THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SHAPIRO, DeLUCA, MUSTIO, KILLION, BELFANTI, BRIGGS, CALTAGIRONE, DALEY, DePASQUALE, DeWEESE, D. EVANS, FABRIZIO, FRANKEL, FREEMAN, GERBER, HARKINS, JOSEPHS, LENTZ, LEVDANSKY, McGEEHAN, McILVAINE SMITH, MURPHY, M. O'BRIEN, PASHINSKI, PAYTON, SANTARSIERO, SIPTROTH, K. SMITH, M. SMITH, STABACK, R. TAYLOR, WAGNER, WATERS, WHEATLEY, WHITE AND YOUNGBLOOD, MAY 19, 2010

REFERRED TO COMMITTEE ON INSURANCE, MAY 19, 2010  

AN ACT

Establishing the Pennsylvania Health Insurance Reform

Implementation Authority and providing for its powers and

duties; and establishing the Pennsylvania Health Insurance

Reform Implementation Authority Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Pennsylvania

Health Insurance Reform Implementation Authority Act.

Section 2.  Objectives.

The objectives of this act are as follows:

(1)  To establish an authority that will implement the

provisions of the Patient Protection and Affordable Care Act

(Public Law 111-148, 124 Stat. 119) and whose jurisdiction,

powers and duties concern and are related to advancing the

goal of ensuring that most United States citizens and legal

residents have adequate and affordable health insurance.

(2)  To streamline the process for individuals seeking to

obtain health insurance by eliminating unnecessary

duplication through better coordination between the

Department of Public Welfare and the Insurance Department,

thereby making the administration of the children's health

insurance program, the adult basic coverage insurance program

and the medical assistance program, as well as the temporary

high-risk pool, the American Health Benefit Exchange and the

Small Business Health Options program, more efficient.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Authority."  The Pennsylvania Health Insurance Reform

Implementation Authority.

"Fund."  The Pennsylvania Health Insurance Reform

Implementation Authority Fund.

Section 4.  Pennsylvania Health Insurance Reform Implementation

Authority.

(a)  Establishment.--The Pennsylvania Health Insurance Reform

Implementation Authority is hereby established.

(b)  Membership.--The authority shall consist of the

following members:

(1)  Three members of the general public appointed by the

Governor.

(2)  Two members of the Senate appointed by the Majority

Leader of the Senate.

(3)  Two members of the Senate appointed by the Minority

Leader of the Senate.

(4)  Two members of the House of Representatives

appointed by the Majority Leader of the House of

Representatives.

(5)  Two members of the House of Representatives

appointed by the Minority Leader of the House of

Representatives.

(6)  The Secretary of the Budget.

(7)  The Secretary of Health.

(8)  The Secretary of Public Welfare.

(9)  The Insurance Commissioner.

(c)  Chairperson.--The Governor shall appoint a chairperson

of the authority from one of the three gubernatorial appointees.

A member appointed under subsection (b)(2), (3), (4) or (5) may

appoint a designee to attend meetings on the member's behalf.

(d)  Qualifications.--The members of the authority shall be

21 years of age or older, citizens of the United States and

residents of this Commonwealth.

(e)  Initial appointments.--Initial appointments to the

authority shall be made within 30 days of the effective date of

this section and shall be made as follows:

(1)  Gubernatorial appointees initially appointed under

subsection (b)(1) shall serve initial terms of two, three and

four years, respectively, as designated by the Governor at

the time of appointment and until their successors are

appointed and qualified.

(2)  Legislative appointees initially appointed under

subsection (b)(2), (3), (4) or (5) shall serve until the

third Tuesday in January 2011 and until their successors are

appointed and qualified.

(f)  Terms of office.--Upon the expiration of a term of a

member appointed under subsection (b), the following shall

apply:

(1)  The term of office of a gubernatorial appointee

shall be three years and until a successor is appointed and

qualified.

(2)  The term of office of a legislative appointee shall

be two years and until a successor is appointed and

qualified.

(3)  A legislative appointee shall serve no more than

three full consecutive terms.

(4)  A gubernatorial appointee shall serve no more than

two full consecutive terms.

(g)  Vacancies.--Appointments to fill vacancies shall be made

within 60 days of the creation of the vacancy. Members who are

appointed to fill vacancies may continue to serve on the

authority as follows:

(1)  A member appointed to fill a vacancy under

subsection (f)(1) may serve two full terms following the

expiration of the term related to the vacancy.

(2)  A member appointed to fill a vacancy under

subsection (f)(2) may serve three full terms following the

expiration of the term related to the vacancy.

(h)  Reimbursement for expenses.--Members of the authority

may be reimbursed for reasonable expenses for their attendance

at authority meetings as well as any committee meetings.

(i)  Meetings.--The authority shall hold meetings as often as

necessary but no less than on a quarterly basis. The first

meeting of the authority shall be held within 60 days of the

effective date of this section.

(j)  Quorum.--For the purpose of conducting authority

business, a quorum shall be at least one more than half the

number of authority members.

(k)  Qualified majority vote.--A majority of members of the

authority present at a meeting constitute a qualified majority

vote.

Section 5.  Powers and duties.

(a)  Appointment of chief administrative officer.--Within 90

days of the effective date of this section, the authority shall

appoint a chief administrative officer who, in addition to other

powers and duties conferred upon and delegated by the authority,

shall:

(1)  Serve as the administrative agent of the authority.

(2)  Supervise staff responsible for carrying out the

activities of the authority.

(3)  Serve as a liaison to the authority, applicable

legislative committees, the Treasury Department and other

entities as needed.

(4)  Receive inquiries and requests for information

concerning the authority from the media, Commonwealth

officials, the general public, research organizations and

officials and organizations from other states, and provide

information as authorized by the authority.

(b)  Establishment of committees.--The authority shall

establish such advisory and technical committees as may be

necessary to assist the authority in the performance of its

duties. The committees may be temporary or permanent. Criteria

for membership on the committees shall be determined by the

authority. Committee appointments shall be made by the

authority.

(c)  Powers and duties.--The authority shall have the powers

and perform the duties necessary to manage and coordinate all

health insurance options available to ensure compliance with the

Patient Protection and Affordable Care Act (Public Law 111-148,

124 Stat. 119), including, but not limited to:

(1)  The administration of the children's health

insurance program, the adult basic coverage insurance program

and the medical assistance program, as well as the temporary

high-risk pool, the American Health Benefit Exchange and the

Small Business Health Options program, and their successors.

(2)  The development and implementation of enrollment and

provider reimbursement systems that may be utilized by most

consumers and providers and that are easily integrated for

efficient review and reimbursement.

(3)  The development and distribution of a description of

the authority and its purpose, which shall be disseminated to

the public so that all individuals, families and small

businesses are able to obtain information and assistance.

(4)  The administration of the fund.

(5)  All other powers and duties, as appropriate, for the

purpose of carrying out the provisions of this act.

Section 6.  Establishment of fund.

A special fund is established within the State Treasury to be

known as the Pennsylvania Health Insurance Reform Implementation

Authority Fund for the purpose of carrying out the duties,

functions and powers of the authority. Interest earned by the

fund shall be credited to the fund.

Section 7.  Reports.

(a)  Submission.--The authority shall submit a report on

December 31, 2010, and annually thereafter, to:

(1)  The Clerk of the Senate.

(2)  The Chief Clerk of the House of Representatives.

(3)  The President pro tempore of the Senate.

(4)  The majority leader and minority leader of the

Senate.

(5)  The chairman and minority chairman of the

Appropriations Committee of the Senate.

(6)  The chairman and minority chairman of the Banking

and Insurance Committee of the Senate.

(7)  The chairman and minority chairman of the Public

Health and Welfare Committee of the Senate.

(8)  The Speaker of the House of Representatives.

(9)  The majority leader and minority leader of the House

of Representatives.

(10)  The chairman and minority chairman of the

Appropriations Committee of the House of Representatives.

(11)  The chairman and minority chairman of the Insurance

Committee of the House of Representatives.

(12)  The chairman and minority chairman of the Health

and Human Services Committee of the House of Representatives.

(b)  Contents.--The report shall include statistics on each

health care program administered by the authority, as well as

the American Health Benefit Exchange, pertaining to enrollment,

disenrollment, costs and the fund.

Section 8.  Effective date.

This act shall take effect in 30 days.