Bill Text: PA HB1589 | 2009-2010 | Regular Session | Introduced


Bill Title: In health and accident insurance, further providing for coverage for prescription contraceptive drugs and devices.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Introduced - Dead) 2009-06-02 - Referred to INSURANCE [HB1589 Detail]

Download: Pennsylvania-2009-HB1589-Introduced.html

  

 

    

PRINTER'S NO.  1970

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1589

Session of

2009

  

  

INTRODUCED BY WAGNER, BRENNAN, BUXTON, CALTAGIRONE, DePASQUALE, FRANKEL, GERBER, JOSEPHS, MAHONEY, MANDERINO, MANN, McGEEHAN, McILVAINE SMITH, MUNDY, M. O'BRIEN, PARKER, ROSS, SIPTROTH, STURLA, WHITE AND YOUNGBLOOD, JUNE 2, 2009

  

  

REFERRED TO COMMITTEE ON INSURANCE, JUNE 2, 2009  

  

  

  

AN ACT

  

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Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An

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act relating to insurance; amending, revising, and

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consolidating the law providing for the incorporation of

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insurance companies, and the regulation, supervision, and

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protection of home and foreign insurance companies, Lloyds

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associations, reciprocal and inter-insurance exchanges, and

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fire insurance rating bureaus, and the regulation and

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supervision of insurance carried by such companies,

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associations, and exchanges, including insurance carried by

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the State Workmen's Insurance Fund; providing penalties; and

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repealing existing laws," in health and accident insurance,

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further providing for coverage for prescription contraceptive

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drugs and devices.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of May 17, 1921 (P.L.682, No.284), known

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as The Insurance Company Law of 1921, is amended by adding a

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section to read:

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Section 633.1.  Coverage for Prescription Contraceptive Drugs

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and Devices and for Outpatient Medical or Counseling Services

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Necessary for the Effective Use of Contraception.--(a)  Every

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health insurance policy delivered, issued, executed or renewed

 


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in this Commonwealth on or after the effective date of this

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section shall provide coverage for the expenses of:

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(1)  Any prescription contraceptive drug.

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(2)  Any prescription contraceptive device.

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(3)  Any outpatient medical or counseling service necessary

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for the effective use of contraception.

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(b)  Nothing in this act shall be construed to prevent a

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health insurance policy from imposing any co-payment, deductible

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or other cost-sharing mechanism or premium differential in

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relation to any of the following coverage, provided that the

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limitation for the coverage is not greater than or different

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from all other co-payments, deductibles or other cost-sharing

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mechanisms or premium differentials imposed under general terms

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and conditions under the policy: coverage for prescription

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contraceptive drugs, prescription contraceptive devices and

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outpatient medical or counseling services necessary for the

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effective use of contraception.

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(c)  As used in this section, the following words and phrases

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shall have the meanings given to them in this subsection:

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"Health insurance policy."

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(1)  Any individual or group health insurance policy,

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contract or plan which provides medical or health care coverage

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by any health care facility or licensed health care provider on

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an expense-incurred service or prepaid basis and which is

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offered by or is governed under any of the following:

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(i)  This act.

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(ii)  Subdivision (f) of Article IV of the act of June 13,

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1967 (P.L.31, No.21), known as the "Public Welfare Code."

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(iii)  The act of December 29, 1972 (P.L.1701, No.364), known

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as the "Health Maintenance Organization Act."

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(iv)  The act of May 18, 1976 (P.L.123, No.54), known as the

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"Individual Accident and Sickness Insurance Minimum Standards

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Act."

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(v)  A nonprofit corporation subject to 40 Pa.C.S. Ch. 61 

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(relating to hospital plan corporations) or 63 (relating to

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professional health services plan corporations).

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(2)  The term does not include any of the following types of

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insurance or a combination of any of the following types of

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insurance:

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(i)  Short-term travel.

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(ii)  Accident-only.

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(iii)  Workers' compensation.

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(iv)  Short-term nonrenewable policies of not more than six

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months' duration.

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(v)  Hospital indemnity.

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(vi)  Specified disease.

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(vii)  Disability income.

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(viii)  Dental.

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(ix)  Vision.

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(x)  Civilian Health and Medical Program of the Uniformed

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Services (CHAMPUS) supplement.

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(xi)  Medicare or Medicaid supplemental contract.

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(xii)  Long-term care.

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(xiii)  Limited coverage accident and sickness policy.

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This subparagraph includes cancer insurance, polio insurance

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and any similar policy identified as exempt from this section by

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the Insurance Commissioner.

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"Outpatient medical or counseling service necessary for the

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effective use of contraception."  The term includes, but is not

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limited to, examinations, procedures and medical and counseling

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services provided on an outpatient basis and services for

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initial and periodic comprehensive physical examinations,

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medical, laboratory and radiology services warranted by the

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initial and periodic examinations or by the history, physical

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findings or risk factors, including medical services necessary

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for the insertion and removal of any contraceptive drug or

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device and individual or group family planning counseling.

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"Prescription contraceptive device."  Any regimen of a

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prescription contraceptive device approved by the Food and Drug

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Administration, as well as any generic equivalent approved as

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substitutable by the Food and Drug Administration.

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"Prescription contraceptive drug."  Any regimen of a

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prescription contraceptive drug approved by the Food and Drug

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Administration, as well as any generic equivalent approved as

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substitutable by the Food and Drug Administration.

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Section 2.  This act shall take effect in 60 days.

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