THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY PIPPY, RAFFERTY, D. WHITE, FONTANA, FERLO AND BREWSTER, APRIL 8, 2011
REFERRED TO BANKING AND INSURANCE, APRIL 8, 2011
Amending the act of July 22, 1974 (P.L.589, No.205), entitled
"An act relating to unfair insurance practices; prohibiting
unfair methods of competition and unfair or deceptive acts
and practices; and prescribing remedies and penalties,"
further providing for unfair acts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(a) of the act of July 22, 1974 (P.L.
589, No.205), known as the Unfair Insurance Practices Act, is
amended by adding a paragraph to read:
Section 5. Unfair Methods of Competition and Unfair or
Deceptive Acts or Practices Defined.--(a) "Unfair methods of
competition" and "unfair or deceptive acts or practices" in the
business of insurance means:
* * *
(15) Knowingly doing any of the following:
(i) Requiring an insured to obtain ophthalmic services and
products from a vision laboratory or company as a condition of
obtaining the payment for the vision services.
(ii) Imposing upon an insured who is not utilizing an
ophthalmic service or product from a vision laboratory or
company a copayment fee or other condition not imposed upon
insureds utilizing an ophthalmic service or product from the
vision laboratory or company.
(iii) Hampering competition in numerous ways, including, but
not limited to:
(A) Utilizing access to patient demographics and health
records, either individually or in the aggregate, to market an
ophthalmic service or product from the vision laboratory or
(B) Suppressing competition based upon quality and service.
(iv) Creating a preferred class of providers that is not
held to uniform conditions of participation under the same
employer's purchased health care contract, vision care contract
or other health insurance contracts.
(v) Requiring the purchase of a minimum quantity or minimum
dollar amount of a specified brand of materials in order to
participate as a provider in a vision or other health care plan.
(vi) Requiring a provider to participate in a vision benefit
plan as a condition of participation in a health care plan.
Section 2. This act shall take effect in 60 days.