1Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
2act relating to insurance; amending, revising, and
3consolidating the law providing for the incorporation of
4insurance companies, and the regulation, supervision, and
5protection of home and foreign insurance companies, Lloyds
6associations, reciprocal and inter-insurance exchanges, and
7fire insurance rating bureaus, and the regulation and
8supervision of insurance carried by such companies,
9associations, and exchanges, including insurance carried by
10the State Workmen's Insurance Fund; providing penalties; and
11repealing existing laws," prohibiting discrimination against
12volunteer ambulance services.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The act of May 17, 1921 (P.L.682, No.284), known
16as The Insurance Company Law of 1921, is amended by adding a
17section to read:

18Section 635.7. Discrimination Against Volunteer Ambulance
19Services Prohibited.--(a) An insurer shall be required to
20contract with and to accept as a participating provider any
21willing provider of volunteer ambulance services. An insurer
22shall not discriminate against a provider of volunteer ambulance

1services who agrees to accept negotiated payment levels and to
2adhere to quality standards established by the insurer.

3(b) Whenever a volunteer ambulance service is properly 
4dispatched by a public safety answering point as defined in the 
5act of July 9, 1990 (P.L.340, No.78), known as the "Public 
6Safety Emergency Telephone Act," any payment made by an insurer 
7for a claim covered under a health insurance policy for a 
8service performed by the volunteer ambulance service during such 
9call shall be paid directly to the volunteer ambulance service, 
10regardless of whether the ambulance service is a participating 
11provider with the insurer.

12(c) The following shall apply:

13(1) An insured may, through the assignment of benefits,
14assign to a willing provider of volunteer ambulance services his
15right to receive reimbursement for any service performed by a
16volunteer ambulance service.

17(2) A volunteer ambulance service provided an assignment of
18benefits by an insured shall submit a copy of that assignment or
19provide a notice of the assignment of benefits on a form and in
20a manner prescribed by the department to the insurer with any
21claim for payment for any ambulance service performed by the
22volunteer ambulance service.

23(3) The insurer, based upon the claim and notice of the
24assignment of benefits submitted by the volunteer ambulance
25service, shall remit payment of the claim directly to the
26volunteer ambulance service within the time frame established by
27this act for remitting payment on a claim and provide written
28notice, within the same applicable time frame, of the payment to
29the insured.

30(4) If the insured executes an assignment of benefits and

1the volunteer ambulance service submits notice of that
2assignment of benefits with its claim for payment pursuant to
3paragraph (2), but the insurer remits payment of the claim to
4the insured, the claim shall not be considered paid. The insurer
5shall, notwithstanding the incorrect payment of the claim to the
6insured, remain liable for remitting payment of the claim to the
7volunteer ambulance service pursuant to the assignment of
8benefits.

9(d) As used in this section:

10(1) "Insurer" means an entity that is responsible for 
11providing or paying for all or part of the cost of ambulance 
12services covered by an insurance policy, contract or plan other 
13than a homeowner's insurance policy. An insurer includes an 
14entity subject to:

15(i) This act.

16(ii) The act of December 29, 1972 (P.L.1701, No.364), known 
17as the "Health Maintenance Organization Act."

18(iii) 40 Pa.C.S. Ch. 61 (relating to hospital plan 
19corporations) or 63 (relating to professional health services 
20plan corporations).

21For purposes of this definition, an "insurance policy, contract
22or plan" does not include the following types of insurance or
23any combination thereof: accident only, fixed indemnity, limited
24benefit, credit, dental, vision, specified disease, Medicare
25supplement, Civilian Health and Medical Program of the Uniformed
26Services (CHAMPUS) supplement, long-term care or disability
27income, workers' compensation or automobile medical payment
28insurance.

29(2) "Volunteer ambulance service" means any nonprofit 
30chartered corporation, association or organization located in 

1this Commonwealth, which is licensed by the Department of Health 
2and is not associated or affiliated with any hospital and which 
3is regularly engaged in the provision of emergency medical 
4services, including basic life support or advanced life support 
5services and the transportation of patients within this 
6Commonwealth.

7Section 2. This act shall take effect in 60 days.