PRINTER'S NO. 1022
No. 865 Session of 2003
INTRODUCED BY KENNEY, MACKERETH, TURZAI, LEDERER, ADOLPH, BAKER,
BELARDI, BELFANTI, BENNINGHOFF, BISHOP, BOYES, BROWNE,
BUXTON, CIVERA, CLYMER, CORNELL, CREIGHTON, CURRY, DALLY,
DERMODY, DeWEESE, DiGIROLAMO, EACHUS, GEIST, GEORGE, HARHAI,
HARHART, HORSEY, JOSEPHS, KELLER, LaGROTTA, LAUGHLIN,
MAITLAND, MANDERINO, MANN, MARSICO, McNAUGHTON, MELIO,
S. MILLER, MUNDY, NAILOR, OLIVER, PISTELLA, REICHLEY,
ROEBUCK, ROSS, RUBLEY, SANTONI, SCAVELLO, SCHRODER, SHANER,
B. SMITH, STABACK, STERN, STURLA, SURRA, E. Z. TAYLOR,
J. TAYLOR, THOMAS, TIGUE, WATSON, YOUNGBLOOD AND YUDICHAK,
MARCH 13, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 13, 2003
AN ACT
1 Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
2 act relating to insurance; amending, revising, and
3 consolidating the law providing for the incorporation of
4 insurance companies, and the regulation, supervision, and
5 protection of home and foreign insurance companies, Lloyds
6 associations, reciprocal and inter-insurance exchanges, and
7 fire insurance rating bureaus, and the regulation and
8 supervision of insurance carried by such companies,
9 associations, and exchanges, including insurance carried by
10 the State Workmen's Insurance Fund; providing penalties; and
11 repealing existing laws," providing for coverage of treatment
12 ordered by worksite-based employee assistance programs.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of May 17, 1921 (P.L.682, No.284), known
16 as The Insurance Company Law of 1921, is amended by adding a
17 section to read:
18 Section 609-A. Treatment Decisions.--(a) Notwithstanding
1 the limitations of section 602-A, any purchaser of a health
2 policy which provides for alcohol and drug abuse and dependency
3 treatment and which purchaser has established a worksite-based
4 employe assistance program which addresses alcohol and drug
5 abuse and dependency issues and which employs certified employe
6 assistance professionals shall be entitled to coverage from the
7 health policy for any alcohol or drug abuse and dependency
8 treatment recommended by the certified employe assistance
9 professionals so long as those services are within the benefit
10 package of the health policy.
11 (b) Certified employe assistance professionals and employe
12 assistance programs are prohibited from receiving compensation
13 for referrals as provided in 18 Pa.C.S. § 4117(b)(2) and (3)
14 (relating to insurance fraud).
15 (c) As used in this section:
16 "Employe assistance program" is a worksite-based program
17 designed to assist work organizations to address issues of
18 productivity and to confidentially assist employes in
19 identifying and resolving personal concerns, including, but not
20 limited to: health, marital, family, financial, alcohol and
21 drug, legal, emotional, stress or other personal issues that may
22 affect job performance.
23 "Certified employe assistance professionals" are the
24 professional employes employed by the employe assistance program
25 to provide assistance in the workplace.
26 (d) Under the provisions of this act, employe assistance
27 services and programs shall not be provided by any entity by
28 contract with the employer.
29 Section 2. All acts and parts of acts are repealed insofar
30 as they are inconsistent with this act.
20030H0865B1022 - 2 -
1 Section 3. This act shall take effect in 60 days.
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