PRINTER'S NO. 1856
No. 1470 Session of 2003
INTRODUCED BY ALLEN, BELFANTI, PHILLIPS, ADOLPH, ARMSTRONG,
BAKER, CAPPELLI, CORNELL, COSTA, CRAHALLA, CREIGHTON, DALLY,
DeLUCA, DeWEESE, FICHTER, FLEAGLE, FORCIER, GEIST, GERGELY,
HARHART, HERSHEY, HESS, JAMES, KELLER, KENNEY, KIRKLAND, LEH,
LEWIS, MARSICO, McCALL, McILHATTAN, MELIO, PERZEL, READSHAW,
REICHLEY, SCHRODER, SHANER, B. SMITH, SOLOBAY, STERN, THOMAS
AND WILT, MAY 22, 2003
REFERRED TO COMMITTEE ON INSURANCE, MAY 22, 2003
AN ACT
1 Amending the act of July 22, 1974 (P.L.589, No.205), entitled
2 "An act relating to unfair insurance practices; prohibiting
3 unfair methods of competition and unfair or deceptive acts
4 and practices; and prescribing remedies and penalties,"
5 further providing for unfair acts.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 5(a) of the act of July 22, 1974
9 (P.L.589, No.205), known as the Unfair Insurance Practices Act,
10 is amended by adding a paragraph to read:
11 Section 5. Unfair Methods of Competition and Unfair or
12 Deceptive Acts or Practices Defined.--(a) "Unfair methods of
13 competition" and "unfair or deceptive acts or practices" in the
14 business of insurance means:
15 * * *
16 (15) Knowingly doing any of the following:
17 (i) Requiring an insured to obtain drugs from a mail-order
1 pharmacy as a condition of obtaining the payment for the
2 prescription drugs.
3 (ii) Imposing upon an insured who is not utilizing a mail-
4 order pharmacy designated by the insurer a copayment fee or
5 other condition not imposed upon insureds utilizing the
6 designated mail-order pharmacy.
7 (iii) Denying or impairing the right of the insured to
8 determine from where the drugs are dispensed.
9 Section 2. The addition of section 5(a)(15) of the act shall
10 apply to insurance policies issued or renewed on or after the
11 effective date of this section.
12 Section 3. This act shall take effect in 60 days.
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