PRIOR PRINTER'S NO. 1256 PRINTER'S NO. 3691
No. 1110 Session of 1997
INTRODUCED BY NAILOR, MICOZZIE, D. W. SNYDER, MASLAND, GEORGE, OLASZ, PETTIT, MANDERINO, SEMMEL, LYNCH, ARGALL, COY, KENNEY, BELARDI, C. WILLIAMS, FAIRCHILD, SCRIMENTI, CURRY, PRESTON, JOSEPHS, HENNESSEY, TRAVAGLIO, BENNINGHOFF, E. Z. TAYLOR, ROHRER, ROBERTS, YOUNGBLOOD, BOSCOLA, TRELLO, RAMOS, STEELMAN, MARSICO, ROSS, EGOLF, PETRARCA, L. I. COHEN AND SEYFERT, APRIL 2, 1997
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 8, 1998
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 insurance coverage 12 for treatment of temporomandibular joint dysfunction and 13 surgery, if medically necessary, for deformities of the 14 maxilla or mandible. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. The act of May 17, 1921 (P.L.682, No.284), known 18 as The Insurance Company Law of 1921, is amended by adding a 19 section to read: 20 Section 633 634. Coverage for Treatment of Temporomandibular <-- 21 Joint Dysfunction and Surgery, if Medically Necessary, for
1 Deformities of the Maxilla or Mandible.--(a) (1) This section <-- 2 shall apply to any individual or group health, sickness or 3 accident policy or subscriber contract or certificate issued by 4 any entity subject to 40 Pa.C.S. Ch. 61 (relating to hospital 5 plan corporations) or 63 (relating to professional health 6 service plan corporation), this act, the act of December 29, 7 1972 (P.L.1701, No.364), known as the "Health Maintenance 8 Organization Act," or the act of December 14, 1992 (P.L.835, 9 No.134), known as the "Fraternal Benefit Societies Code," which 10 provides hospital or medical/surgical coverage. 11 (2) NOTHING IN THIS SECTION SHALL APPLY TO ACCIDENT ONLY, <-- 12 SPECIFIED DISEASE, HOSPITAL INDEMNITY, MEDICARE SUPPLEMENT, 13 LONG-TERM CARE OR OTHER LIMITED BENEFIT HEALTH INSURANCE 14 POLICIES. 15 (b) If an insurance policy, contract or certificate provides 16 coverage for benefits to a resident of this Commonwealth, it 17 shall be deemed to be delivered in this Commonwealth, regardless 18 of whether the insurer issuing or delivering the policy is 19 located within or outside of this Commonwealth. 20 (c) No policy may be issued for delivery in this 21 Commonwealth which: 22 (1) excludes medically necessary nonsurgical or surgical 23 treatment for temporomandibular joint dysfunction by 24 professionals qualified by education, training and experience; 25 or 26 (2) excludes medically necessary surgery for the treatment 27 of functional deformities of the maxilla and mandible. 28 (d) The provisions of this section shall not cover cosmetic 29 or elective orthodontic or periodontal care or general dental 30 care. 19970H1110B3691 - 2 -
1 (e) Nothing in subsection (c)(1) and (2) shall be construed 2 to prevent the application of the deductible, co-insurance or 3 pre-existing condition limitation contained in the policy, 4 contract or certificate. 5 (f) A definition of pre-existing condition does not prohibit 6 an insurer from using an application form designed to elicit the 7 complete health history of the applicant, and on the basis of 8 the answers on that application, from underwriting in accordance 9 with that insurer's established underwriting standards. Unless 10 otherwise provided in the policy, contract or certificate, a 11 pre-existing condition need not be covered until the waiting 12 period is satisfied, as indicated in the policy, contract or 13 certificate. No policy, contract or certificate may exclude or 14 use waivers or riders of any kind to exclude, limit or reduce 15 coverage or benefits for specifically named or described pre- 16 existing diseases or physical conditions beyond the waiting 17 period described in the policy, contract or certificate. 18 (g) Policies, contracts or certificates shall contain a 19 twenty-five thousand dollar ($25,000) lifetime maximum for 20 nonsurgical procedures. The lifetime maximum of the policy shall 21 be applied to surgical procedures. The twenty-five thousand 22 dollar ($25,000) lifetime maximum for nonsurgical procedures 23 does not prevent the company from exercising the option to grant 24 additional benefits for nonsurgical procedures if it is more 25 cost effective than providing benefits for surgery. 26 (h) Ninety (90) days after a nonsurgical procedure, the 27 provider of treatment is required to provide documentation and a 28 narrative, signed by the patient, to the insurer showing the 29 progress of the insured. If the documentation and narrative do 30 not show satisfactory progress, benefits are terminated until a 19970H1110B3691 - 3 -
1 second opinion is received. If the second opinion differs from 2 the treating provider, a revised treatment plan is required. If 3 the second opinion, due to a valid reason, does not differ from 4 the current treatment, the current treatment shall be continued 5 for an additional ninety (90) days at which time the treatment 6 plan will be re-evaluated. 7 (i) Insurers shall require preauthorization for coverage, 8 and providers of treatment shall use a uniform preauthorization 9 request form and follow certain standards which include 10 evidence-based standards and patient-centered standards in 11 determining whether treatment is medically necessary. The 12 following apply: 13 (1) An insurer shall require a preauthorization for 14 nonsurgical treatment, and the provider of treatment shall 15 submit a properly completed Temporomandibular Joint Dysfunction 16 Nonsurgical Treatment Preauthorization Request Form. 17 (2) An insurer shall require a preauthorization for surgical 18 treatment for coverage, and the provider of treatment shall 19 submit a properly completed Temporomandibular Joint Dysfunction 20 Surgical Treatment Preauthorization Request Form. 21 (3) In cases of emergency, the preauthorization form shall 22 be submitted no later than forty-eight (48) hours after the 23 emergency treatment. Providers are permitted only two (2) 24 emergencies with the same patient within one (1) week without 25 preauthorization prior to treatment providing the 26 preauthorization is submitted no later than forty-eight (48) 27 hours after the emergency treatment. 28 (4) The following are standards and requirements for 29 evaluation of claims for temporomandibular dysfunction for 30 medical necessity: 19970H1110B3691 - 4 -
1 (i) To evaluate appropriately a claim for treatment of this 2 disorder, the existence of a skeletal and/or muscular 3 dysfunction shall be documented. 4 (ii) Any maldevelopment that is not treatable with 5 conventional, reversible, nonsurgical treatment, yielding a 6 stable and functional post-treatment occlusion without worsening 7 the patient's original condition, shall be a covered surgical 8 procedure. 9 (iii) Indications for nonsurgical and PROCEDURES IN EXCESS <-- 10 OF TWO HUNDRED DOLLARS ($200) AND ALL surgical treatments shall 11 include evidence of the following: 12 (A) Physical evidence of musculoskeletal, dento-osseous or 13 soft tissue deformity. 14 (B) Imaging evidence of musculoskeletal, dento-osseous or 15 soft tissue deformity. 16 (C) Malocclusion deviating from a normal occlusal 17 relationship that cannot reasonably be corrected by nonsurgical 18 means such as orthodontics or prosthetics. This item is 19 applicable only as evidence for indication of surgical 20 treatment. 21 (D) Inability to open or close the jaw adequately based on 22 medically accepted range of motion standards. These ranges are 23 as follows: forty-eight (48) to fifty-two (52) millimeters 24 vertical and twelve (12) to fourteen (14) millimeters lateral. 25 Adherence to these measurements is recommended. Any deviation 26 should be justified in a report as part of the evidence. 27 (E) A patient history, including the patient's perception of 28 pain, dysfunction and the impact on the patient's quality of 29 life. 30 (iv) The following data shall be submitted so that claims 19970H1110B3691 - 5 -
1 may be evaluated appropriately: 2 (A) A narrative of the patient's clinical condition in 3 conjunction with the Temporomandibular Joint Dysfunction 4 Nonsurgical or Surgical Treatment Preauthorization Form. 5 (B) Mounted study models with appropriate centric record and 6 transcranial x-ray or preferably a corrected tomography. This 7 data may be substituted with appropriate paper documentation 8 using current United States Food and Drug Administration- 9 approved computer imaging systems, for example, MRI, that have 10 the ability to photograph all necessary information. 11 (j) This section shall not be construed to affect any other 12 coverage required under the acts under subsection (a) or to 13 restrict the scope of coverage under any policy, contract or 14 certificate issued or delivered in this Commonwealth to any 15 individual or group. 16 (k) Nothing in this section shall be construed to encourage 17 surgical procedures over appropriate nonsurgical procedures. 18 (l) As used in this section, the term "functional deformity" 19 means a deformity of the bone or joint structure of the maxilla 20 or mandible such that the normal character and essential 21 function of such bone structure is impeded. A "temporomandibular 22 joint" means the connection of the mandible and the temporal 23 bone through the articular disc surrounded by the joint capsule 24 and associated ligaments and tendons. "Temporomandibular joint 25 dysfunction" means congenital or developed anomalies of the 26 temporomandibular joint. An "emergency" means a condition in 27 which immediate medical care is necessary to prevent serious 28 impairment or the death of the individual. 29 Section 2. This act shall take effect in 60 days. A15L40BIL/19970H1110B3691 - 6 -