Amendment 3247 to House Bill 181 P.N. 1461, Regular Session 2023-2024

H0181B1461A03247 MAB:JSL 12/11/23 #90 A03247

AMENDMENTS TO HOUSE BILL NO. 181

Sponsor: REPRESENTATIVE DAWKINS

Printer's No. 1461

Amend Bill, page 1, line 1, by striking out "Insurance"

Amend Bill, page 1, line 2, by striking out "Insurance"

Amend Bill, page 1, line 10, by striking out "Insurance"

Amend Bill, page 1, line 11, by striking out "Insurance"

Amend Bill, page 1, line 13, by striking out "insurance"

Amend Bill, page 2, by inserting between lines 4 and 5

Section 310. Employer waiver to use private plan.

Amend Bill, page 2, line 12, by striking out "Insurance"

Amend Bill, page 2, line 26, by striking out "Insurance"

Amend Bill, page 2, line 29, by striking out "insurance"

Amend Bill, page 3, line 1, by striking out "insurance"

Amend Bill, page 3, line 6, by striking out "insurance"

Amend Bill, page 3, line 14, by striking out "insurance"

Amend Bill, page 3, by inserting between lines 14 and 15

"Attesting third party." A law enforcement official,

licensed health care professional, licensed social worker,

victim advocate or victim service provider.

"Authorized reason for leave for a qualifying act of

violence." Any of the following:

(1) To seek or obtain medical attention, rehabilitative

services, accessibility equipment or other treatment related

to a physical or mental injury or disability caused or

aggravated by the applicable qualifying act of violence.

(2) To recover from a physical or mental injury or

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disability caused or aggravated by the applicable qualifying

act of violence.

(3) To seek or obtain services from a victim service

provider in relation to the applicable qualifying act of

violence.

(4) To seek or obtain mental health treatment or other

counseling in relation to the applicable qualifying act of

violence.

(5) To relocate or engage in the process of securing a

new residence due to the applicable qualifying act of

violence, including securing temporary or permanent housing

or enrolling children in a new school.

(6) To seek or obtain financial services or meet with a

financial professional to address financial issues resulting

from the applicable qualifying act of violence.

(7) To seek, obtain or provide child care or care to a

care-dependent adult necessary as a result of the applicable

qualifying act of violence.

(8) To seek or obtain legal services related to or

resulting from the applicable qualifying act of violence.

(9) To prepare for, participate in or attend a civil,

administrative or criminal legal proceeding relating to or

resulting from the applicable qualifying act of violence.

(10) To make modifications to a home or vehicle

necessary to create usability of and accessibility to the

home or vehicle due to an injury sustained in a qualifying

act of violence.

(11) To take any other action necessary to protect or

restore physical, mental, emotional or economic well-being as

a result of the applicable qualifying act of violence.

Amend Bill, page 3, line 16, by striking out "as" and

inserting

for

Amend Bill, page 3, line 16, by striking out "insurance"

Amend Bill, page 3, line 19, by striking out "Insurance"

Amend Bill, page 4, by inserting between lines 21 and 22

"Domestic violence." The occurrence of any of the following

acts between family or household members as defined in 23

Pa.C.S. § 6102(a) (relating to definitions):

(1) Intentionally, knowingly or recklessly causing, or

attempting to cause, bodily injury, serious bodily injury or

sexual violence.

(2) Placing another individual in reasonable fear of

imminent serious bodily harm.

(3) An act of domestic and other violence as defined in

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55 Pa. Code § 3041.3 (relating to definitions).

(4) The infliction of false imprisonment under 18

Pa.C.S. § 2903 (relating to false imprisonment).

"Eligible employee." An employee who meets the requirements

of section 303(b)(1) and (2).

Amend Bill, page 5, line 28, by striking out "insurance"

Amend Bill, page 5, line 30, by striking out "Insurance"

Amend Bill, page 6, line 16, by striking out "Insurance"

Amend Bill, page 6, by inserting between lines 17 and 18

"Qualifying act of violence." An act, conduct or pattern of

conduct that could constitute any of the following, regardless

of whether anyone is arrested or charged with committing a

crime:

(1) Domestic violence.

(2) Sexual violence.

(3) Stalking.

(4) An act or conduct in which a person uses force to

cause or attempt to cause physical or mental injury to

another. For purposes of this paragraph, the act or conduct

does not include an act or conduct arising out of the

ownership, maintenance or use of a motor vehicle, except when

the person engaging in the act or conduct:

(i) intended to cause, or intended to threaten to

cause, physical or mental injury; or

(ii) was under the influence of alcohol or a

controlled substance.

(5) An act or conduct in which a person makes a

reasonably perceived or actual threat of physical or mental

injury to another. For purposes of this paragraph, the act or

conduct does not include an act or conduct arising out of the

ownership, maintenance or use of a motor vehicle, except when

the person engaging in the act or conduct:

(i) intended to cause, or intended to threaten to

cause, physical or mental injury; or

(ii) was under the influence of alcohol or a

controlled substance.

Amend Bill, page 6, by inserting between lines 21 and 22

"Retaliatory personnel action." As follows:

(1) Any threat, discipline, discharge, suspension,

demotion, reduction of hours or other adverse action taken

against an employee for exercising the rights and protections

afforded by this act.

(2) The term includes interference with or punishment

for participating in or acting on a complaint or appeal under

this act.

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Amend Bill, page 6, by inserting between lines 27 and 28

"Sexual violence." As defined in 42 Pa.C.S. § 62A03

(relating to definitions).

"Stalking." Conduct in which an individual does any of the

following:

(1) Engages in a course of conduct or repeatedly commits

acts toward another individual, including following the other

individual without proper authority:

(i) under circumstances which demonstrate either an

intent to place the other individual in reasonable fear

of bodily injury or to cause substantial emotional

distress to the other individual; or

(ii) which, as a result, intentionally, knowingly or

recklessly places the other individual in reasonable fear

of bodily injury or causes substantial emotional distress

to the other individual.

(2) Engages in a course of conduct or repeatedly

communicates to another individual:

(i) under circumstances which demonstrate or

communicate either an intent to place the other

individual in reasonable fear of bodily injury or to

cause substantial emotional distress to the other

individual; or

(ii) which, as a result, intentionally, knowingly or

recklessly places the other individual in reasonable fear

of bodily injury or causes substantial emotional distress

to the other individual.

Amend Bill, page 7, by inserting between lines 5 and 6

"Victim." Any of the following:

(1) An individual against whom a qualifying act of

violence was committed.

(2) An individual who was physically present at the

scene of a qualifying act of violence and witnessed the

qualifying act of violence, who did not commit the qualifying

act of violence and who as a direct result:

(i) suffers physical or mental injury; or

(ii) reasonably believes that the individual is

under the threat of physical harm.

"Victim advocate." An individual, whether paid or serving as

a volunteer, who provides services to victims under the auspices

or supervision of a victim service provider, a court or law

enforcement or prosecution agency.

"Victim service provider." As follows:

(1) An agency or organization that provides services to

victims.

(2) The term includes:

(i) A rape crisis center as defined in 42 Pa.C.S. §

5945.1(a) (relating to confidential communications with

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sexual assault counselors).

(ii) A domestic violence program as defined in 23

Pa.C.S. § 6102(a).

(iii) An agency or organization with a documented

history of providing services to victims.

Amend Bill, page 7, line 9, by striking out "INSURANCE"

Amend Bill, page 7, line 10, by striking out "Insurance"

Amend Bill, page 7, line 14, by striking out "Insurance"

Amend Bill, page 7, line 15, by striking out "No" and

inserting

Except as provided under section 310, no

Amend Bill, page 7, line 17, by striking out "insurance"

Amend Bill, page 7, line 20, by striking out "and" and

inserting a comma

Amend Bill, page 7, line 22, by inserting after "condition"

and any certification required from a victim of a qualifying

act of violence to support a claim

Amend Bill, page 8, line 27, by striking out "premium"

Amend Bill, page 9, line 13, by striking out "PREMIUM"

Amend Bill, page 9, line 25, by striking out "any and"

Amend Bill, page 10, line 7, by striking out "insurance"

Amend Bill, page 10, line 8, by inserting after "benefits"

, denial of a waiver under section 310, denial of family and

medical leave benefits provided through a private plan under

section 310

Amend Bill, page 10, line 17, by striking out "insurance"

Amend Bill, page 11, by inserting between lines 6 and 7

(6) Is a victim of a qualifying act of violence or is

caring for a family member who is a victim of a qualifying

act of violence and is taking leave for an authorized reason

for leave for a qualifying act of violence.

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Amend Bill, page 11, line 9, by striking out "have"

Amend Bill, page 11, line 10, by striking out "Worked" and

inserting

Have worked

Amend Bill, page 11, line 12, by striking out "Earned" and

inserting

Have earned

Amend Bill, page 11, by inserting between lines 19 and 20

(3) Not be employed by an employer that has been issued

a waiver under section 310.

Amend Bill, page 12, line 8, by striking out "cannot" and

inserting

may not

Amend Bill, page 12, line 14, by inserting after

"certification"

or qualifying act of violence certification

Amend Bill, page 12, line 19, by striking out "and (4) that

justify" and inserting

or (4) that justifies

Amend Bill, page 12, line 29, by striking out "SHALL" and

inserting

may

Amend Bill, page 13, by inserting between lines 1 and 2

(g) Qualifying act of violence certification.--The

department may require that an employee, within a reasonable

period after the absence, provide documentation that the

employee or family member of the employee is a victim of a

qualifying act of violence. The following apply:

(1) The employee may satisfy the certification

requirement by providing to the department any of the

following:

(i) A copy of a valid court order that restrains the

person alleged to have committed the qualifying act of

violence from contact with the employee or family member

of the employee.

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(ii) Medical or mental health records indicating

that the employee or family member of the employee is a

victim of a qualifying act of violence.

(iii) A police report documenting the act of which

the employee or family member of the employee is a victim

of a qualifying act of violence.

(iv) Evidence that the person alleged to have

committed the qualifying act of violence has been charged

with or convicted of an act of which the employee or

family member of the employee is a victim.

(v) A written certification signed by an attesting

third party that affirms that the employee or family

member of the employee is a victim of a qualifying act of

violence.

(vi) Any other form of documentation that reasonably

verifies that the employee or family member of the

employee is a victim of a qualifying act of violence,

including a written statement signed by the employee or

an individual authorized to act on behalf of the

employee.

(2) Furnishing documentation or providing a

certification under this subsection shall not waive any

confidentiality or privilege that may exist between the

employee or victim and a third party.

(3) The department may not require:

(i) That the employee provide a certification that

explains the details of the qualifying act of violence.

(ii) Disclosure of details relating to a qualifying

act of violence or the details of the medical condition

of the employee or family member of the employee as a

condition of providing leave under this act.

(4) All information provided to the department under

this subsection shall be retained in the strictest confidence

by the department, except to the extent that disclosure is:

(i) requested or consented to in writing by the

employee; or

(ii) otherwise required by applicable Federal or

State law, in which case the department shall provide the

employee notice prior to any authorized disclosure.

Amend Bill, page 13, line 2, by striking out "(G)" and

inserting

(h)

Amend Bill, page 13, line 7, by striking out "(H)" and

inserting

(i)

Amend Bill, page 13, line 8, by inserting after "AN"

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eligibility

Amend Bill, page 13, line 10, by striking out "(I)" and

inserting

(j)

Amend Bill, page 13, line 17, by striking out "or" and

inserting a comma

Amend Bill, page 13, line 17, by inserting after "(3)"

or (6)

Amend Bill, page 13, line 22, by striking out "cannot" and

inserting

may not

Amend Bill, page 16, line 26, by striking out all of said

line and inserting

dependents.

(ix) The amount of any

Amend Bill, page 17, line 19, by striking out "insurance"

Amend Bill, page 17, line 22, by striking out "insurance"

Amend Bill, page 18, line 2, by striking out "premium"

Amend Bill, page 18, line 3, by striking out "premium"

Amend Bill, page 18, line 5, by striking out "any"

Amend Bill, page 18, line 6, by striking out "premium"

Amend Bill, page 18, line 7, by striking out "premium"

Amend Bill, page 18, line 11, by striking out "PREMIUM"

Amend Bill, page 18, line 13, by inserting after "ALL"

applicable

Amend Bill, page 18, line 18, by striking out "premium"

Amend Bill, page 18, line 29, by striking out "premium"

Amend Bill, page 19, by inserting between lines 1 and 2

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(4) An employer may deduct up to 50% of the contribution

required for an employee by this section from that employee's

wages and shall remit 100% of the contribution required by

this section from both the employer and those employees to

the fund, as follows:

(i) An employer with fewer than 15 employees may

deduct up to 50% of the contribution required for an

employee by this section from that employee's wages and

shall remit 50% of the contribution required by this

section to the fund.

(ii) To determine an employer's number of employees

under this subsection, all of an employer's employees

shall be counted, including full-time, part-time and

temporary in-State employees and all out-of-State

employees.

Amend Bill, page 19, line 4, by striking out "premium"

Amend Bill, page 19, line 5, by striking out "An" and

inserting

Except for an employer issued a waiver under section 310, an

Amend Bill, page 19, line 6, by striking out "premium"

Amend Bill, page 19, line 17, by striking out "insurance"

Amend Bill, page 19, line 20, by striking out "shall" and

inserting

may

Amend Bill, page 19, line 27, by striking out "Any" and

inserting

Amend Bill, page 20, line 8, by striking out "was"

Amend Bill, page 20, line 18, by striking out "shall" and

inserting

may

Amend Bill, page 21, lines 3 through 9, by striking out all

of said lines

Amend Bill, page 22, by inserting between lines 18 and 19

Section 310. Employer waiver to use private plan.

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(a) Waiver.--An employer may apply to the department for a

waiver to meet the employer's obligations under this chapter

through a private plan. The application shall be submitted on a

form and in a manner prescribed by the department. The

department may approve a private plan and issue a waiver under

this section if a private plan confers at least all of the same

rights, protections and benefits provided to employees under

this chapter and if the employer provides evidence that it has

in effect a self-funded plan governed under the Employee

Retirement Income Security Act of 1974 (Public Law 93-406, 88

Stat. 829) or an insurance policy issued by an entity that has a

certificate of authority to do the business of insurance as

required by section 208 of the act of May 17, 1921 (P.L.789,

No.285), known as The Insurance Department Act of 1921. The

private plan shall comply with all of the requirements under

this chapter, including the following:

(1) Benefits to a covered individual under section

303(a)(1), (3) and (6) for the maximum number of weeks

required under section 304(a) in a benefit year.

(2) Benefits to a covered individual under section

303(a)(2), (4) and (5) for the maximum number of weeks

required under section 304(b) in a benefit year.

(3) Covered individuals, in the aggregate, the maximum

number of weeks of benefits in a benefit year as required

under section 304(c).

(4) A weekly wage replacement rate for each week of

benefits of the amount required by section 305(a).

(5) A maximum weekly benefit for each week of benefits

of the amount specified in section 305(b).

(6) Payment of benefits in accordance with section

303(f) and (i).

(7) The allowance of leave and benefits to be taken

intermittently or on a reduced schedule as authorized by

section 307.

(8) For the adjustment of the maximum benefit cap in

accordance with the notice published annually in the

Pennsylvania Bulletin under section 305(c).

(9) That no additional conditions or restrictions on the

use of leave or benefits beyond those explicitly authorized

by this act or regulations promulgated under this act shall

be imposed.

(10) An employee covered under the private plan who is

eligible to receive benefits under this act, with benefits

under the private plan.

(11) That the cost to employees covered by a private

plan shall not be greater than the cost charged to employees

under section 306(c) and posted on the department's publicly

accessible Internet website under section 306(c)(3).

(12) Coverage consistent with section 303(b)(1) and (2).

(b) Construction.--Nothing in this act shall prohibit an

employer from providing benefits greater than those listed in

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subsection (a).

under subsection (a), an employer shall meet all of the

following requirements:

(1) If the private plan is in the form of self-funded

coverage, an employer must furnish a bond running to the

Commonwealth, issued by an entity authorized to transact

surety business in this Commonwealth under Article VI(e) of

the act of May 17, 1921 (P.L.682, No.284), known as The

Insurance Company Law of 1921. The form of surety shall be on

a form approved by the Insurance Department and in an amount

required by the department.

(2) The private plan shall provide for all eligible

employees throughout the employee's period of employment.

(3) An employer that provides a private plan under this

section shall provide each employee with a notice of the

availability of the program. The notice shall be provided to

each employee within five days of approval of a waiver, upon

hire and annually thereafter.

(d) Additional documentation to be submitted upon

approval.--Upon approval of an application for an exemption:

(1) The employer shall provide to the department all

reports required by regulations promulgated by the

department.

(2) If an exemption is based on the employer having a

self-funded plan, the employer shall provide satisfactory

evidence of maintenance of the form of surety as required by

the department under subsection (c)(1).

(e) Termination of waiver.--The department may terminate

approval to use a private plan granted under subsection (a) if

the secretary finds that the terms and conditions have been

violated or that the employer or private plan has failed to

confer any right, protection or benefit afforded to employees

under this chapter. The department shall be required to notify

an employer of a terminated waiver. Causes for termination of a

waiver shall include:

(1) failure to pay benefits;

(2) failure to pay benefits timely and in a manner

consistent with the program;

(3) failure to maintain an adequate security deposit;

(4) misuse of private plan trust funds;

(5) failure to submit any and all reports as required by

regulations promulgated by the department; or

(6) failure to comply with this section or regulations

promulgated by the department.

(f) Appeal.--If the secretary terminates a waiver for a

private plan under subsection (e), the employer shall have the

ability to appeal the decision of the secretary through the

regulatory process established under section 302.

(g) Protections and enforcement.--An employee covered under

a private plan shall retain all employee protections under

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section 308 and enforcement procedures and the appeals process

under section 302(c). The following shall apply:

(1) Applicable enforcement procedures and the appeals

process for benefits by an employer-funded plan shall be

subject to an appeal under section 302(c).

(2) Applicable enforcement procedures and the appeals

process for benefits by an insurance policy shall be subject

to review as outlined in the policy of insurance and

applicable insurance law.

(3) If all appeals under the policy of insurance have

been exhausted, an individual may appeal to the department on

a form and in a manner prescribed by the department.

Amend Bill, page 22, line 22, by striking out "Upon" and

inserting

Except for an employer that has been issued a waiver under

section 310, upon

Amend Bill, page 23, lines 11 and 12, by striking out "for

violations" and inserting

alleging a violation

Amend Bill, page 26, line 12, by striking out "Insurance"

Amend Bill, page 26, line 14, by striking out "Insurance"

Amend Bill, page 26, line 16, by striking out "premium"

Amend Bill, page 27, line 20, by striking out "premium"

Amend Bill, page 28, line 23, by striking out "Insurance"

Amend Bill, page 28, by inserting after line 30

(3) The Insurance Commissioner or a designee.

Amend Bill, page 29, line 1, by striking out "(3)" and

inserting

(4)

Amend Bill, page 29, line 3, by striking out "(4)" and

inserting

(5)

Amend Bill, page 29, line 6, by striking out "(5)" and

inserting

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(6)

Amend Bill, page 30, line 3, by striking out "303(G)" and

inserting

303(i)

Amend Bill, page 30, line 4, by striking out "SHALL" and

inserting

may

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