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

<-12Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
13act relating to insurance; amending, revising, and
14consolidating the law providing for the incorporation of
15insurance companies, and the regulation, supervision, and
16protection of home and foreign insurance companies, Lloyds
17associations, reciprocal and inter-insurance exchanges, and
18fire insurance rating bureaus, and the regulation and
19supervision of insurance carried by such companies,
20associations, and exchanges, including insurance carried by
21the State Workmen's Insurance Fund; providing penalties; and
22repealing existing laws," further providing for definitions,
23for children's health care and for expiration.

24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:

<-26Section 1. Section 2362 of act of May 17, 1921 (P.L.682,
27No.284), known as The Insurance Company Law of 1921, amended

1March 22, 2010 (P.L.147, No.14), is amended to read:

2Section 2362. Expiration.--This article shall expire
3December 31, [2013] 2015.

4Section 2. This act shall take effect immediately.

<-5Section 1. The definition of "uninsured period" in section
62303 of the act of May 17, 1921 (P.L.682, No.284), known as The
7Insurance Company Law of 1921, amended November 2, 2006
8(P.L.1314, No.136), is amended to read:

9Section 2303. Definitions.--As used in this article, the
10following words and phrases shall have the meanings given to
11them in this section:

12* * *

13["Uninsured period." Except for children two years of age or
14less, a continuous period of time of not less than six (6)
15consecutive months immediately preceding enrollment during which
16a child has been without health care insurance coverage in
17accordance with the requirements of this article.]

18* * *

19Section 2. Section 2311(c)(1.1), (f.1) <-and, (i)(5) and
20(l)(6.1) of the act, amended November 2, 2006 (P.L.1314,
21No.136), are amended to read:

22Section 2311. Children's Health Care.--

23* * *

24(c) * * *

25(1.1) Beginning January 1, 2007, and subject to the
26provisions of section 2314, any insurer receiving funds from the
27department to provide coverage of health care services under
28this section shall enroll, to the extent that funds are
29available, any child who meets all of the following:

30(i) Is a resident of this Commonwealth.

1(ii) Is not covered by a health insurance plan, a self-
2insurance plan or a self-funded plan, or is not provided access
3to health care coverage by court order, or is not eligible for
4or covered by a medical assistance program administered by the
5Department of Public Welfare, including the Healthy Beginnings
6Program.

7(iii) Is qualified based on income under subsection (d),
8(e.1), (e.2), (e.3) or (e.4) [and meets the uninsured period
9requirements as provided in subsection (f.1)].

10(iv) Meets the citizenship requirements of Title XXI of the
11Social Security Act.

12* * *

13(f.1) [To be eligible for coverage under subsections (e.1),
14(e.2), (e.3) and (e.4), a child over two (2) years of age must
15have been uninsured for the uninsured period unless:

16(1) the child's parent is eligible to receive benefits
17pursuant to the act of December 5, 1936 (2nd Sp.Sess., 1937
18P.L.2897, No.1), known as the "Unemployment Compensation Law";

19(2) the child's parent was covered by a health insurance
20plan, a self-insurance plan or a self-funded plan but, at the
21time of application for coverage, is no longer employed and is
22ineligible to receive benefits under the "Unemployment
23Compensation Law"; or

24(3) a child is transferring from one government-subsidized
25health care program to another.] (Reserved).

26* * *

<-27(i) The Children's Health Advisory Council is established
28within the department as an advisory council. The following
29shall apply:

30* * *

1(5) All meetings of the council shall be conducted pursuant
2to 65 Pa.C.S. Ch. 7 (relating to open meetings) unless otherwise
3provided in this section. The council shall meet at least
4[annually] twice per year and may provide for special meetings
5as it deems necessary. Meeting dates shall be set by a majority
6vote of members of the council or by call of the chairperson
7upon seven (7) days' notice to all members. The council shall
8publish notice of its meetings in the Pennsylvania Bulletin.
9Notice shall specify the date, time and place of the meeting and
10shall state that the council's meetings are open to the general
11public. All action taken by the council shall be taken in open
12public session and shall not be taken except upon a majority
13vote of the members present at a meeting at which a quorum is
14present.

15* * *

16(l) A contractor with whom the department enters into a
17contract shall do the following:

18* * *

19(6.1) The department shall implement a premium assistance
20program permitted under Federal regulations and as permitted
21through Federal waiver or State plan amendment made pursuant to
22this article. Notwithstanding any other law to the contrary, in
23the event it is more cost effective to purchase health care from
24a parent's employer-based program and the employer-based program
25meets the minimum coverage requirements, employer-based coverage
26may be purchased in place of enrollment in the health insurance
27program established under this subdivision. An insurer shall
28honor a request for enrollment and purchase of employe group
29health insurance requested on behalf of an individual applying
30for coverage under this article if that individual:

1(i) is a resident of this Commonwealth;

2(ii) is qualified based on income under section 2311(d),
3(e.1), (e.2) or (e.3); and

4(iii) [meets the uninsured period, except that any delay due
5to an enrollment restriction, which may not exceed ninety (90)
6days, or due to the length of the department's cost
7effectiveness determination shall be counted towards calculating
8the uninsured period; and

9(iv)] meets the citizenship requirements of section 2311(c)
10(1.1)(iv).

11* * *

12Section 3. Section 2362 of the act, amended March 22, 2010
13(P.L.147, No.14), is amended to read:

14Section 2362. Expiration.--This article shall expire
15December 31, [2013] 2015.

16Section 4. This act shall take effect immediately.