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PRINTER'S NO. 1010
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1021
Session of
2023
INTRODUCED BY SANCHEZ, CURRY, DELLOSO, MADDEN, GUENST, BURGOS,
KINSEY, HANBIDGE, HILL-EVANS, FLEMING, NEILSON, WARREN,
N. NELSON, D. WILLIAMS, CERRATO, O'MARA AND TAKAC,
APRIL 24, 2023
REFERRED TO COMMITTEE ON HEALTH, APRIL 24, 2023
AN ACT
Prohibiting discrimination in certain life insurance policies
based on certain drugs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as Lloyd's Law.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adverse action." For an individual applicant or an
individual enrollee, or a group of which an individual applicant
or an individual enrollee is a part, if an individual applicant
or an individual enrollee has filled or is being prescribed an
opioid reversal agent, doing any of the following:
(1) Denying or canceling insurance coverage for an
applicant or enrollee.
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(2) Limiting the amount, extent or kind of coverage
available to an applicant or enrollee.
(3) Charging an applicant or enrollee a rate that is
different from the rate charged to other applicants or
enrollees.
"Applicant." A group or an individual who seeks to obtain
coverage under an insurance policy from an insurer.
"Enrollee." A policyholder, subscriber or covered person
under an insurance policy.
"Insurance policy." A life insurance policy, subscriber
contract, certificate or plan that is offered, issued or renewed
by an insurer.
"Insurer." An entity licensed or authorized to conduct the
business of insurance that is governed under the act of May 17,
1921 (P.L.682, No.284), known as The Insurance Company Law of
1921, including Article XXIV thereof.
Section 3. Prohibition on discrimination.
Notwithstanding any other provision of law, an insurer may
not take an adverse action on a life insurance policy against an
applicant or enrollee solely based on an individual applicant's
or enrollee's prior or current claim or obtainment of a
prescription for an opioid overdose reversal agent.
Section 4. Enforcement.
A violation of this act shall constitute:
(1) Unfair discrimination under section 353 of the act
of May 17, 1921 (P.L.682, No.284), known as The Insurance
Company Law of 1921.
(2) An unfair method of competition and unfair or
deceptive acts or practices under the act of July 22, 1974
(P.L.589, No.205), known as the Unfair Insurance Practices
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Act.
Section 5. Effective date.
This act shall take effect in 60 days.
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