Senate Approves Hazardous Site Cleanup, MCARE bills

Committees hold joint hearing on state's winter storm preparedness

Approvals of bills to fund hazardous site clean up efforts and to extend a program that helps Pennsylvania's health care providers pay their medical malpractice insurance premiums and a committee hearing to consider Pennsylvania's preparations for the upcoming winter season highlighted the actions during the state Senate session week of October 29, according to Senator Bob Robbins (R-50).

The Senate unanimously approved Senate Bill 1100, a measure cosponsored by Senator Robbins that would provide a new funding stream for Hazardous Sites Cleanup Act (HSCA) projects from existing state revenues.

"We recognize the need to adequately fund the important projects covered by HSCA," Senator Robbins said. "This legislation provides the framework for ensuring that the program receives that money without placing an additional burden on citizens through new taxes or fees."

The Senate also approved (44-2) Senate Bill 1137, a measure co-sponsored by Senator Robbins that would extend the authorization of the MCARE (Medical Care Availability and Reduction of Error) program for one year, while preparing for its eventual elimination.

The five-year-old program helps physicians pay a portion of their medical malpractice insurance premiums. The fund helps pay toward the cost of the $500,000 in MCARE fund coverage that the state requires each doctor to secure, in addition to the $500,000 in primary coverage from the private marketplace. MCARE assistance is financed primarily by a 25-cent tax on cigarettes and a surcharge on traffic citations.

The state Senate approved legislation co-sponsored by Senator Robbins that establishes a pretrial procedure to determine if a defendant in a capital penalty trial is a person with mental retardation.

The U.S. Supreme Court ruled in Atkins v. Virginia that applying the death penalty to persons with mental retardation is unconstitutional and left it up to states to determine how to implement the decision. Senate Bill 751 establishes a pretrial hearing by a judge to make the assessment.

"This is an important protection for those accused of the most serious of criminal offenses and facing capital punishment," Senator Robbins said. "While I believe that there are crimes that merit the death penalty, it is essential that all factors be taken into account before it is imposed. Certainly, mental illness is a factor that should and must be taken into account by the court."

Committee roundup

The Senate Veterans Affairs and Emergency Preparedness Committee and the Senate Transportation Committee held a joint public hearing this week to receive a status report on the state's efforts to improve its response to winter emergencies.

The state is working to implement recommendations by James Lee Witt Associates of Washington D.C., the group that evaluated the performance of the Pennsylvania Emergency Management Agency, State Police, Department of Transportation, and the National Guard during and after the Valentines Day 2007 blizzard. That blizzard stranded hundreds of motorists on I-78, I-81, and I-80 for up to 20 hours in sub-freezing temperatures.

The Witt Report offered stinging criticisms of Pennsylvania's emergency preparedness. "There is a remarkable lack of awareness and understanding of Pennsylvania's emergency management system, including the emergency alert levels, even among senior agency leaders," the report cited.

Secretary of Transportation Allen Biehler, State Police Commissioner Jeffrey Miller and newly appointed PEMA director Robert French provided testimony regarding each agency's efforts to improve their readiness; technological and human resource enhancements; improved internal communications; expanded communications with the public, and the development of clearer interagency emergency operations plans.

"We are seeing improvements, but Pennsylvania still has a way to go, especially when it comes to our communications systems and the ability to warn motorists of problems they may encounter," said Senator Robbins, the Vice Chairman of the Senate Veterans Affairs and Emergency Preparedness Committee. "I hope the various agencies will continue working to develop a good, cooperative plan that will enable the Commonwealth to address these types of winter emergencies in the future."

The Senate State Government Committee this week approved Senate Bill 1 legislation to strengthen Pennsylvania's Open Records Law. SB 1 would change current law so that all records from executive agencies and local agencies are presumed to be open unless they fall under a specific exception established in law.

The bill includes exceptions so that certain records remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records.

The Senate Banking and Insurance Committee this week questioned the CEOs of Highmark Inc. and Independence Blue Cross (IBC) about the impact the pending merger of those companies would have on competition in the health care insurance market.

Currently, Highmark is the largest insurance provider in Pennsylvania with about 26.79 percent market share and Independence Blue Cross is the second largest with 26.49 percent of the market.

Several Senators including Senator Robbins expressed concerns about any deal making for the merger that resulted in Blues funding for the Administration's socialized medical care proposals.

"I hate to see social mission driven by an outside source. I am concerned when you are driven to support state programs and initiatives," Senator Robbins said. "I hope that you (the Blues) can deal with the pressures."

Contact:

Michael Hengst
(717) 787-1322