Amendment vs bill House Amendment A05215 vs Printer's No. 3615

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PRIOR PRINTER'S NO.
H0470B0455A05215 SFR:EJH 04/22/20 #90 A05215 AMENDMENTS TO HOUSE BILL NO.
455 PRINTER'S NO.
470 Sponsor:
3615 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2019 No.
REPRESENTATIVE GROVE Printer's No.
INTRODUCED BY FRANKEL, DeLUCA, RAVENSTAHL, KORTZ, DONATUCCI, PASHINSKI, STURLA, MADDEN, SAPPEY, MARKOSEK, MULLINS, SANCHEZ, BRIGGS, ZABEL, WILLIAMS, DELLOSO AND MALAGARI, FEBRUARY 11, 2019 AS AMENDED, COMMITTEE ON INSURANCE, HOUSE OF REPRESENTATIVES, APRIL 27, 2020 AN ACT Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An act relating to insurance;
455 Amend Bill, page 1, line 13, by inserting after "benefits" and for coverage for General Assembly and other Commonwealth employees Amend Bill, page 1, lines 17 and 18, by striking out "a section" and inserting sections Amend Bill, page 4, line 9, by striking out all of said line and inserting Section 635.9.
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, the State Workmen's Insurance Fund;
Coverage for General Assembly and Other Commonwealth Employes.--No later than July 1, 2020, or the conclusion of the contract for health insurance coverage that was in effect on the effective date of this section, whichever occurs later, the following shall only participate in health insurance coverage under the Patient Protection and Affordable Care Act (Public Law 111-148, 124 Stat.
providing penalties;
119) or its successor:
and repealing existing laws," in casualty insurance, providing for prohibition on lifetime and annual limits on essential health benefits AND FOR COVERAGE FOR GENERAL ASSEMBLY AND <-- OTHER COMMONWEALTH EMPLOYEES.
(1) All members, officers and employes of the Senate or the House of Representatives.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
(2) All employes of the Governor's Office.
Section 1.
(3) All employes of a department, agency, office, authority, board or commission of the Commonwealth that is subject to the policy supervision and control of the Governor.
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 SECTIONS to read:
(4) All employes of the Office of Lieutenant Governor, the Office of Attorney General, the Department of Auditor General or the Treasury Department.
<-- Section 635.8.
(5) All employes of a board or commission of an entity specified in paragraph (4).
Prohibition on Lifetime and Annual Limits on Essential Health Benefits.--(a) A health insurance policy offered, issued or renewed in this Commonwealth shall not establish a lifetime limit or annual limit of the dollar amount on essential health benefits for an individual.
(6) All employes of a department, agency, office, authority, board or commission of the Commonwealth that is not subject to the policy supervision and control of the Governor.
(b) Notwithstanding any other provision of law, the provisions of this section providing greater protections to individuals insured under a health insurance policy shall be construed to supersede any law relating to a requirement of the Patient Protection and Affordable Care Act (Public Law 111-148, 124 Stat.
119), except to the extent this section prevents the application of a requirement of the Patient Protection and Affordable Care Act.
(c) This act shall apply as follows:
(1) For health insurance policies for which either rates or forms are required to be filed with the Insurance Department or the Federal Government, this act shall apply to any policy for which a form or rate is first filed on or after the effective date of this section.
(2) For health insurance policies for which neither rates nor forms are required to be filed with the Insurance Department or the Federal Government, this act shall apply to any policy issued or renewed on or after one hundred eighty days after the effective date of this section.
(d) The Insurance Department may promulgate regulations necessary for the implementation and administration of this section.
(e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Essential health benefits." Health care services and benefits in the following categories:
(1) Ambulatory patient services.
20190HB0470PN3615 - 2 - (2) Emergency services.
(3) Hospitalization.
(4) Maternity and newborn health care.
(5) Mental health and substance use disorder services, including, but not limited to, behavioral health treatment.
(6) Prescription drugs.
(7) Rehabilitative and habilitative services and devices.
(8) Laboratory services.
(9) Preventive and wellness services and chronic disease management.
(10) Pediatric services, including, but not limited to, oral and vision care.
"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 any of the following policies:
(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.
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(9) Vision only.
(10) Workers' compensation.
(11) Automobile medical payment under 75 Pa.C.S.
(relating to vehicles).
"Health insurer." An entity licensed by the Insurance 20190HB0470PN3615 - 3 - Department with accident and health authority to issue a policy, subscriber contract, certificate or plan that provides medical or health care coverage that is offered or governed under any of the following:
(1) This act, including, but not limited to, section 630 and Article XXIV.
(2) The act of December 29, 1972 (P.L.1701, No.364), known as the "Health Maintenance Organization Act." (3) 40 Pa.C.S.
Ch.
61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations).
This act shall take effect in 30 days.
The provisions of this act are nonseverable.
<-- SECTION 635.9.
If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void ab initio.
COVERAGE FOR GENERAL ASSEMBLY AND OTHER <-- COMMONWEALTH EMPLOYES.--NO LATER THAN JULY 1, 2020, OR THE CONCLUSION OF THE CONTRACT FOR HEALTH INSURANCE COVERAGE THAT WAS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER OCCURS LATER, THE FOLLOWING SHALL ONLY PARTICIPATE IN HEALTH INSURANCE COVERAGE UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (PUBLIC LAW 111-148, 124 STAT.
This nonseverability clause is controlling.
119) OR ITS SUCCESSOR:
Section 3.
(1) ALL MEMBERS, OFFICERS AND EMPLOYES OF THE SENATE OR THE HOUSE OF REPRESENTATIVES.
This act shall take effect as follows:
(2) ALL EMPLOYES OF THE GOVERNOR'S OFFICE.
2020/90SFR/HB0470A05215 - 1 - (1) The addition of section 635.8 of the act shall take effect in 30 days.
(3) ALL EMPLOYES OF A DEPARTMENT, AGENCY, OFFICE, AUTHORITY, BOARD OR COMMISSION OF THE COMMONWEALTH THAT IS SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE GOVERNOR.
(2) The remainder of this act shall take effect immediately.
(4) ALL EMPLOYES OF THE OFFICE OF LIEUTENANT GOVERNOR, THE OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT OF THE AUDITOR GENERAL OR THE TREASURY DEPARTMENT.
2020/90SFR/HB0470A05215 - 2 -
(5) ALL EMPLOYES OF A BOARD OR COMMISSION OF AN ENTITY SPECIFIED IN PARAGRAPH (4).
20190HB0470PN3615 - 4 - (6) ALL EMPLOYES OF A DEPARTMENT, AGENCY, OFFICE, AUTHORITY, BOARD OR COMMISSION OF THE COMMONWEALTH THAT IS NOT SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE GOVERNOR.
SECTION 2.
THE PROVISIONS OF THIS ACT ARE NONSEVERABLE.
IF ANY PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINING PROVISIONS OR APPLICATIONS OF THIS ACT ARE VOID AB INITIO.
THIS NONSEVERABILITY CLAUSE IS CONTROLLING.
SECTION 3.
THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF SECTION 635.8 OF THE ACT SHALL TAKE EFFECT IN 30 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
20190HB0470PN3615 - 5 -