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                                                      PRINTER'S NO. 1915

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1556 Session of 2007


        INTRODUCED BY LONGIETTI, COHEN, EACHUS, FREEMAN, GEORGE,
           HARKINS, JOSEPHS, KIRKLAND, KORTZ, KOTIK, LEACH, MANDERINO,
           MARKOSEK, McGEEHAN, McILVAINE SMITH, SHIMKUS, SIPTROTH,
           WALKO, YOUNGBLOOD AND YUDICHAK, JUNE 14, 2007

        REFERRED TO COMMITTEE ON INSURANCE, JUNE 14, 2007

                                     AN ACT

     1  Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
     2     act relating to insurance; amending, revising, and
     3     consolidating the law providing for the incorporation of
     4     insurance companies, and the regulation, supervision, and
     5     protection of home and foreign insurance companies, Lloyds
     6     associations, reciprocal and inter-insurance exchanges, and
     7     fire insurance rating bureaus, and the regulation and
     8     supervision of insurance carried by such companies,
     9     associations, and exchanges, including insurance carried by
    10     the State Workmen's Insurance Fund; providing penalties; and
    11     repealing existing laws," further providing for conditions
    12     subject to which policies are to be issued; and providing for
    13     health insurance coverage for certain children of insured
    14     parents.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 617(A)(3) and (9) of the act of May 17,
    18  1921 (P.L.682, No.284), known as The Insurance Company Law of
    19  1921, repealed and added May 25, 1951 (P.L.417, No.99) and
    20  January 18, 1968 (1967 P.L.969, No.433), are amended to read:
    21     Section 617.  Conditions Subject to Which Policies Are to Be
    22  Issued.--(A)  No such policy shall be delivered or issued for
    23  delivery to any person in this Commonwealth unless:

     1     * * *
     2     (3)  it purports to insure only one person, except that a
     3  policy may insure, originally or by subsequent amendment, upon
     4  the application of an adult head of a family who shall be deemed
     5  the policyholder, any two or more eligible members of that
     6  family, including husband, wife, dependent children or any
     7  children under a specified age which, except as provided under
     8  section 617.1, shall not exceed nineteen years and any other
     9  person dependent upon the policyholder; and
    10     * * *
    11     (9)  A policy delivered or issued for delivery after January
    12  1, 1968, under which coverage of a dependent of a policyholder
    13  terminates at a specified age shall, with respect to an
    14  unmarried child covered by the policy prior to the attainment of
    15  the age of nineteen or except as provided under section 617.1,
    16  the age of twenty-nine, who is incapable of self-sustaining
    17  employment by reason of mental retardation or physical handicap
    18  and who became so incapable prior to attainment of age nineteen
    19  and who is chiefly dependent upon such policyholder for support
    20  and maintenance, not so terminate while the policy remains in
    21  force and the dependent remains in such condition, if the
    22  policyholder has within thirty-one days of such dependent's
    23  attainment of the limiting age submitted proof of such
    24  dependent's incapacity as described herein. The foregoing
    25  provisions of this paragraph shall not require an insurer to
    26  insure a dependent who is a mentally retarded or physically
    27  handicapped child where the policy is underwritten on evidence
    28  of insurability based on health factors set forth in the
    29  application or where such dependent does not satisfy the
    30  conditions of the policy as to any requirement for evidence of
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     1  insurability or other provisions of the policy, satisfaction of
     2  which is required for coverage thereunder to take effect. In any
     3  such case the terms of the policy shall apply with regard to the
     4  coverage or exclusion from coverage of such dependent.
     5     * * *
     6     Section 2.  The act is amended by adding a section to read:
     7     Section 617.1.  Health Insurance Coverage for Certain
     8  Children of Insured Parents.--(A)  An insurer that issues,
     9  delivers, executes or renews health care insurance in this
    10  Commonwealth, under which coverage of a child would otherwise
    11  terminate at a specified age, shall, at the option of the
    12  child's parent or guardian, provide coverage to a child of the
    13  insured beyond that specified age, up through the age of twenty-
    14  nine, provided that the child meet all of the following
    15  requirements:
    16     (1)  Is not married.
    17     (2)  Has no dependents.
    18     (3)  Is a resident of this Commonwealth or is enrolled as a
    19  full-time student at an institution of higher education in this
    20  Commonwealth.
    21     (4)  Is not covered by another health insurance policy.
    22     (B)  An insured may exercise the option provided under
    23  subsection (A) at any time during the term of the policy by
    24  notice to the insurer.
    25     (C)  Employers shall not be required to contribute to any
    26  increased premium charged by the insurer for the exercise of the
    27  option provided under subsection (A), but the contributions may
    28  be agreed to by the employer.
    29     Section 3.  This act shall take effect in 60 days.

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