things, patient demographic information, …
35 Pa. Cons. Stat. § 449.7 – Pennsylvania
Introduced: Status: Enacted
Requires that the PHC4 issue certain public reports (see here) using the data collected under § 449.6 (see above). The reports must contain information on provider quality and service effectiveness ranked against performance and cost …
Next | See all Legislation Records
Introduced: Status: Enacted
Obligates the Department of Health to promote cost efficiency, health care quality and increased access in its departmental mandate. Health facility reports taken by the Department of Health can be found here.
35 Pa. Cons. Stat. § 449.10 – Pennsylvania
Introduced: Status: Enacted
Providers that information collected by the PHC4 is for the benefit of the public and public officials, and that determinations on whether the information should be released under the states Right-to-Know Law should be made …
35 Pa. Cons. Stat. § 449.11 – Pennsylvania
Introduced: Status: Enacted
Allows any Pennsylvanian agency “to study and report on the short-term and long-term fiscal and programmatic impact on the health care consumer of changes in ownership of hospitals from nonprofit to profit, whether through purchase, …
35 Pa. Cons. Stat. § 449.6 – Pennsylvania
Introduced: Status: Enacted
Authorizes the PHC4 to collect data on provider quality and provider services under the Uniform Claims and Billing Form that the PHC4 maintains. The Council is required to collect, among other things, patient demographic information, …
35 Pa. Cons. Stat. § 449.7 – Pennsylvania
Introduced: Status: Enacted
Requires that the PHC4 issue certain public reports (see here) using the data collected under § 449.6 (see above). The reports must contain information on provider quality and service effectiveness ranked against performance and cost …
Next | See all Legislation Records
District Court: Eastern District of Pennsylvania Status: Pending
On December 22, 2017, the U.S. Court of Appeals for the Third Circuit ruled that an antitrust suit filed by Louisiana’s Attorney General against GlaxoSmithKline …
Federal Trade Commission and State of Idaho v. St. Luke’s Health System, Ltd and Saltzer Medical Group, P.A. – California, Connecticut, Delaware, Idaho, Illinois, Iowa, Kentucky, Maine, Maryland, Mississippi, Montana, Nevada, New Mexico, Oregon, Pennsylvania, Tennessee, Washington
District Court: District of Idaho Status: Decided
In March 2013, the FTC and the Idaho Attorney General filed a joint complaint challenging the merger betweenSt. Luke’s Health System, Idaho’s largest health system, …
In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In re Generic Pharm. Pricing Antitrust Litig – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from over 40 states, Puerto Rico, and the District of Columbia that filed an antitrust enforcement action against six pharmaceutical manufacturers …
Federal Trade Commission v. AbbVie Inc. et al. – Pennsylvania
District Court: Eastern District of Pennsylvania Status: Decided
FTC alleged AbbVie sued generic companies for patent infringement over their proposed generic version of the testosterone gel, AndroGel, without justifiable grounds but merely to …
Next | See all Litigation Records
Additional Resources
LEGISLATIVE CALENDAR
Pennsylvania’s current legislative session runs from 1/1/2019 – 12/31/2019. Bills from 2019 will carry over to 2020 as part of the 2019-2020 legislative term.FY 2018 BUDGET
Pennsylvania’s budget operates on a twelve month cycle beginning July 1 and ending June 30 of the following calendar year. Pennsylvania enacted its FY 2018 Budget during the regular legislative session. To view Pennsylvania’s FY 2018 Budget, click here.REGULATION & ENFORCEMENT
- In October 2013, Attorney General Kathleen G. Kane announced that her office had reached an agreement with Geisinger Health System Foundation over antitrust concerns that the acquisition of Lewistown Hospital and its employed physician group may have substantially lessened or eliminated competition in the region. The eight-year agreement placed several conditions on the merger.
- Pennsylvania was one of 16 states to file an amicus brief supporting the FTC’s winning position in the Ninth Circuit appeal of St. Luke’s Health Care Sys. v. FTC, No. 14-35173 (March 7, 2014), decided February 10, 2015. The States’ brief stated that the acceleration of health care costs due to the growth of large health care provider systems had become a matter of grave concern for the states.
- Enforcement Actions, Market Conduct Actions and Market Surveillance reports conducted by the Department of Insurance can be found here.
KEY RESOURCES
Coverage

February 7, 2019

September 3, 2018

August 12, 2018

August 6, 2018

July 17, 2018