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PRINTER'S NO. 1423
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1030
Session of
2021
INTRODUCED BY A. DAVIS, PISCIOTTANO, FREEMAN, SANCHEZ, HILL-
EVANS, BRADFORD, LEE, SCHLOSSBERG, FRANKEL, D. WILLIAMS,
DeLUCA, McCLINTON, ROZZI, DEASY, KINSEY, T. DAVIS, DALEY,
ZABEL, WARREN, N. NELSON, BURGOS, McNEILL, INNAMORATO,
STURLA, SIMS, HERRIN, KRUEGER AND CIRESI, MAY 5, 2021
REFERRED TO COMMITTEE ON INSURANCE, MAY 5, 2021
AN ACT
Amending Title 40 (Insurance) of the Pennsylvania Consolidated
Statutes, providing for easy enrollment program.
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 94
EASY ENROLLMENT PROGRAM
Sec.
9401. Definitions.
9402. Program establishment.
9403. Program structure.
9404. Reports.
ยง 9401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Individual income tax." The tax imposed under Article III
of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971.
"No-cost or low-cost health coverage." As follows:
(1) A health insurance policy offered by an insurer
through the exchange for which a premium tax credit or cost-
sharing subsidy may be available.
(2) The Commonwealth's medical assistance program
established under the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
(3) The Children's Health Insurance Program established
under Article XXIII-A of the act of May 17, 1921 (P.L.682,
No.284), known as The Insurance Company Law of 1921.
"Program." The Pennsylvania Health Insurance Easy Enrollment
Program established under section 9402 (relating to program
establishment).
"Uninsured individual." An individual who does not have
minimum essential coverage as defined in section 5000A(f) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ยง 1
et seq.).
ยง 9402. Program establishment.
(a) Establishment.--The Pennsylvania Health Insurance Easy
Enrollment Program is established and shall be administered
jointly by the exchange authority and the Department of Revenue
as provided under this chapter.
(b) Implementation.--The exchange authority and the
Department of Revenue and other affected government entities
shall develop and implement systems, policies and practices that
encourage, facilitate, simplify and streamline the transmission
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of requests and determinations of eligibility or potential
eligibility for and enrollment in no-cost or low-cost health
coverage to achieve the purposes of the program.
ยง 9403. Program structure.
(a) Department of Revenue duties.--The Department of Revenue
shall:
(1) Provide a space on the form used for State
individual income tax returns where an individual may
designate if the individual, the individual's spouse or any
dependents of the individual are not covered by health
insurance. The following shall apply:
(i) If an individual indicates that the individual,
the individual's spouse or any dependents of the
individual lack health insurance, the individual may
request and consent to evaluation of whether the
individual, the individual's spouse or dependents are
eligible or potentially eligible for no-cost or low-cost
health coverage.
(ii) The individual requesting an evaluation may be
asked for the uninsured individual's name, date of birth
and adjusted gross income as provided on the individual's
Federal income tax return. If an individual makes the
request under this paragraph, the Department of Revenue
shall transmit, as soon as possible to the exchange
authority, any information the exchange authority may
require to determine the uninsured individual's
eligibility or potential eligibility for no-cost or low-
cost health coverage.
(iii) Information transmitted from the Department of
R evenue to the exchange authority under this paragraph
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shall be subject to section 9307 (relating to
confidentiality and disclosure). The information
transmitted by the Department of Revenue shall constitute
an application for health insurance coverage. Unless
otherwise contradicted by other information on record,
information on this application consistent with the tax
filing shall be considered verified upon receipt.
(2) Consult with the exchange authority in developing
language required under paragraph (1) to be included on the
individual income tax return form.
(3) In consultation with the exchange authority, educate
tax filers and tax professionals on the program through
measures that shall include information in the instructions
for the individual income tax return form.
(b) Duties of exchange authority.--The exchange authority
shall:
(1) Determine eligibility or potential eligibility for
no-cost or low-cost health coverage as soon as possible after
receiving the information transmitted by the Department of
Revenue under subsection (a). The following shall apply:
(i) To the maximum extent possible, the exchange
authority's determination of an uninsured individual's
eligibility or potential eligibility for no-cost or low-
cost health coverage shall utilize available information,
including information from third-party data sources and
data described in section 1413 of the Patient Protection
and Affordable Care Act (Public Law 111-148, 124 Stat.
119).
(ii) The exchange authority may contact the
uninsured individual if the exchange authority requires
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additional information to determine the individual's
eligibility or potential eligibility for no-cost or low-
cost health coverage.
(iii) If the exchange authority determines that an
individual is eligible or potentially eligible for no-
cost or low-cost health coverage that is not made
available through the exchange, the exchange shall
transmit the uninsured individual's information to the
Department of Human Services, which shall take action to
enroll the individual in such coverage.
(2) Communicate to the uninsured individual the results
of any eligibility determination. If the individual is
determined eligible or potentially eligible for no-cost or
low-cost health coverage but is ineligible for coverage
through medical assistance or the Children's Health Insurance
Program, the individual shall have a special enrollment
period to select a health insurance policy through the
exchange authority. The special enrollment period under this
paragraph shall last for 60 days from the date the
eligibility determination is mailed to the uninsured
individual. Information about the program and the special
enrollment period described in this paragraph shall be
communicated by the exchange authority to the general public.
ยง 9404. Reports.
(a) Information.--The exchange authority shall compile
information by coverage type on the number of individuals who
are determined by the program to be eligible or potentially
eligible for, and the number of individuals that enroll in, no-
cost or low-cost health coverage.
(b) Reports.--The exchange authority shall submit a report
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two years after the program has been in effect and annually
thereafter containing the above information and any suggested
legislative improvements to the program. The report shall be
available on the exchange authority's publicly accessible
Internet website and a copy of the report shall be
electronically transmitted to:
(1) The chairperson and minority chairperson of the
Banking and Insurance Committee of the Senate.
(2) The chairperson and minority chairperson of the
Insurance Committee of the House of Representatives.
Section 2. The Department of Revenue, in consultation with
the exchange authority, may delay implementation of this act
until the start of the second taxable year after the passage of
this act as may be necessary and appropriate to effectuate the
program. The Department of Revenue shall transmit notice of any
delay under this section to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
Section 3. This act shall take effect immediately.
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