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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, MICOZZIE, CUTLER, GINGRICH, BOBACK, CAUSER, CLYMER, DENLINGER, EVERETT, GABLER, GEIST, GOODMAN, KAUFFMAN, MOUL, MURT, OBERLANDER, O'NEILL, PICKETT, READSHAW, REICHLEY, SWANGER, TALLMAN AND VULAKOVICH, JUNE 18, 2009 |
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| REFERRED TO COMMITTEE ON INSURANCE, JUNE 18, 2009 |
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| AN ACT |
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1 | Amending the act of May 17, 1921 (P.L.789, No.285), entitled, as |
2 | amended, "An act relating to insurance; establishing an |
3 | insurance department; and amending, revising, and |
4 | consolidating the law relating to the licensing, |
5 | qualification, regulation, examination, suspension, and |
6 | dissolution of insurance companies, Lloyds associations, |
7 | reciprocal and inter-insurance exchanges, and certain |
8 | societies and orders, the examination and regulation of fire |
9 | insurance rating bureaus, and the licensing and regulation of |
10 | insurance agents and brokers; the service of legal process |
11 | upon foreign insurance companies, associations or exchanges; |
12 | providing penalties, and repealing existing laws," providing |
13 | for right to purchase health insurance sold in other states. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. The act of act of May 17, 1921 (P.L.789, No.285), |
17 | known as The Insurance Department Act of 1921, is amended by |
18 | adding a section to read: |
19 | Section 107. Right to Purchase Health Insurance Sold in |
20 | Other States.--(a) The Insurance Commissioner shall undertake a |
21 | review of laws and regulations existing on the effective date of |
22 | this section pertaining to the business of health insurance in |
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1 | this Commonwealth and in other states to determine how to allow |
2 | Pennsylvania residents the ability to purchase health insurance |
3 | products sold in other states by carriers not otherwise subject |
4 | to Pennsylvania insurance laws and regulations. |
5 | (b) On or before December 1, 2009, the Insurance |
6 | Commissioner shall submit a report to the Banking and Insurance |
7 | Committee of the Senate and the Insurance Committee of the House |
8 | of Representatives on what changes to Pennsylvania laws and |
9 | regulations would be necessary in order to enable Pennsylvanians |
10 | to purchase out-of-State health insurance products. The report |
11 | shall address at least the following: |
12 | (1) The mechanism by which the Insurance Commissioner can |
13 | regulate the purchase of out-of-State health insurance products |
14 | and the carriers offering those products in order to protect |
15 | Pennsylvania consumers, either through multistate agreements |
16 | with other states or a similar mechanism whereby the Insurance |
17 | Commissioner and the other states that participate in the |
18 | agreement delineate their respective roles and responsibilities |
19 | for oversight, regulation and enforcement of applicable laws and |
20 | rules and specify which state's laws and regulations apply. |
21 | (2) The responsibilities of out-of-State carriers with |
22 | regard to informing Pennsylvania consumers about the impact of |
23 | purchasing a health insurance product that is regulated by the |
24 | laws of another state, including information about whether |
25 | coverages that are mandated by Pennsylvania law are included in |
26 | the out-of-State product, whether Pennsylvania laws or |
27 | restrictions on rate changes apply and whether the product is |
28 | more or less expensive that other products regulated under |
29 | Pennsylvania laws and rules. |
30 | (3) The barriers to allowing Pennsylvania consumers to |
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1 | purchase out-of-State health insurance products. |
2 | (4) A proposed time line for implementing changes necessary |
3 | to enable the interstate purchase of health insurance. |
4 | Section 2. This act shall take effect in 60 days. |
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