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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, ALLOWAY, PICCOLA, PILEGGI, WAUGH AND WONDERLING, MARCH 2, 2009 |
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| REFERRED TO BANKING AND INSURANCE, MARCH 2, 2009 |
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| AN ACT |
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1 | Providing for the expiration of certain State-mandated health |
2 | care insurance benefits and the provisions of certain acts |
3 | that impose mandatory covered providers and covered persons |
4 | on qualified high deductible health plans; and requiring the |
5 | Health Care Cost Containment Council to submit a periodic |
6 | report to the General Assembly. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the State- |
11 | mandated Health Care Insurance Expiration Act. |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Council." The Health Care Cost Containment Council of the |
17 | Commonwealth. |
18 | "Health insurance policy." An individual or group health, |
19 | sickness or accident policy or subscriber contract or |
20 | certificate issued by an entity subject to any one of the |
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1 | following: |
2 | (1) The act of May 17, 1921 (P.L.682, No.284), known as |
3 | The Insurance Company Law of 1921. |
4 | (2) The act of December 29, 1972 (P.L.1701, No.364), |
5 | known as the Health Maintenance Organization Act. |
6 | (3) The act of May 18, 1976 (P.L.123, No.54), known as |
7 | the Individual Accident and Sickness Insurance Minimum |
8 | Standards Act. |
9 | (4) 40 Pa.C.S. Ch. 61 (relating to hospital plan |
10 | corporations) or 63 (relating to professional health services |
11 | plan corporations). |
12 | "Qualified high deductible health plan." A health insurance |
13 | policy that would qualify as a high deductible health plan under |
14 | section 223(c)(2) of the Internal Revenue Code of 1986 (Public |
15 | Law 99-514, 26 U.S.C. § 223(c)(2)). |
16 | "State-mandated health care insurance benefit." The right, |
17 | established by an act of the General Assembly, of an insured |
18 | under a health insurance policy to receive reimbursement from |
19 | the insurer of an expenditure or cost of a medical test, |
20 | procedure or service related to the health of the insured, which |
21 | test, procedure or service is provided by a medical provider. |
22 | Section 3. Mandatory covered benefit expiration. |
23 | (a) Existing provisions affected.--Notwithstanding any other |
24 | provision of law to the contrary, the State-mandated health care |
25 | insurance benefits under the following provisions of law shall |
26 | be inapplicable on and after January 1, 2010, as to qualified |
27 | high deductible health plans: |
28 | Sections 602-A, 603-A and 2111(4) and (7) of the act of |
29 | May 17, 1921 (P.L.682, No.284), known as The Insurance |
30 | Company Law of 1921. |
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1 | Section 4 of the act of May 18, 1976 (P.L.123, No.54), |
2 | known as the Individual Accident and Sickness Insurance |
3 | Minimum Standards Act. |
4 | Section 4 of the act of December 19, 1986 (P.L.1737, No. |
5 | 209), known as the Insurance Payment to Registered Nurse Law. |
6 | Section 3 of the act of May 21, 1992 (P.L.239, No.35), |
7 | known as the Childhood Immunization Insurance Act. |
8 | Section 4 of the act of April 22, 1994 (P.L.136, No.20), |
9 | known as the Women's Preventative Health Services Act. |
10 | Section 3 of the act of July 2, 1996 (P.L.514, No.85), |
11 | known as the Health Security Act. |
12 | Section 4 of the act of December 20, 1996 (P.L.1492, No. |
13 | 191), known as the Medical Foods Insurance Coverage Act. |
14 | (b) Future provisions affected.--Any act or part of an act |
15 | of the General Assembly that is enacted after the effective date |
16 | of this section and provides for the imposition of a State- |
17 | mandated health care insurance benefit on qualified high |
18 | deductible health plans shall expire five years after the |
19 | effective date of such act or part of the act. |
20 | Section 4. Mandatory covered provider expiration. |
21 | (a) Existing provisions.--Notwithstanding any other |
22 | provision of law to the contrary, the following provisions of |
23 | law shall be inapplicable on and after January 1, 2010, as to |
24 | qualified high deductible health plans: |
25 | The act of December 27, 1965 (P.L.1247, No. 506), |
26 | entitled "An act relating to the reimbursement or payments |
27 | for providing and furnishing optometric services in |
28 | contracts, certificates and policies by various insurance and |
29 | other companies, and limiting the provisions in relation |
30 | thereto." |
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1 | The act of August 12, 1971 (P.L.313, No.78), entitled "An |
2 | act providing for elimination of discriminatory provisions |
3 | relating to compensation for services and treatment under |
4 | sickness and accident insurance contracts and providing for |
5 | nondiscriminatory reimbursement of sickness and bodily injury |
6 | claims thereunder." |
7 | The act of April 18, 1978 (P.L.33, No.16), entitled "An |
8 | act providing reimbursement to insured by insurance company |
9 | for services performed by a psychologist." |
10 | The act of December 23, 1981 (P.L.583, No.168), entitled |
11 | "An act providing for reimbursement by insurance companies |
12 | and others for facilities used by or for services performed |
13 | by licensed certified nurse midwives." |
14 | The act of December 19, 1986 (P.L.1737, No.209), known as |
15 | the Insurance Payment to Registered Nurse Law. |
16 | (b) Future provisions affected.--Any act or part of an act |
17 | of the General Assembly that is enacted after the effective date |
18 | of this section and requires insurers of health or accident |
19 | insurance to reimburse for services provided by any provider of |
20 | medical services of any kind under qualified high deductible |
21 | health plans shall expire five years after the effective date of |
22 | such act or part of the act. |
23 | Section 5. Mandatory covered persons expiration. |
24 | (a) Existing provisions.--Notwithstanding any other |
25 | provision of law to the contrary, the following provisions shall |
26 | be inapplicable on and after January 1, 2010, as to qualified |
27 | high deductible health plans: |
28 | Sections 617(A)(9) and 621.2(d) of the act of May 17, |
29 | 1921 (P.L.682, No.284), known as The Insurance Company Law of |
30 | 1921. |
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1 | The act of August 1, 1975 (P.L.157, No.81), entitled "An |
2 | act providing for the health and welfare of newborn children |
3 | and their parents by regulating certain health insurance |
4 | coverage for newborn children." |
5 | The act of December 16, 1994 (P.L.1333, No.152), |
6 | entitled, "An act requiring health insurers to cover adopted |
7 | children." |
8 | (b) Future provisions affected.--Any act or part of an act |
9 | of the General Assembly that is enacted after the effective date |
10 | of this section and requires insurers of health or accident |
11 | insurance to reimburse for services provided to certain |
12 | specified covered persons as insureds under qualified high |
13 | deductible health plans expire five years after the effective |
14 | date of such act or part of the act. |
15 | Section 6. Report to General Assembly. |
16 | No later than 60 days prior to the expiration of the |
17 | provisions of the acts identified under section 3(a), 4(a) or |
18 | 5(a) and the expiration of the provisions of an act to which |
19 | section 3(b), 4(b) or 5(b) applies, the council shall submit a |
20 | written report to the General Assembly that includes an analysis |
21 | of the impact that the provisions of those acts identified under |
22 | section 3(a), 4(a) or 5(a) or that act to which section 3(b), |
23 | 4(b) or 5(b) applies, on the cost of health insurance premiums |
24 | for qualified high deductible health plans in this Commonwealth. |
25 | Section 7. Effective date. |
26 | This act shall take effect in 60 days. |
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