PA HB2265

Hospitals with emergency departments must have a board-certified or board-eligible emergency physician onsite, on duty, and primarily responsible for the ED at all times it is open.

The Department of Health may grant exceptions for rural hospitals (non-urbanized areas) with an average daily ED census of 46 or fewer visits over the preceding two years, provided they demonstrate good faith recruitment efforts.

Hospitals seeking exceptions must maintain written patient transfer policies and transfer agreements consistent with federal EMTALA requirements (42 U.S.C. § 1395dd).

Tele-emergency department models cannot substitute for the onsite physician requirement.

The act takes effect 60 days after enactment and amends the Health Care Facilities Act of 1979.