PRIOR PRINTER'S NOS. 1915, 2020 PRINTER'S NO. 2105
No. 1556 Session of 2007
INTRODUCED BY LONGIETTI, COHEN, EACHUS, FREEMAN, GEORGE,
HARKINS, JOSEPHS, KIRKLAND, KORTZ, KOTIK, LEACH, MANDERINO,
MARKOSEK, McGEEHAN, McILVAINE SMITH, SHIMKUS, SIPTROTH,
WALKO, YOUNGBLOOD, YUDICHAK, WANSACZ, SOLOBAY, PETRONE,
FABRIZIO, GIBBONS, CALTAGIRONE AND PASHINSKI, JUNE 14, 2007
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 26, 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," further providing for conditions
12 subject to which policies are to be issued; and providing for
13 health insurance coverage for certain children of insured
14 parents.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 617(A)(3) and (9) of the act of May 17,
18 1921 (P.L.682, No.284), known as The Insurance Company Law of
19 1921, repealed and added May 25, 1951 (P.L.417, No.99) and
20 January 18, 1968 (1967 P.L.969, No.433), are amended to read:
21 Section 617. Conditions Subject to Which Policies Are to Be
22 Issued.--(A) No such policy shall be delivered or issued for
1 delivery to any person in this Commonwealth unless:
2 * * *
3 (3) it purports to insure only one person, except that a
4 policy may insure, originally or by subsequent amendment, upon
5 the application of an adult head of a family who shall be deemed
6 the policyholder, any two or more eligible members of that
7 family, including husband, wife, dependent children or any
8 children under a specified age which, except as provided under
9 section 617.1, shall not exceed nineteen years and any other
10 person dependent upon the policyholder; and
11 * * *
12 (9) A policy delivered or issued for delivery after January
13 1, 1968, under which coverage of a dependent of a policyholder
14 terminates at a specified age shall, with respect to an
15 unmarried child covered by the policy prior to the attainment of
16 the age of nineteen or except as provided under section 617.1,
17 the age of twenty-nine THIRTY, who is incapable of self- <--
18 sustaining employment by reason of mental retardation or
19 physical handicap and who became so incapable prior to
20 attainment of age nineteen and who is chiefly dependent upon
21 such policyholder for support and maintenance, not so terminate
22 while the policy remains in force and the dependent remains in
23 such condition, if the policyholder has within thirty-one days
24 of such dependent's attainment of the limiting age submitted
25 proof of such dependent's incapacity as described herein. The
26 foregoing provisions of this paragraph shall not require an
27 insurer to insure a dependent who is a mentally retarded or
28 physically handicapped child where the policy is underwritten on
29 evidence of insurability based on health factors set forth in
30 the application or where such dependent does not satisfy the
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1 conditions of the policy as to any requirement for evidence of
2 insurability or other provisions of the policy, satisfaction of
3 which is required for coverage thereunder to take effect. In any
4 such case the terms of the policy shall apply with regard to the
5 coverage or exclusion from coverage of such dependent.
6 * * *
7 Section 2. The act is amended by adding a section to read:
8 Section 617.1. Health Insurance Coverage for Certain
9 Children of Insured Parents.--(A) An insurer that issues,
10 delivers, executes or renews health care insurance in this
11 Commonwealth, under which coverage of a child would otherwise
12 terminate at a specified age, shall, at the option of the
13 child's parent or guardian, provide coverage to a child of the
14 insured beyond that specified age, up through the age of twenty-
15 nine, provided that the child meet all of the following
16 requirements:
17 (1) Is not married.
18 (2) Has no dependents.
19 (3) Is a resident of this Commonwealth or is enrolled as a
20 full-time student at an institution of higher education in this <--
21 Commonwealth.
22 (4) Is not covered by another health insurance policy.
23 (B) An insured may exercise the option provided under
24 subsection (A) at any time during the term of the policy by
25 notice to the insurer.
26 (C) Employers shall not be required to contribute to any
27 increased premium charged by the insurer for the exercise of the
28 option provided under subsection (A), but the contributions may
29 be agreed to by the employer.
30 (D) This section shall not include the following types of
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1 insurance or any combination thereof:
2 (1) Hospital indemnity.
3 (2) Accident.
4 (3) Specified disease.
5 (4) Disability income.
6 (5) Dental.
7 (6) Vision.
8 (7) Civilian Health and Medical Program of the Uniformed
9 Services (CHAMPUS) supplement.
10 (8) Medicare supplement.
11 (9) Long-term care.
12 (10) Other limited benefit plans.
13 Section 3. This act shall take effect in 60 days.
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