AN ACT

 

1Providing for the expiration of certain State-mandated health
2care insurance benefits and the provisions of certain acts
3that impose mandatory covered providers and covered persons
4on qualified high deductible health plans; and requiring the
5Health Care Cost Containment Council to submit a periodic
6report to the General Assembly.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the State-
11mandated Health Care Insurance Expiration Act.

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Council." The Health Care Cost Containment Council of the
17Commonwealth.

18"Health insurance policy." An individual or group health,
19sickness or accident policy or subscriber contract or
20certificate issued by an entity subject to any one of the

1following:

2(1) The act of May 17, 1921 (P.L.682, No.284), known as
3The Insurance Company Law of 1921.

4(2) The act of December 29, 1972 (P.L.1701, No.364),
5known as the Health Maintenance Organization Act.

6(3) The act of May 18, 1976 (P.L.123, No.54), known as
7the Individual Accident and Sickness Insurance Minimum
8Standards Act.

9(4) 40 Pa.C.S. Ch. 61 (relating to hospital plan
10corporations) or 63 (relating to professional health services
11plan corporations).

12"Qualified high deductible health plan." A health insurance
13policy that would qualify as a high deductible health plan under
14section 223(c)(2) of the Internal Revenue Code of 1986 (Public
15Law 99-514, 26 U.S.C. § 223(c)(2)).

16"State-mandated health care insurance benefit." The right,
17established by an act of the General Assembly, of an insured
18under a health insurance policy to receive reimbursement from
19the insurer of an expenditure or cost of a medical test,
20procedure or service related to the health of the insured, which
21test, procedure or service is provided by a medical provider.

22Section 3. Mandatory covered benefit expiration.

23(a) Existing provisions affected.--Notwithstanding any other
24provision of law to the contrary, the State-mandated health care
25insurance benefits under the following provisions of law shall
26be inapplicable on and after January 1, 2014, as to qualified
27high deductible health plans:

28Sections 602-A, 603-A and 2111(4) and (7) of the act of
29May 17, 1921 (P.L.682, No.284), known as The Insurance
30Company Law of 1921.

1Section 4 of the act of May 18, 1976 (P.L.123, No.54),
2known as the Individual Accident and Sickness Insurance
3Minimum Standards Act.

4Section 4 of the act of December 19, 1986 (P.L.1737, No.

5209), known as the Insurance Payment to Registered Nurse Law.

6Section 3 of the act of May 21, 1992 (P.L.239, No.35),
7known as the Childhood Immunization Insurance Act.

8Section 4 of the act of April 22, 1994 (P.L.136, No.20),
9known as the Women's Preventative Health Services Act.

10Section 3 of the act of July 2, 1996 (P.L.514, No.85),
11known as the Health Security Act.

12Section 4 of the act of December 20, 1996 (P.L.1492, No.

13191), known as the Medical Foods Insurance Coverage Act.

14(b) Future provisions affected.--Any act or part of an act
15of the General Assembly that is enacted after the effective date
16of this section and provides for the imposition of a State-
17mandated health care insurance benefit on qualified high
18deductible health plans shall expire five years after the
19effective date of such act or part of the act.

20Section 4. Mandatory covered provider expiration.

21(a) Existing provisions.--Notwithstanding any other
22provision of law to the contrary, the following provisions of
23law shall be inapplicable on and after January 1, 2014, as to
24qualified high deductible health plans:

25The act of December 27, 1965 (P.L.1247, No.506), entitled
26"An act relating to the reimbursement or payments for
27providing and furnishing optometric services in contracts,
28certificates and policies by various insurance and other
29companies, and limiting the provisions in relation thereto."

30The act of August 12, 1971 (P.L.313, No.78), entitled "An

1act providing for elimination of discriminatory provisions
2relating to compensation for services and treatment under
3sickness and accident insurance contracts and providing for
4nondiscriminatory reimbursement of sickness and bodily injury
5claims thereunder."

6The act of April 18, 1978 (P.L.33, No.16), entitled "An
7act providing reimbursement to insured by insurance company
8for services performed by a psychologist."

9The act of December 23, 1981 (P.L.583, No.168), entitled
10"An act providing for reimbursement by insurance companies
11and others for facilities used by or for services performed
12by licensed certified nurse midwives."

13The act of December 19, 1986 (P.L.1737, No.209), known as
14the Insurance Payment to Registered Nurse Law.

15(b) Future provisions affected.--Any act or part of an act
16of the General Assembly that is enacted after the effective date
17of this section and requires insurers of health or accident
18insurance to reimburse for services provided by any provider of
19medical services of any kind under qualified high deductible
20health plans shall expire five years after the effective date of
21such act or part of the act.

22Section 5. Mandatory covered persons expiration.

23(a) Existing provisions.--Notwithstanding any other
24provision of law to the contrary, the following provisions shall
25be inapplicable on and after January 1, 2014, as to qualified
26high deductible health plans:

27Sections 617(A)(9) and 621.2(d) of the act of May 17, 
281921 (P.L.682, No.284), known as The Insurance Company Law of
291921.

30The act of August 1, 1975 (P.L.157, No.81), entitled "An

1act providing for the health and welfare of newborn children
2and their parents by regulating certain health insurance
3coverage for newborn children."

4The act of December 16, 1994 (P.L.1333, No.152),
5entitled, "An act requiring health insurers to cover adopted
6children."

7(b) Future provisions affected.--Any act or part of an act
8of the General Assembly that is enacted after the effective date
9of this section and requires insurers of health or accident
10insurance to reimburse for services provided to certain
11specified covered persons as insureds under qualified high
12deductible health plans expire five years after the effective
13date of such act or part of the act.

14Section 6. Report to General Assembly.

15No later than 60 days prior to the expiration of the
16provisions of the acts identified under section 3(a), 4(a) or
175(a) and the expiration of the provisions of an act to which
18section 3(b), 4(b) or 5(b) applies, the council shall submit a
19written report to the General Assembly that includes an analysis
20of the impact that the provisions of those acts identified under
21section 3(a), 4(a) or 5(a) or that act to which section 3(b),
224(b) or 5(b) applies, on the cost of health insurance premiums
23for qualified high deductible health plans in this Commonwealth.

24Section 7. Effective date.

25This act shall take effect in 60 days.