PRINTER'S NO. 324
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
350
Session of
2021
INTRODUCED BY BENHAM, KOSIEROWSKI, SANCHEZ, HILL-EVANS,
A. DAVIS, KRAJEWSKI, HOWARD, FIEDLER, DRISCOLL, SCHLOSSBERG,
KENYATTA, HOHENSTEIN, OTTEN, ISAACSON, DEASY, FRANKEL,
GALLOWAY, D. WILLIAMS, CIRESI, WEBSTER, WARREN AND SIMS,
FEBRUARY 3, 2021
REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 3, 2021
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 COVID-19 care coverage.
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 635.8. COVID-19 Care Coverage.--(a) A health
insurance policy or government program covered under this
section that is offered, issued or renewed in this Commonwealth
shall include coverage for, and waive cost-sharing requirements
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related to, medically necessary COVID-19 diagnosis, COVID-19
treatment and COVID-19 prevention.
(b) This section shall expire five years after termination
or expiration of the COVID-19 disaster emergency.
(c) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Cost-sharing." The share of costs covered by the patient,
including deductibles, coinsurance and copayments or similar
charges. The term does not include the payment of health
insurance policy premiums.
"COVID-19." The novel coronavirus as identified in the
COVID-19 disaster emergency.
"COVID-19 diagnosis." In vitro diagnostic and antibody tests
authorized or approved by the United States Food and Drug
Administration for COVID-19 in a manner which complies with the
rules, regulations or guidelines established by the Centers for
Disease Control and Prevention. The term does not mean testing
required for employment.
"COVID-19 disaster emergency." The declaration of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
"COVID-19 prevention." Injectable medications, biologicals
or immunizations authorized or approved by the United States
Food and Drug Administration for COVID-19 in a manner which
complies with the rules, regulations or guidelines established
by the Centers for Disease Control and Prevention.
"COVID-19 treatment." Medical therapeutics approved by the
United States Food and Drug Administration for COVID-19 in a
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manner which complies with the rules, regulations or guidelines
established by the Centers for Disease Control and Prevention.
"Government program." Any of the following:
(1) The Commonwealth's medical assistance program
established under the act of June 13, 1967 (P.L.31, No.21),
known as the "Human Services Code."
(2) The Commonwealth's Children's Health Insurance Program
under Article XXIII-A of this act.
"Health insurance policy." A policy, subscriber contract,
certificate or plan issued by an insurer that provides medical
or health care coverage. The term does not include:
(1) Accident only.
(2) Credit only.
(3) Long-term care or disability income.
(4) Specified disease.
(5) Medicare supplement.
(6) Tricare, including a Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) supplement.
(7) Fixed indemnity.
(8) Dental only.
(9) Vision only.
(10) Workers' compensation.
(11) Automobile medical payment under 75 Pa.C.S. (relating
to vehicles).
"Insurer." An entity that holds a valid license by the
Insurance Department with accident and health authority to issue
a health insurance policy and governed under any of the
following:
(1) This act, including section 630.
(2) The act of December 29, 1972 (P.L.1701, No.364), known
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as the "Health Maintenance Organization Act."
(3) 40 Pa.C.S. Chs. 61 (relating to hospital plan
corporations) and 63 (relating to professional health services
plan corporations).
Section 2. This act shall take effect immediately.
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