Bill Text: PA SB763 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for optional health insurance coverage for certain children.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2009-04-03 - Referred to BANKING AND INSURANCE [SB763 Detail]

Download: Pennsylvania-2009-SB763-Introduced.html

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PRINTER'S NO. 859
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 763 Session of2009
INTRODUCED BY MUSTO, KITCHEN, WASHINGTON, KASUNIC, LOGAN, RAFFERTY, O'PAKE, STACK, COSTA, GREENLEAF AND WOZNIAK, APRIL 3, 2009
REFERRED TO BANKING AND INSURANCE, APRIL 3, 2009
AN ACT
Amending Title 40 (Insurance) of the Pennsylvania Consolidated
Statutes, providing for optional health insurance coverage
for certain children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 40 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART IV
HEALTH CARE REFORM
Chapter
71. (Reserved)
72. Affordability
73. (Reserved)
74. (Reserved)
75. Miscellaneous Provisions
CHAPTER 71
(RESERVED)
CHAPTER 72
AFFORDABILITY
Sec.
7201. (Reserved).
7202. (Reserved).
7203. (Reserved).
7204. (Reserved).
7205. (Reserved).
7206. Health insurance coverage for certain children of insured
parents.
7207. (Reserved).
7208. (Reserved).
§ 7201. (Reserved).
§ 7202. (Reserved).
§ 7203. (Reserved).
§ 7204. (Reserved).
§ 7205. (Reserved).
§ 7206. Health insurance coverage for certain children of
insured parents.
(a) Option to cover certain children.--An insurer that
issues, delivers, executes or renews health care insurance in
this Commonwealth, under which coverage of a child would
otherwise terminate at a specified age, shall, at the option of
the child's parent or guardian, provide coverage to a child of
the insured beyond that specified age, up through the age of 29,
provided that the child meets all of the following requirements:
(1) Is not married.
(2) Has no dependents.
(3) Is a resident of this Commonwealth or is enrolled as
a full-time student at an institution of higher education in
this Commonwealth.
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(4) Is not covered by another health insurance policy.
(b) Exercise of option.--An insured may exercise the option
provided by subsection (a) at any time during the term of the
policy by notice to the insurer.
(c) Employer contribution.--Employers shall not be required
to contribute to any increased premium charged by the insurer
for the exercise of the option provided by subsection (a), but
such contributions may be agreed to by the employer.
§ 7207. (Reserved).
§ 7208. (Reserved).
CHAPTER 73
(RESERVED)
CHAPTER 74
(RESERVED)
CHAPTER 75
MISCELLANEOUS PROVISIONS
Sec.
7501. Regulations.
7502. Enforcement.
7503. Severability.
§ 7501. Regulations.
(a) Regulations promulgated under this part.--Except as
otherwise provided in this part, the promulgation of regulations
under this part by Commonwealth agencies given the authority to
promulgate regulations shall, until three years from the
effective date of this section, be exempt from the following:
(1) Section 205 of the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law,
Commonwealth Documents Law.
(2) The act of October 15, 1980 (P.L.950, No.164), known
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as the Commonwealth Attorneys Act.
(3) Act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
(b) Other regulations.--If, in the determination of the head
of a Commonwealth agency given authority to promulgate
regulations under this part, rulemaking is needed for purposes
of the safety of patients in this Commonwealth, the Commonwealth
agency may promulgate a final-omitted regulation under the
Regulatory Review Act.
§ 7502. Enforcement.
(a) Determination of violation.--Upon a determination that a
person licensed by the Insurance Department has violated any
provision of this part, the department may, subject to 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action) do any of the following:
(1) Issue an order requiring the person to cease and
desist from engaging in the violation.
(2) Suspend or revoke or refuse to issue or renew the
certificate or license of the offending party or parties.
(3) Impose an administrative penalty of up to $5,000 for
each violation.
(4) Seek restitution.
(5) Impose any other penalty or pursue any other remedy
deemed appropriate by the commissioner.
(b) Other remedies.--The enforcement remedies imposed under
this section are in addition to any other remedies or penalties
which be imposed by any other applicable statute, including the
act of July 22, 1974 (P.L.589, No.205), known as the Unfair
Insurance Practices Act. A violation by any person of this part
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is deemed an unfair method of competition and an unfair or
deceptive act of practice under the Unfair Insurance Practices
Act.
(c) No private cause of action.--Nothing in this part shall
be construed as to create or imply a private cause of action for
violation of this part.
§ 7503. Severability.
(a) General rule.--The provisions of this part are
severable. If any provision of this part or its application to
any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of this part which
can be given effect without the invalid provision or
application.
(b) (Reserved).
(c) (Reserved).
Section 2. This act shall take effect in 60 days.
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