PRINTER'S NO. 1208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
903
Session of
2017
INTRODUCED BY FOLMER, MENSCH, MARTIN AND STEFANO,
SEPTEMBER 26, 2017
REFERRED TO BANKING AND INSURANCE, SEPTEMBER 26, 2017
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;
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.
"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
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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:
(1) The following provisions shall expire two years from
the effective date of this section:
(i) Sections 635.2 and 635.3 of the act of May 17,
1921 (P.L.682, No.284), known as The Insurance Company
Law of 1921.
(ii) 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.
(2) The following provisions shall expire three years
from the effective date of this section:
(i) Sections 602-A and 603-A of The Insurance
Company Law of 1921.
(ii) Section 4 of the act of December 19, 1986
(P.L.1737, No.209), known as the Insurance Payment to
Registered Nurse Law.
(3) The following provisions shall expire four years
from the effective date of this section:
(i) Section 2111(4) and (7) of The Insurance Company
Law of 1921.
(ii) Section 3 of the act of May 21, 1992 (P.L.239,
No.35), known as the Childhood Immunization Insurance
Act.
(iii) Section 4 of the act of April 22, 1994
(P.L.136, No.20), known as the Women's Preventative
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Health Services Act.
(iv) Section 3 of the act of July 2, 1996 (P.L.514,
No.85), known as the Health Security Act.
(v) 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 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:
(1) The following provisions shall expire one year from
the effective date of this section:
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."
(2) The following provisions shall expire two years
after the effective date of this section:
(i) 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
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thereunder."
(ii) 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."
(3) The following provisions shall expire three years
from the effective date of this section:
(i) 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."
(ii) 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 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:
(1) The following provisions shall expire one year from
the effective date of this section:
Section 617(A)(9) of the act of May 17, 1921
(P.L.682, No.284), known as The Insurance Company Law of
1921.
(2) The following provisions shall expire two years from
the effective date of this section:
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(i) Section 621.2(d) of The Insurance Company Law of
1921.
(ii) 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."
(3) The following provisions shall expire four years
from the effective date of this section:
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 expires 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
in this Commonwealth.
Section 7. Effective date.
This act shall take effect in 60 days.
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