Bill Text: PA HB272 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishing a task force on Lyme disease and related maladies; and providing for powers and duties of the task force, the Department of Health, the Department of Conservation and Natural Resources and the Pennsylvania Game Commission to execute prevention and education strategies.

Spectrum: Slight Partisan Bill (Republican 37-19)

Status: (Engrossed - Dead) 2012-10-17 - Referred to RULES [HB272 Detail]

Download: Pennsylvania-2011-HB272-Introduced.html

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PRINTER'S NO. 225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 272 Session of2011
INTRODUCED BY HESS, BAKER, FLECK, MAJOR, CALTAGIRONE, CARROLL, CAUSER, COHEN, D. COSTA, J. EVANS, GOODMAN, GROVE, HARKINS, HARRIS, KAUFFMAN, M.K. KELLER, KIRKLAND, KORTZ, KOTIK, KULA, MAHONEY, MILLARD, PEIFER, PICKETT, RAPP, SWANGER, TALLMAN, YOUNGBLOOD, MOUL AND BENNINGHOFF, JANUARY 27, 2011
REFERRED TO COMMITTEE ON HEALTH, JANUARY 27, 2011
AN ACT
Establishing a task force on Lyme disease and related maladies;
and providing for powers and duties of the task force, the
Department of Health, the Department of Conservation and
Natural Resources and the Pennsylvania Game Commission and
for required coverage.
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 Lyme and
Related Tick-Borne Disease Education, Prevention and Treatment
Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) Lyme disease and other tick-borne diseases are
carried primarily by ticks and pose a serious threat to the
quality of life of many citizens of this Commonwealth.
(2) The most common way to acquire Lyme disease is to be
bitten by a tick that carries the spirochete.
(3) In 2009, 4,950 confirmed cases of Lyme disease were
reported in this Commonwealth.
(4) Lyme disease is most prevalent in southeastern
Pennsylvania, but it is found across this Commonwealth.
(5) With proper precautions taken while engaged in
outdoor activities, people can greatly reduce their chances
of tick pathogen transmission by making sure that frequent
tick checks are made and ticks are removed and disposed of
promptly and properly.
(6) The early clinical diagnosis and appropriate
treatment of these tick-borne disorders and diseases can
greatly reduce the risks of continued, diverse and chronic
signs and symptoms which can affect every system and organ of
the human body and often every aspect of life.
(7) Left untreated, Lyme disease can cause a number of
signs and symptoms which can become quite severe.
(8) Because the rate of progress of the disease and
differing individual responses to treatment, some patients
may have signs and symptoms that linger for months or even
years following treatment.
Section 3. 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:
"Department." The Department of Health of the Commonwealth.
"Long-term antibiotic or antimicrobial therapy."
Administration of oral, intramuscular or intravenous antibiotics
or antimicrobial medications, singly or in combination, for
periods of more than four weeks.
"Lyme disease." The clinical diagnosis of the presence in a
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patient of signs and symptoms compatible with acute infection
with Borrelia burgdorferi or related Borrelioses, or with the
signs and symptoms of late stage or chronic infection with
Borrelia burgdorferi, or with complications related to such an
infection. The term includes infection which meets the
surveillance criteria set forth by the United States Centers for
Disease Control and Prevention and also includes other acute and
chronic manifestations of such an infection as determined by a
physician.
"Related tick-borne illnesses." Cases of Bartonellosis,
Babesiosis/Piroplasmosis and other tick-transmissible illnesses
as may be empirically associated with Lyme disease.
"Therapeutic purpose." The use of antibiotics to control a
patient's symptoms or signs determined by a physician as
reasonably related to Lyme disease and its sequelae or related
tick-borne illnesses.
Section 4. Legislative intent.
It is the intent of the General Assembly to provide the
public with information and education to create greater public
awareness of the dangers of and measures available to prevent
Lyme disease and related maladies.
Section 5. Task force.
(a) Establishment.--The department shall establish, to the
extent funds are appropriated specifically for the purposes of
this act, a task force on Lyme disease and related tick-borne
diseases.
(b) Purpose.--The task force shall investigate and make
recommendations to the department regarding:
(1) The prevention of Lyme disease and associated tick-
borne diseases in this Commonwealth.
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(2) Raising awareness about the long-term effects of the
misdiagnosis of Lyme disease.
(3) The development of a program of general public
information and education regarding Lyme disease.
(4) Cooperation with the Pennsylvania Game Commission to
disseminate the information required under paragraph (3) to
licensees of the commission and the general public.
(5) Cooperation with the Department of Conservation and
Natural Resources to disseminate the information required
under paragraph (3) to the general public and visitors of
State parks and lands.
(c) Composition.--The task force shall be composed of the
following individuals:
(1) The Secretary of Health or a designee.
(2) The Insurance Commissioner or a designee.
(3) The Deputy Secretary for Conservation and
Engineering Services in the Department of Conservation and
Natural Resources or a designee.
(4) The Director of the Bureau of Information and
Education of the Pennsylvania Game Commission or a designee.
(5) Two physicians licensed in this Commonwealth who are
knowledgeable concerning treatment of early and late stage
Lyme disease and who are members of the International Lyme
and Associated Diseases Society.
(6) An epidemiologist licensed in this Commonwealth
having expertise in spirochetes and related infectious
diseases.
(7) Two individuals representing Lyme disease support
groups.
(d) Convening.--The task force shall convene within 90 days
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after all appointments have been made and shall meet at least
quarterly.
(e) Compensation and expenses.--The members of the task
force shall receive no compensation for their services but shall
be reimbursed for actual and necessary expenses incurred in
performance of their duties. Reimbursement shall be provided by
the department.
(f) Department.--The department shall, to the extent funds
are appropriated specifically for the purposes of this act, have
the following powers and duties:
(1) Develop a program of general public information and
education regarding Lyme disease.
(2) Cooperate with the Pennsylvania Game Commission to
disseminate the information required under paragraph (1) to
licensees of the Pennsylvania Game Commission and the general
public.
(3) Cooperate with the Department of Conservation and
Natural Resources to disseminate the information required
under paragraph (1) to the general public and visitors of
State parks and lands.
(4) Cooperate with the professional associations of
health care professionals to provide the education program
for professionals required under paragraph (1).
Section 6. Required coverage.
(a) Tick-borne illnesses.--Except as provided in subsection
(b), every health care policy which is delivered, issued for
delivery, renewed, extended or modified in this Commonwealth by
a health insurer must cover prescribed treatment for Lyme
disease or related tick-borne illnesses if the diagnosis and
treatment plan are documented in the patient's medical record,
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including long-term therapies, long-term antibiotic or
antimicrobial therapy and treatment as prescribed by the
patient's attending physician.
(b) Exception.--Subsection (a) shall not apply to any of the
following types of insurance:
(1) Hospital indemnity.
(2) Accident.
(3) Specified disease.
(4) Disability income.
(5) Dental.
(6) Vision.
(7) Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) supplement.
(8) Medicare supplement.
(9) Long-term care.
(10) Other limited insurance benefit plans.
Section 7. Effective date.
This act shall take effect immediately.
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