PRINTER'S NO. 1596
No. 1181 Session of 2007
INTRODUCED BY FOLMER, EICHELBERGER, PICCOLA AND WAUGH, NOVEMBER 30, 2007
REFERRED TO BANKING AND INSURANCE, NOVEMBER 30, 2007
AN ACT 1 Providing for the expiration of certain State-mandated health 2 care insurance benefits and the provisions of certain acts 3 that impose mandatory covered providers and covered persons; 4 and requiring the Health Care Cost Containment Council to 5 submit a periodic report to the General Assembly. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the State- 10 mandated Health Care Insurance Expiration Act. 11 Section 2. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Council." The Health Care Cost Containment Council of the 16 Commonwealth. 17 "State-mandated health care insurance benefit." The right, 18 established by an act of the General Assembly, of an insured 19 under a health insurance policy to receive reimbursement from
1 the insurer of an expenditure or cost of a medical test, 2 procedure or service related to the health of the insured, which 3 test, procedure or service is provided by a medical provider. 4 Section 3. Mandatory covered benefit expiration. 5 (a) Existing provisions affected.--Notwithstanding any other 6 provision of law to the contrary: 7 (1) The following provisions shall expire two years from 8 the effective date of this section: 9 Section 4 of the act of May 18, 1976 (P.L.123, 10 No.54), known as the Individual Accident and Sickness 11 Insurance Minimum Standards Act. 12 (2) The following provisions shall expire three years 13 from the effective date of this section: 14 (i) Sections 602-A and 603-A of the act of May 17, 15 1921 (P.L.682, No.284), known as The Insurance Company 16 Law of 1921. 17 (ii) Section 4 of the act of December 19, 1986 18 (P.L.1737, No.209), known as the Insurance Payment to 19 Registered Nurse Law. 20 (3) The following provisions shall expire four years 21 from the effective date of this section: 22 (i) Section 2111(4) and (7) of the Insurance Company 23 Law of 1921. 24 (ii) Section 3 of the act of May 21, 1992 (P.L.239, 25 No.35), known as the Childhood Immunization Insurance 26 Act. 27 (iii) Section 4 of the act of April 22, 1994 28 (P.L.136, No.20), known as the Women's Preventative 29 Health Services Act. 30 (iv) Section 3 of the act of July 2, 1996 (P.L.514, 20070S1181B1596 - 2 -
1 No.85), known as the Health Security Act. 2 (v) Section 4 of the act of December 20, 1996 3 (P.L.1492, No.191), known as the Medical Foods Insurance 4 Coverage Act. 5 (b) Future provisions affected.--Any act or part of an act 6 of the General Assembly that is enacted after the effective date 7 of this section and provides for the imposition of a State- 8 mandated health care insurance benefit shall expire five years 9 after the effective date of such act or part of the act. 10 Section 4. Mandatory covered provider expiration. 11 (a) Existing provisions.--Notwithstanding any other 12 provision of law to the contrary: 13 (1) The following provisions shall expire one year from 14 the effective date of this section: 15 The act of December 27, 1965 (P.L.1247, No. 506), 16 entitled "An act relating to the reimbursement or 17 payments for providing and furnishing optometric services 18 in contracts, certificates and policies by various 19 insurance and other companies, and limiting the 20 provisions in relation thereto." 21 (2) The following provisions shall expire two years 22 after the effective date of this section: 23 (i) The act of August 12, 1971 (P.L.313, No.78), 24 entitled "An act providing for elimination of 25 discriminatory provisions relating to compensation for 26 services and treatment under sickness and accident 27 insurance contracts and providing for nondiscriminatory 28 reimbursement of sickness and bodily injury claims 29 thereunder." 30 (ii) The act of April 18, 1978 (P.L.33, No.16), 20070S1181B1596 - 3 -
1 entitled "An act providing reimbursement to insured by 2 insurance company for services performed by a 3 psychologist." 4 (3) The following provisions shall expire three years 5 from the effective date of this section: 6 (i) The act of December 23, 1981 (P.L.583, No.168), 7 entitled "An act providing for reimbursement by insurance 8 companies and others for facilities used by or for 9 services performed by licensed certified nurse midwives." 10 (ii) The act of December 19, 1986 (P.L.1737, 11 No.209), known as the Insurance Payment to Registered 12 Nurse Law. 13 (b) Future provisions affected.--Any act or part of an act 14 of the General Assembly that is enacted after the effective date 15 of this section and requires insurers of health or accident 16 insurance to reimburse for services provided by any provider of 17 medical services of any kind shall expire five years after the 18 effective date of such act or part of the act. 19 Section 5. Mandatory covered persons expiration. 20 (a) Existing provisions.--Notwithstanding any other 21 provision of law to the contrary: 22 (1) The following provisions shall expire one year from 23 the effective date of this section: 24 Section 617(a)(9) of the act of May 17, 1921 25 (P.L.682, No.284), known as The Insurance Company Law of 26 1921. 27 (2) The following provisions shall expire two years from 28 the effective date of this section: 29 (i) Section 621.2(d) of the Insurance Company Law of 30 1921. 20070S1181B1596 - 4 -
1 (ii) The act of August 1, 1975 (P.L.157, No.81), 2 entitled "An act providing for the health and welfare of 3 newborn children and their parents by regulating certain 4 health insurance coverage for newborn children." 5 (3) The following provisions shall expire four years 6 from the effective date of this section: 7 The act of December 16, 1994 (P.L.1333, No.152), 8 entitled, "An act requiring health insurers to cover 9 adopted children." 10 (b) Future provisions affected.--Any act or part of an act 11 of the General Assembly that is enacted after the effective date 12 of this section and requires insurers of health or accident 13 insurance to reimburse for services provided to certain 14 specified covered persons as insureds expire five years after 15 the effective date of such act or part of the act. 16 Section 6. Report to General Assembly. 17 No later than 60 days prior to the expiration of the 18 provisions of the acts identified under section 3(a), 4(a) or 19 5(a) and the expiration of the provisions of an act to which 20 section 3(b), 4(b) or 5(b) applies, the council shall submit a 21 written report to the General Assembly that includes an analysis 22 of the impact that the provisions of those acts identified under 23 section 3(a), 4(a) or 5(a) or that act to which section 3(b), 24 4(b) or 5(b) applies, on the cost of health insurance premiums 25 in this Commonwealth. 26 Section 7. Effective date. 27 This act shall take effect in 60 days. J15L40DMS/20070S1181B1596 - 5 -