Healthcare Law Briefs

Meeting the Challenge of Health Law

	What's Inside
	Mcare Update: Healthcare Provider Retention Program
	100% Abatement for Certain Providers
	Payment of Mcare Assessments
	Practice Pledge/Retention
	Exclusions

Healthcare Law Briefs

*READ PAST ISSUES OF THE HEALTHCARE LAW BRIEFS

Mcare Update: Healthcare Provider Retention Program

House Bill 44 was enacted on December 23, 2003, establishing the Health Care Provider Retention Program and providing abatement of the Mcare assessments for 2003 and 2004 for eligible providers.

100% Abatement for Certain Providers

The following providers qualify for 100% abatement:

Obstetricians
Neurosurgeons
Orthopedic surgeons
Other high-risk surgeons who are members of the four highest primary professional liability premium rate classes
Nurse midwives
Family practitioners in rural areas who routinely practice obstetrics
Physicians certified by the American Board of Emergency Medicine practicing full time or exclusively at a trauma center

All other physicians who meet certain eligibility requirements, which have yet to be clarified, will qualify for 50% abatement.

Payment of Mcare Assessments

Payment for the 2003 Mcare assessment was due December 31, 2003. Failure to pay is a licensing violation. The 2004 Mcare assessment has been deferred until April 1, 2004. For those physicians who qualify for 100% abatement for 2003, no payment is due. If you already paid, an application for abatement and refund must be filed by February 15, 2004. The application forms should be made available online today, January 2, 2004, on the Pennsylvania Insurance Department's Office of Healthcare Reform Web site: http://www.ohcr.state.pa.us.

Practice Pledge/Retention

Physicians accepting the abatement must agree to practice in the Commonwealth for one full year following the year of the abatement.

Exclusions

The following additional requirements apply:

No license revocation in the previous 10 years
No loss of prescription privileges in the previous 10 years
Physicians with 3 or more malpractice payments exceeding $500,00 in the past 5 years are ineligible
No convictions/pleas/nolo contendre for events reportable under Mcare within the past 10 years
No unpaid Mcare assessments