Bill Text: PA SB345 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Providing for the expiration of certain State-mandated health care insurance benefits and the provisions of certain acts that impose mandatory covered providers and covered persons on qualified high deductible health plans; and requiring the Health Care Cost Containment Council to submit a periodic report to the General Assembly.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2013-01-30 - Referred to BANKING AND INSURANCE [SB345 Detail]

Download: Pennsylvania-2013-SB345-Introduced.html

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PRINTER'S NO. 267

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

SENATE BILL

No.

345

Session of 2013

 

 

 

INTRODUCED BY FOLMER, MENSCH, HUTCHINSON, WHITE, PILEGGI, WAUGH, ALLOWAY AND BAKER, JANUARY 30, 2013

 

 

REFERRED TO BANKING AND INSURANCE, JANUARY 30, 2013

 

 

 

AN ACT

 

Providing for the expiration of certain State-mandated health
care insurance benefits and the provisions of certain acts
that impose mandatory covered providers and covered persons
on qualified high deductible health plans; and requiring the
Health Care Cost Containment Council to submit a periodic
report to the General Assembly.

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 State-
mandated Health Care Insurance Expiration 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:

"Council." The Health Care Cost Containment Council of the
Commonwealth.

"Health insurance policy." An individual or group health,
sickness or accident policy or subscriber contract or
certificate issued by an entity subject to any one 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) The act of May 18, 1976 (P.L.123, No.54), known as
the Individual Accident and Sickness Insurance Minimum
Standards Act.

(4) 40 Pa.C.S. Ch. 61 (relating to hospital plan
corporations) or 63 (relating to professional health services
plan corporations).

"Qualified high deductible health plan." A health insurance
policy that would qualify as a high deductible health plan under
section 223(c)(2) of the Internal Revenue Code of 1986 (Public
Law 99-514, 26 U.S.C. § 223(c)(2)).

"State-mandated health care insurance benefit." The right,
established by an act of the General Assembly, of an insured
under a health insurance policy to receive reimbursement from
the insurer of an expenditure or cost of a medical test,
procedure or service related to the health of the insured, which
test, procedure or service is provided by a medical provider.

Section 3. Mandatory covered benefit expiration.

(a) Existing provisions affected.--Notwithstanding any other
provision of law to the contrary, the State-mandated health care
insurance benefits under the following provisions of law shall
be inapplicable on and after January 1, 2014, as to qualified
high deductible health plans:

Sections 602-A, 603-A and 2111(4) and (7) of the act of
May 17, 1921 (P.L.682, No.284), known as The Insurance
Company Law of 1921.

Section 4 of the act of May 18, 1976 (P.L.123, No.54),
known as the Individual Accident and Sickness Insurance
Minimum Standards Act.

Section 4 of the act of December 19, 1986 (P.L.1737, No.

209), known as the Insurance Payment to Registered Nurse Law.

Section 3 of the act of May 21, 1992 (P.L.239, No.35),
known as the Childhood Immunization Insurance Act.

Section 4 of the act of April 22, 1994 (P.L.136, No.20),
known as the Women's Preventative Health Services Act.

Section 3 of the act of July 2, 1996 (P.L.514, No.85),
known as the Health Security Act.

Section 4 of the act of December 20, 1996 (P.L.1492, No.

191), known as the Medical Foods Insurance Coverage Act.

(b) Future provisions affected.--Any act or part of an act
of the General Assembly that is enacted after the effective date
of this section and provides for the imposition of a State-
mandated health care insurance benefit on qualified high
deductible health plans shall expire five years after the
effective date of such act or part of the act.

Section 4. Mandatory covered provider expiration.

(a) Existing provisions.--Notwithstanding any other
provision of law to the contrary, the following provisions of
law shall be inapplicable on and after January 1, 2014, as to
qualified high deductible health plans:

The act of December 27, 1965 (P.L.1247, No.506), entitled
"An act relating to the reimbursement or payments for
providing and furnishing optometric services in contracts,
certificates and policies by various insurance and other
companies, and limiting the provisions in relation thereto."

The act of August 12, 1971 (P.L.313, No.78), entitled "An

act providing for elimination of discriminatory provisions
relating to compensation for services and treatment under
sickness and accident insurance contracts and providing for
nondiscriminatory reimbursement of sickness and bodily injury
claims thereunder."

The act of April 18, 1978 (P.L.33, No.16), entitled "An
act providing reimbursement to insured by insurance company
for services performed by a psychologist."

The act of December 23, 1981 (P.L.583, No.168), entitled
"An act providing for reimbursement by insurance companies
and others for facilities used by or for services performed
by licensed certified nurse midwives."

The act of December 19, 1986 (P.L.1737, No.209), known as
the Insurance Payment to Registered Nurse Law.

(b) Future provisions affected.--Any act or part of an act
of the General Assembly that is enacted after the effective date
of this section and requires insurers of health or accident
insurance to reimburse for services provided by any provider of
medical services of any kind under qualified high deductible
health plans shall expire five years after the effective date of
such act or part of the act.

Section 5. Mandatory covered persons expiration.

(a) Existing provisions.--Notwithstanding any other
provision of law to the contrary, the following provisions shall
be inapplicable on and after January 1, 2014, as to qualified
high deductible health plans:

Sections 617(A)(9) and 621.2(d) of the act of May 17, 
1921 (P.L.682, No.284), known as The Insurance Company Law of
1921.

The act of August 1, 1975 (P.L.157, No.81), entitled "An

act providing for the health and welfare of newborn children
and their parents by regulating certain health insurance
coverage for newborn children."

The act of December 16, 1994 (P.L.1333, No.152),
entitled, "An act requiring health insurers to cover adopted
children."

(b) Future provisions affected.--Any act or part of an act
of the General Assembly that is enacted after the effective date
of this section and requires insurers of health or accident
insurance to reimburse for services provided to certain
specified covered persons as insureds under qualified high
deductible health plans expire five years after the effective
date of such act or part of the act.

Section 6. Report to General Assembly.

No later than 60 days prior to the expiration of the
provisions of the acts identified under section 3(a), 4(a) or
5(a) and the expiration of the provisions of an act to which
section 3(b), 4(b) or 5(b) applies, the council shall submit a
written report to the General Assembly that includes an analysis
of the impact that the provisions of those acts identified under
section 3(a), 4(a) or 5(a) or that act to which section 3(b),
4(b) or 5(b) applies, on the cost of health insurance premiums
for qualified high deductible health plans in this Commonwealth.

Section 7. Effective date.

This act shall take effect in 60 days.