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                                                      PRINTER'S NO. 1596

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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,
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     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),
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     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.
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     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.


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