THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, BRENNAN, D. COSTA, FABRIZIO, FREEMAN, GEORGE, GRUCELA, HARHAI, JOSEPHS, KORTZ, KULA, McGEEHAN, McILVAINE SMITH, MELIO, MOUL, M. O'BRIEN, REICHLEY, SIPTROTH, WANSACZ, WHITE AND YOUNGBLOOD, MARCH 17, 2009

REFERRED TO COMMITTEE ON INSURANCE, MARCH 17, 2009  

AN ACT

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

act relating to insurance; 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,

associations, and exchanges, including insurance carried by

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

repealing existing laws," providing for insurance coverage of

home health care following chemotherapy.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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 to read:

Section 633.1.  Home Health Care Following Chemotherapy.--(a)

(1)  A health insurance policy delivered, issued, executed or

renewed in this Commonwealth on or after the effective date of

this section shall provide coverage for home health care visits

following in-hospital or outpatient chemotherapy treatment for

the length of time that the treating physician determines is

necessary.

(2)  Coverage under this section shall remain subject to any

copayment, coinsurance or deductible amounts set forth in the

policy.

(3)  An insurer may not deny a patient eligibility or

continued eligibility to enroll or to renew coverage under the

terms of the health insurance policy solely for the purpose of

avoiding the requirements of this act.

(b)  This section shall not apply to the following types of

policies:

(1)  Accident only.

(2)  Limited benefit.

(3)  Credit.

(4)  Dental.

(5)  Vision.

(6)  Specified disease.

(7)  Medicare supplement.

(8)  Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) supplement.

(9)  Long-term care or disability income.

(10)  Workers' compensation.

(11)  Automobile medical payment.

(c)  (1)  The term "health insurance policy" when used in

this section means any individual or group health insurance

policy, subscriber contract, certificate or plan which provides

medical or health care coverage by any health care facility or

licensed health care provider which is offered by or is governed

under this act or any of the following:

(i)  Subarticle (f) of Article IV of the act of June 13, 1967

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

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

as the "Health Maintenance Organization Act."

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

"Individual Accident and Sickness Insurance Minimum Standards

Act."

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

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

professional health services plan corporations).

(2)  The term "insurer" when used in this section means any

entity that issues an individual or group health insurance

policy, contract or plan described under clause (1) of this

subsection.

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