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                                                      PRINTER'S NO. 3319

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2365 Session of 2004


        INTRODUCED BY SATHER, BENNINGHOFF, SEMMEL, SAYLOR, ARMSTRONG,
           BARD, BARRAR, BOYD, CAPPELLI, CAUSER, CRAHALLA, CREIGHTON,
           DeWEESE, FLICK, GEIST, GERGELY, GILLESPIE, GINGRICH, GOOD,
           GRUCELA, HALUSKA, HARRIS, HERMAN, HERSHEY, HORSEY,
           HUTCHINSON, KOTIK, LEH, LEVDANSKY, LEWIS, MANN, MARSICO,
           McCALL, McGEEHAN, R. MILLER, MUSTIO, O'NEILL, PHILLIPS,
           PICKETT, PISTELLA, ROSS, RUBLEY, SCAVELLO, SCHRODER,
           SCRIMENTI, SOLOBAY, STABACK, STERN, T. STEVENSON, SURRA,
           E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRUE, TURZAI, WATSON,
           WEBER AND YOUNGBLOOD, FEBRUARY 10, 2004

        REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 10, 2004

                                     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 joint payment for
    12     ambulance services.

    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 635.2.  Joint Payment for Ambulance Services.--(a)
    19  Whenever direct payment is made to an insured for a claim

     1  covered under a health insurance policy for a service performed
     2  by an ambulance service, the payment shall be made jointly
     3  payable to the insured and the ambulance service to require the
     4  endorsement by each.
     5     (b)  The joint payment required under subsection (a) shall
     6  not apply in the following instances:
     7     (1)  Payment is made under terms of the health insurance
     8  policy in the single name of a provider or ambulance service.
     9     (2)  Evidence of prepayment to the ambulance service is
    10  submitted as part of a claim for payment to the insurer, in
    11  which case payment shall be made in the single name of the
    12  insured.
    13     (3)  The ambulance service waives the right to joint payment.
    14     (c)  This section shall apply to all insurance policies,
    15  subscriber contracts and group insurance certificates issued
    16  under any group master policy delivered or issued for delivery
    17  on or after the effective date of this section and shall also
    18  apply to all renewals of contracts when the renewal date occurs
    19  on or after the effective date of this section.
    20     (d)  The term "ambulance service," when used in this section,
    21  means an entity that regularly engages in the business or
    22  service of providing emergency medical care and transportation
    23  of patients within this Commonwealth. The term includes a mobile
    24  advanced life support service that may or may not transport
    25  patients.
    26     Section 2.  This act shall take effect in 120 days.



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