PRINTER'S NO. 1732
No. 1385 Session of 2007
INTRODUCED BY GIBBONS, DERMODY, BELFANTI, BISHOP, COHEN, CURRY,
FABRIZIO, GEIST, GEORGE, GOODMAN, GRUCELA, JOSEPHS, KIRKLAND,
KORTZ, KOTIK, KULA, McGEEHAN, PETRONE, PYLE, SABATINA,
SOLOBAY, TANGRETTI, THOMAS, WALKO, WANSACZ, J. WHITE AND
YOUNGBLOOD, MAY 29, 2007
REFERRED TO COMMITTEE ON INSURANCE, MAY 29, 2007
AN ACT
1 Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
2 act relating to insurance; amending, revising, and
3 consolidating the law providing for the incorporation of
4 insurance companies, and the regulation, supervision, and
5 protection of home and foreign insurance companies, Lloyds
6 associations, reciprocal and inter-insurance exchanges, and
7 fire insurance rating bureaus, and the regulation and
8 supervision of insurance carried by such companies,
9 associations, and exchanges, including insurance carried by
10 the State Workmen's Insurance Fund; providing penalties; and
11 repealing existing laws," providing for insurance coverage of
12 home health care following chemotherapy.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of May 17, 1921 (P.L.682, No.284), known
16 as The Insurance Company Law of 1921, is amended by adding a
17 section to read:
18 Section 633.1. Home Health Care Following Chemotherapy.--(a)
19 (1) A health insurance policy delivered, issued, executed or
20 renewed in this Commonwealth on or after the effective date of
21 this section shall provide coverage for home health care visits
1 following in-hospital or outpatient chemotherapy treatment for
2 the length of time that the treating physician determines is
3 necessary.
4 (2) Coverage under this section shall remain subject to any
5 copayment, coinsurance or deductible amounts set forth in the
6 policy.
7 (3) An insurer may not deny a patient eligibility or
8 continued eligibility to enroll or to renew coverage under the
9 terms of the health insurance policy solely for the purpose of
10 avoiding the requirements of this act.
11 (b) This section shall not apply to the following types of
12 policies:
13 (1) Accident only.
14 (2) Limited benefit.
15 (3) Credit.
16 (4) Dental.
17 (5) Vision.
18 (6) Specified disease.
19 (7) Medicare supplement.
20 (8) Civilian Health and Medical Program of the Uniformed
21 Services (CHAMPUS) supplement.
22 (9) Long-term care or disability income.
23 (10) Workers' compensation.
24 (11) Automobile medical payment.
25 (c) (1) The term "health insurance policy" when used in
26 this section means any individual or group health insurance
27 policy, subscriber contract, certificate or plan which provides
28 medical or health care coverage by any health care facility or
29 licensed health care provider which is offered by or is governed
30 under this act or any of the following:
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1 (i) Subarticle (f) of Article IV of the act of June 13, 1967
2 (P.L.31, No.21), known as the "Public Welfare Code."
3 (ii) The act of December 29, 1972 (P.L.1701, No.364), known
4 as the "Health Maintenance Organization Act."
5 (iii) The act of May 18, 1976 (P.L.123, No.54), known as the
6 "Individual Accident and Sickness Insurance Minimum Standards
7 Act."
8 (iv) A nonprofit corporation subject to 40 Pa.C.S. Ch. 61
9 (relating to hospital plan corporations) or 63 (relating to
10 professional health services plan corporations).
11 (2) The term "insurer" when used in this section means any
12 entity that issues an individual or group health insurance
13 policy, contract or plan described under clause (1) of this
14 subsection.
15 Section 2. This act shall take effect in 60 days.
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