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CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1547, 1698
PRINTER'S NO. 3798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1280
Session of
2017
INTRODUCED BY BENNINGHOFF, BAKER, DeLUCA, MILLARD, FREEMAN,
CAUSER, READSHAW, LONGIETTI, BARRAR, ROZZI, MURT, KINSEY,
DAVIS, D. COSTA, JAMES, KAUFFMAN, WHEELAND, WARD,
CALTAGIRONE, BOBACK, ZIMMERMAN, HILL-EVANS AND MICCARELLI,
APRIL 24, 2017
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MAY 9, 2017
AN ACT
Providing for health insurance coverage requirements for stage
four, advanced metastatic cancer.
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 Fair Access
to Cancer Treatment Act.
Section 2. 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:
"Enrollee." Any policyholder, subscriber, covered person or
other individual who is entitled to receive health care services
under a health insurance plan.
"Health insurance carrier." An entity that offers or issues
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a health insurance plan and is subject to any of the following:
(1) The act of May 17, 1921 (P.L.682, No.284), known as
The Insurance Company Law of 1921.
(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).
"Health insurance plan." A policy, contract, certificate or
agreement offered or issued by a health insurance carrier to
provide for the costs of health care services. The term does not
include the following types of policies:
(1) Accident only.
(2) Limited benefit.
(3) Credit.
(4) Vision.
(5) Dental.
(6) Specified disease.
(7) Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) supplement.
(8) Long-term care or disability income.
(9) Workers' compensation.
(10) Automobile medical payment.
(11) FIXED INDEMNITY.
"Stage four advanced, metastatic cancer." Cancer that has
spread from the primary or original site of the cancer to nearby
tissues, lymph nodes or other areas or parts of the body.
Section 3. Utilization management for stage four, advanced
metastatic cancer drugs.
A health insurance carrier or health insurance plan that,
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directly or indirectly, covers the treatment of stage four,
advanced metastatic cancer shall not require an enrollee to
first fail to successfully respond to a different drug, or prove
a history of failure in use of a different drug, before
providing coverage for a drug to which the following apply:
(1) The drug is approved by the United States Food and
Drug Administration.
(2) The use of the drug is consistent with the best
practices for the treatment of stage four, advanced
metastatic cancer.
Section 4. Applicability.
This act shall apply to insurance plans issued, delivered or
renewed on or after the effective date of this section.
Section 5. Effective date.
This act shall take effect in 60 days.
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