PRINTER'S NO. 241
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
115
Session of
2017
INTRODUCED BY KAUFER, READSHAW, FEE, HEFFLEY, DRISCOLL, TAYLOR,
MURT, MILLARD, RADER, PICKETT, DAVIS, MULLERY, STAATS, BAKER,
McNEILL, BOBACK, D. MILLER, SIMMONS, SAYLOR AND CUTLER,
FEBRUARY 1, 2017
REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 1, 2017
AN ACT
Amending Title 40 (Insurance) of the Pennsylvania Consolidated
Statutes, in regulation of insurers and related persons
generally, providing for mental health parity and access to
addiction treatment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 40 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 39
MENTAL HEALTH PARITY AND
ACCESS TO ADDICTION TREATMENT
Sec.
3901. Scope.
3902. Definitions.
3903. Certification.
3904. Regulations.
§ 3901. Scope.
This chapter relates to a certification of compliance with
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Federal and State insurance laws regarding mental health and
substance use disorder benefits.
§ 3902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Insurance Department of the Commonwealth.
" Insurer. " An entity that issues or administers health
insurance policies or health plans and is subject to the
jurisdiction of the department. The term includes an entity
organized or existing under or subject to any of the following:
(1) The act of May 17, 1921 (P.L.682, No.284), known as
The Insurance Company Law of 1921.
(2) The act of December 29, 1972 (P.L.1701, No.364),
known as the Health Maintenance Organization Act.
(3) The act of May 18, 1976 (P.L.123, No.54), known as
the Individual Accident and Sickness Insurance Minimum
Standards Act.
(4) Chapter 61 (relating to hospital plan corporations)
or 63 (relating to professional health services plan
corporations).
"MHPAEA." The Paul Wellstone and Pete Domenici Mental Health
Parity and Addiction Equity Act of 2008 (Public Law 110-343, 122
Stat. 3765).
§ 3903. Certification.
No later than January 1 of each year, an insurer that issues
or administers a health insurance policy or health plan in this
Commonwealth, including a policy or plan in which mental health
or substance use disorder benefits are managed by an entity
other than the insurer, shall file with the department a written
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certification signed by an officer of the insurer under oath
attesting that:
(1) The insurer has completed a comprehensive review of
all health insurance policies and health plans issued or
administered by the insurer, including policies and plans in
which mental health or substance use disorder benefits are
managed by an entity other than the insurer, for compliance
with the requirements of MHPAEA and its implementing
regulations and interim final rules and compliance with
section 604-B of the act of May 17, 1921 (P.L.682, No.284),
known as The Insurance Company Law of 1921, and its
implementing regulations.
(2) All policies and plans under paragraph (1) comply
with the laws, regulations and interim final rules referred
to in paragraph (1).
§ 3904. Regulations.
The department shall promulgate regulations necessary to
implement this chapter.
Section 2. All acts and parts of acts are repealed insofar
as they are inconsistent with 40 Pa.C.S. Ch. 39.
Section 3. This act shall take effect immediately.
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