THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PASHINSKI, BRIGGS, CALTAGIRONE, CARROLL, CURRY, DAVIS, DePASQUALE, FABRIZIO, FARRY, HARKINS, JOSEPHS, KOTIK, KULA, MURT, NEUMAN, SANTARSIERO, SANTONI, K. SMITH, THOMAS AND WHITE, OCTOBER 3, 2011

REFERRED TO COMMITTEE ON INSURANCE, OCTOBER 3, 2011  

AN ACT

Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An

act relating to insurance; amending, revising, and

consolidating the law providing for the incorporation of

insurance companies, and the regulation, supervision, and

protection of home and foreign insurance companies, Lloyds

associations, reciprocal and inter-insurance exchanges, and

fire insurance rating bureaus, and the regulation and

supervision of insurance carried by such companies,

associations, and exchanges, including insurance carried by

the State Workmen's Insurance Fund; providing penalties; and

repealing existing laws," in casualty insurance, providing

for living wills and advance directives discount.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of May 17, 1921 (P.L.682, No.284), known

as The Insurance Company Law of 1921, is amended by adding a

section to read:

Section 635.6.  Living Wills and Advance Directives

Discount.--(a)  All health insurers authorized to write health

insurance within this Commonwealth shall provide a premium

discount for each insured adult having executed a living will or

advance directive meeting the standards of the Insurance

Department. The discount shall apply to all coverages for all

policy periods beginning within the year following the execution

of a living will or advance directive and shall be approved by

the Insurance Commissioner as part of the insurer's rate filing.

The discount shall not be less than five percent.

(b)  Each policyholder shall file annually with the

policyholder's insurer an Advance Directive/Living Will

Affidavit verifying the execution of a living will or advance

directive to continue to be eligible for the discount on

insurance. The affidavit shall be filed within thirty days of

the anniversary date of the insured's policy.

(c)  As used in this section, the term "health insurer" means

an entity that contracts or offers to contract to provide,

deliver, arrange for, pay for or reimburse any of the costs of

health care services in exchange for a premium, including,

without limitation, an entity licensed under any of the

following:

(1)  This act.

(2)  The act of December 29, 1972 (P.L.1701, No.364), known

as the "Health Maintenance Organization Act."

(3)  40 Pa.C.S. Ch. 61 (relating to hospital plan

corporations) or 63 (relating to professional health services

plan corporations).

Section 2.  This act shall take effect in 120 days.