PRIOR PRINTER'S NO. 2393
PRINTER'S NO. 2409
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2072
Session of
2021
INTRODUCED BY M. MACKENZIE, R. MACKENZIE AND FLOOD,
NOVEMBER 10, 2021
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 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 comprehensive health care for
uninsured children, providing for reimbursement for
nonpayment of premiums.
PROVIDING FOR PAYMENT OF DELINQUENT CHILDREN'S HEALTH INSURANCE
PROGRAM PREMIUM BALANCES.
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 2308.1-A. Reimbursement for nonpayment of premiums.
(a) Application.--Notwithstanding section 111-C of the act
of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, a
contractor may apply to the department for reimbursement, from
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Federal money received by the Commonwealth through the
Coronavirus State and Local Fiscal Recovery Fund, for the
nonpayment of premiums by enrollees during any of the following
periods:
(1) From March 1, 2020, to June 30, 2020.
(2) From July 1, 2020, to June 30, 2021.
(3) From July 1, 2021, to December 31, 2021.
(b) Payment.--Following application made in accordance with
subsection (a) and any documentation required by the department
in support of the application, payment shall be made to the
contractor for the requested reimbursement.
Section 2. This act shall take effect in 60 days.
SECTION 1. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PAYMENT OF
DELINQUENT CHILDREN'S HEALTH INSURANCE PROGRAM PREMIUM BALANCES
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:
"CHILDREN'S HEALTH INSURANCE PROGRAM." THE PROGRAM FOR
COMPREHENSIVE HEALTH CARE FOR UNINSURED CHILDREN UNDER ARTICLE
XXIII-A OF THE ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS
THE INSURANCE COMPANY LAW OF 1921.
"CONTRACTOR." AS DEFINED IN SECTION 2301-A OF THE INSURANCE
COMPANY LAW OF 1921.
"DEPARTMENT." THE DEPARTMENT OF HUMAN SERVICES OF THE
COMMONWEALTH.
"ENROLLEE." AN ENROLLEE UNDER ARTICLE XXIII-A OF THE
INSURANCE COMPANY LAW OF 1921.
20210HB2072PN2409 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SECTION 3. PAYMENT OF DELINQUENT PREMIUM BALANCES.
(A) REQUEST.--NOTWITHSTANDING SECTION 111-C OF THE ACT OF
APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, A
CONTRACTOR MAY SUBMIT A WRITTEN REQUEST TO THE DEPARTMENT FOR
PAYMENT OF DELINQUENT CHILDREN'S HEALTH INSURANCE PROGRAM
PREMIUM BALANCES OF ENROLLEES FROM FEDERAL MONEY RECEIVED BY THE
COMMONWEALTH THROUGH THE CORONAVIRUS STATE FISCAL RECOVERY FUND
DURING ANY OF THE FOLLOWING PERIODS:
(1) FROM MARCH 1, 2020, TO JUNE 30, 2020.
(2) FROM JULY 1, 2020, TO JUNE 30, 2021.
(3) FROM JULY 1, 2021, TO DECEMBER 31, 2021.
(B) FORMS.--THE DEPARTMENT SHALL DEVELOP A FORM TO BE USED
BY A CONTRACTOR REQUESTING PAYMENT UNDER THIS SECTION. THE
FOLLOWING APPLY:
(1) THE FORM MUST REQUIRE SUFFICIENT INFORMATION FOR THE
DEPARTMENT TO VERIFY THE AMOUNT OF THE REQUESTED PAYMENT.
(2) IF NECESSARY, THE DEPARTMENT MAY REQUIRE SUPPORTING
DOCUMENTATION FROM THE CONTRACTOR.
(C) SUBMITTAL.--TO BE ELIGIBLE TO RECEIVE PAYMENT OF
DELINQUENT PREMIUM BALANCES UNDER THIS SECTION, THE CONTRACTOR
MUST COMPLETE THE FORM UNDER SUBSECTION (B) AND SUBMIT THE FORM
TO THE DEPARTMENT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
SECTION IN ADDITION TO ANY OTHER SUPPORTING DOCUMENTATION
REQUESTED BY THE DEPARTMENT FOR THE PURPOSE OF VERIFYING THE
AMOUNT OF THE REQUESTED PAYMENT.
(D) PAYMENT.--TO THE EXTENT THAT MONEY IS AVAILABLE, THE
DEPARTMENT SHALL MAKE PAYMENT TO THE CONTRACTOR FOR THE AMOUNT
OF DELINQUENT PREMIUM BALANCES VERIFIED BY THE DEPARTMENT IN
ACCORDANCE WITH THIS SECTION.
(E) CERTIFICATION AND APPROPRIATION.--
20210HB2072PN2409 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) WITHIN 120 DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT SHALL CALCULATE THE AGGREGATE AMOUNT
OF CONTRACTOR PAYMENT REQUESTS VERIFIED AS ACCURATE AND
APPROPRIATE.
(2) THE SECRETARY OF THE BUDGET SHALL CERTIFY TO THE
GENERAL ASSEMBLY THE CALCULATION UNDER PARAGRAPH (1).
(3) MONEY CERTIFIED UNDER PARAGRAPH (2) IS APPROPRIATED
TO THE DEPARTMENT FROM THE COVID-19 RESPONSE RESTRICTED
ACCOUNT FOR THE PAYMENT OF DELINQUENT PREMIUM BALANCES IN
ACCORDANCE WITH THIS ACT.
SECTION 4. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
20210HB2072PN2409 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12