PRINTER'S NO. 2945
No. 2185 Session of 2001
INTRODUCED BY STURLA, JOSEPHS, MANDERINO, THOMAS, YOUNGBLOOD,
BEBKO-JONES, BELARDI, BELFANTI, CALTAGIRONE, CIVERA,
COLAFELLA, CORRIGAN, DALLY, EACHUS, FRANKEL, FREEMAN, GEORGE,
GRUCELA, HALUSKA, HARHAI, HORSEY, MANN, LaGROTTA, LAUGHLIN,
LEDERER, McCALL, McILHATTAN, MELIO, MUNDY, NICKOL, PETRARCA,
PIPPY, PISTELLA, READSHAW, ROEBUCK, ROONEY, SANTONI, SATHER,
SHANER, SOLOBAY, STEELMAN, SURRA, TANGRETTI, TRAVAGLIO,
TRELLO, TRICH, VEON, WALKO, WATERS, C. WILLIAMS, WOJNAROSKI
AND YUDICHAK, NOVEMBER 26, 2001
REFERRED TO COMMITTEE ON INSURANCE, NOVEMBER 26, 2001
AN ACT
1 Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
2 act relating to insurance; amending, revising, and
3 consolidating the law providing for the incorporation of
4 insurance companies, and the regulation, supervision, and
5 protection of home and foreign insurance companies, Lloyds
6 associations, reciprocal and inter-insurance exchanges, and
7 fire insurance rating bureaus, and the regulation and
8 supervision of insurance carried by such companies,
9 associations, and exchanges, including insurance carried by
10 the State Workmen's Insurance Fund; providing penalties; and
11 repealing existing laws," providing for presumptive
12 eligibility for free or subsidized health care insurance for
13 children.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of May 17, 1921 (P.L.682, No.284), known
17 as The Insurance Company Law of 1921, is amended by adding a
18 section to read:
19 Section 2314. Presumptive Eligibility.--(a) Notwithstanding
20 any inconsistent provision of law to the contrary and subject to
1 the availability of Federal financial participation under Title
2 XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et
3 seq.), a child shall be presumed eligible for payments under
4 this article, once during a twelve (12) month period, beginning
5 on the first day of the enrollment period following the date
6 that a contractor determines, on the basis of preliminary
7 information, that a child is eligible for free or subsidized
8 health care insurance under section 2311. The presumptive
9 eligibility period shall continue until the earlier date an
10 eligibility determination is made pursuant to this article, the
11 child is found eligible for medical assistance, or sixty (60)
12 days after the date presumptive eligibility begins. However, a
13 presumptive eligibility period may be extended in the event a
14 determination of eligibility for benefits under this article or
15 for medical assistance is not made within the sixty (60) day
16 period through no fault of the applicant.
17 (b) The Insurance Department shall assure that children who
18 are enrolled under this section receive appropriate follow-up
19 for a determination of eligibility for benefits under this
20 article or for medical assistance prior to the termination of
21 the presumptive eligibility period. The Insurance Department
22 shall assure that outreach activities under section 2312 include
23 information related to presumptive eligibility under this
24 section.
25 (c) A child determined to be ineligible for free or
26 subsidized health care insurance and medical assistance
27 nonetheless may receive payment under this article once during
28 any twelve (12) month period.
29 Section 2. This act shall take effect in 60 days.
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