PRINTER'S NO. 1905
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1330
Session of
2022
INTRODUCED BY K. WARD, MENSCH, COLLETT, PHILLIPS-HILL, BROOKS,
TARTAGLIONE, SCHWANK, VOGEL, STEFANO, DILLON, COMITTA,
ARGALL, GEBHARD, CAPPELLETTI, SANTARSIERO, HUTCHINSON AND
ROBINSON, SEPTEMBER 15, 2022
REFERRED TO BANKING AND INSURANCE, SEPTEMBER 15, 2022
AN ACT
Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
act relating to insurance; amending, revising, and
consolidating the law providing for the incorporation of
insurance companies, and the regulation, supervision, and
protection of home and foreign insurance companies, Lloyds
associations, reciprocal and inter-insurance exchanges, and
fire insurance rating bureaus, and the regulation and
supervision of insurance carried by such companies,
associations, and exchanges, including insurance carried by
the State Workmen's Insurance Fund; providing penalties; and
repealing existing laws," in casualty insurance, providing
for coverage for BRCA-related genetic counseling and testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 17, 1921 (P.L.682, No.284), known
as The Insurance Company Law of 1921, is amended by adding a
section to read:
Section 633.1. Coverage for BRCA-related Genetic Counseling
and Testing.--(a) Any group or individual health, sickness or
accident insurance policy providing hospital or medical/surgical
coverage , group or individual subscriber contract or certificate
issued by an entity subject to 40 Pa.C.S. Ch. 61 (relating to
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hospital plan corporations) or 63 (relating to professional
health services plan corporations), the act of December 29, 1972
(P.L.1701, No.364), known as the "Health Maintenance
Organization Act" or this act or an employe welfare benefit plan
as defined in section 3 of the Employee Retirement Income
Security Act of 1974 (Public Law 93-406, 29 U.S.C. ยง 1001 et
seq.) providing hospital or medical/surgical coverage shall also
provide coverage for BRCA-related genetic counseling and
testing. The minimum coverage required shall include all costs
associated with genetic counseling and, if indicated after
genetic counseling, genetic testing for individuals believed to
be at an increased risk , based on a clinical risk assessment
tool, of potentially harmful mutations in the BRCA1 or BRCA2
genes due to personal or family history of breast or ovarian
cancer.
(b) This section shall not apply to the following types of
policies:
(1) Accident only.
(2) Limited benefit.
(3) Credit.
(4) Dental.
(5) Vision.
(6) Specified disease.
(7) Medicare supplement.
(8) Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) supplement.
(9) Long-term care or disability income.
(10) Workers' compensation.
(11) Automobile medical payment.
(12) Fixed indemnity.
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(13) Hospital indemnity.
Section 2. This act shall apply as follows:
(1) For health insurance policies for which either rates
or forms are required to be filed with the Federal Government
or the Insurance Department, this act shall apply to any
policy for which a form or rate is first filed on or after
the effective date of this section.
(2) For health insurance policies for which neither
rates nor forms are required to be filed with the Federal
Government or the Insurance Department, this act shall apply
to any policy issued or renewed on or after 180 days after
the effective date of this section.
Section 3. This act shall take effect in 60 days.
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