THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, ALLOWAY, PICCOLA, PILEGGI, WAUGH AND WONDERLING, MARCH 2, 2009

REFERRED TO BANKING AND INSURANCE, MARCH 2, 2009  

AN ACT

Providing for the expiration of certain State-mandated health

care insurance benefits and the provisions of certain acts

that impose mandatory covered providers and covered persons

on qualified high deductible health plans; and requiring the

Health Care Cost Containment Council to submit a periodic

report to the General Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the State-

mandated Health Care Insurance Expiration Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Council."  The Health Care Cost Containment Council of the

Commonwealth.

"Health insurance policy."  An individual or group health,

sickness or accident policy or subscriber contract or

certificate issued by an entity subject to any one of the

following:

(1)  The act of May 17, 1921 (P.L.682, No.284), known as

The Insurance Company Law of 1921.

(2)  The act of December 29, 1972 (P.L.1701, No.364),

known as the Health Maintenance Organization Act.

(3)  The act of May 18, 1976 (P.L.123, No.54), known as

the Individual Accident and Sickness Insurance Minimum

Standards Act.

(4)  40 Pa.C.S. Ch. 61 (relating to hospital plan

corporations) or 63 (relating to professional health services

plan corporations).

"Qualified high deductible health plan."  A health insurance

policy that would qualify as a high deductible health plan under

section 223(c)(2) of the Internal Revenue Code of 1986 (Public

Law 99-514, 26 U.S.C. § 223(c)(2)).

"State-mandated health care insurance benefit."  The right,

established by an act of the General Assembly, of an insured

under a health insurance policy to receive reimbursement from

the insurer of an expenditure or cost of a medical test,

procedure or service related to the health of the insured, which

test, procedure or service is provided by a medical provider.

Section 3.  Mandatory covered benefit expiration.

(a)  Existing provisions affected.--Notwithstanding any other

provision of law to the contrary, the State-mandated health care

insurance benefits under the following provisions of law shall

be inapplicable on and after January 1, 2010, as to qualified

high deductible health plans:

Sections 602-A, 603-A and 2111(4) and (7) of the act of

May 17, 1921 (P.L.682, No.284), known as The Insurance

Company Law of 1921.

Section 4 of the act of May 18, 1976 (P.L.123, No.54),

known as the Individual Accident and Sickness Insurance

Minimum Standards Act.

Section 4 of the act of December 19, 1986 (P.L.1737, No.

209), known as the Insurance Payment to Registered Nurse Law.

Section 3 of the act of May 21, 1992 (P.L.239, No.35),

known as the Childhood Immunization Insurance Act.

Section 4 of the act of April 22, 1994 (P.L.136, No.20),

known as the Women's Preventative Health Services Act.

Section 3 of the act of July 2, 1996 (P.L.514, No.85),

known as the Health Security Act.

Section 4 of the act of December 20, 1996 (P.L.1492, No.

191), known as the Medical Foods Insurance Coverage Act.

(b)  Future provisions affected.--Any act or part of an act

of the General Assembly that is enacted after the effective date

of this section and provides for the imposition of a State-

mandated health care insurance benefit on qualified high

deductible health plans shall expire five years after the

effective date of such act or part of the act.

Section 4.  Mandatory covered provider expiration.

(a)  Existing provisions.--Notwithstanding any other

provision of law to the contrary, the following provisions of

law shall be inapplicable on and after January 1, 2010, as to

qualified high deductible health plans:

The act of December 27, 1965 (P.L.1247, No. 506),

entitled "An act relating to the reimbursement or payments

for providing and furnishing optometric services in

contracts, certificates and policies by various insurance and

other companies, and limiting the provisions in relation

thereto."

The act of August 12, 1971 (P.L.313, No.78), entitled "An

act providing for elimination of discriminatory provisions

relating to compensation for services and treatment under

sickness and accident insurance contracts and providing for

nondiscriminatory reimbursement of sickness and bodily injury

claims thereunder."

The act of April 18, 1978 (P.L.33, No.16), entitled "An

act providing reimbursement to insured by insurance company

for services performed by a psychologist."

The act of December 23, 1981 (P.L.583, No.168), entitled

"An act providing for reimbursement by insurance companies

and others for facilities used by or for services performed

by licensed certified nurse midwives."

The act of December 19, 1986 (P.L.1737, No.209), known as

the Insurance Payment to Registered Nurse Law.

(b)  Future provisions affected.--Any act or part of an act

of the General Assembly that is enacted after the effective date

of this section and requires insurers of health or accident

insurance to reimburse for services provided by any provider of

medical services of any kind under qualified high deductible

health plans shall expire five years after the effective date of

such act or part of the act.

Section 5.  Mandatory covered persons expiration.

(a)  Existing provisions.--Notwithstanding any other

provision of law to the contrary, the following provisions shall

be inapplicable on and after January 1, 2010, as to qualified

high deductible health plans:

Sections 617(A)(9) and 621.2(d) of the act of May 17,

1921 (P.L.682, No.284), known as The Insurance Company Law of

1921.

The act of August 1, 1975 (P.L.157, No.81), entitled "An

act providing for the health and welfare of newborn children

and their parents by regulating certain health insurance

coverage for newborn children."

The act of December 16, 1994 (P.L.1333, No.152),

entitled, "An act requiring health insurers to cover adopted

children."

(b)  Future provisions affected.--Any act or part of an act

of the General Assembly that is enacted after the effective date

of this section and requires insurers of health or accident

insurance to reimburse for services provided to certain

specified covered persons as insureds under qualified high

deductible health plans expire five years after the effective

date of such act or part of the act.

Section 6.  Report to General Assembly.

No later than 60 days prior to the expiration of the

provisions of the acts identified under section 3(a), 4(a) or

5(a) and the expiration of the provisions of an act to which

section 3(b), 4(b) or 5(b) applies, the council shall submit a

written report to the General Assembly that includes an analysis

of the impact that the provisions of those acts identified under

section 3(a), 4(a) or 5(a) or that act to which section 3(b),

4(b) or 5(b) applies, on the cost of health insurance premiums

for qualified high deductible health plans in this Commonwealth.

Section 7.  Effective date.

This act shall take effect in 60 days.