PRINTER'S NO. 1496
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1343
Session of
2023
INTRODUCED BY B. MILLER, NEILSON, CIRESI, FREEMAN, ROWE,
ZIMMERMAN, KIM AND LEADBETER, JUNE 9, 2023
REFERRED TO COMMITTEE ON INSURANCE, JUNE 9, 2023
AN ACT
Amending Title 40 (Insurance) of the Pennsylvania Consolidated
Statutes, in regulation of insurers and related persons
generally, providing for notification requirements for older
adult health insurance policies.
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 45
NOTIFICATION REQUIREMENTS FOR
OLDER ADULT HEALTH INSURANCE POLICIES
Sec.
4501. Definitions.
4502. Power of attorney notification.
§ 4501. 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:
"Agent." A person designated by a principal, who is an older
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adult, in a power of attorney to act on behalf of the principal.
"Health insurance policy." As defined in section 4001
(relating to definitions).
"Older adult." An individual who is 60 years of age or older
and who is a resident of this Commonwealth upon enrollment in a
health insurance policy.
§ 4502. Power of attorney notification.
(a) Duties of insurer.--An insurer shall:
(1) If an older adult is enrolling in a health insurance
policy, ask the older adult if the older adult has a power of
attorney which provides for health care decision making and
request that the older adult provide the name and contact
information of the agent under the power of attorney.
(2) Inform the older adult that the purpose of
collecting the information under paragraph (1) is to provide
the agent with notification of the older adult enrolling in
or canceling a health insurance policy.
(3) If the insurer has an agent on file for an older
adult, notify the agent in writing if the older adult enrolls
in or cancels a health insurance policy and send a copy of
the notification to the older adult. The notification shall
inform the older adult of the rescission period under
subsection (b) and the effect of invoking the right of
rescission.
(b) Rescission period.-- If an agent is notified as provided
under subsection (a), the older adult has the right, within 30
days, to rescind enrollment in or cancellation of the health
insurance policy without penalty.
(c) Revocation of power of attorney.--If an older adult
revokes a power of attorney and notifies the insurer of the
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revocation, the duties of the insurer under subsection (a) shall
not apply.
(d) Defense.--Good faith reliance on the information
provided by an older adult shall be a complete defense to any
civil or criminal action brought against an insurer based on
actions taken by the insurer under this section.
Section 2. The addition of 40 Pa.C.S. Ch. 45 shall apply to
enrollments and cancellations of health insurance policies by
older adults that occur after the effective date of this
section.
Section 3. This act shall take effect in 60 days.
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