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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PIPPY, RAFFERTY, D. WHITE, FONTANA, FERLO AND BREWSTER, APRIL 8, 2011 |
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| REFERRED TO BANKING AND INSURANCE, APRIL 8, 2011 |
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| AN ACT |
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1 | Amending the act of July 22, 1974 (P.L.589, No.205), entitled |
2 | "An act relating to unfair insurance practices; prohibiting |
3 | unfair methods of competition and unfair or deceptive acts |
4 | and practices; and prescribing remedies and penalties," |
5 | further providing for unfair acts. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 5(a) of the act of July 22, 1974 (P.L. |
9 | 589, No.205), known as the Unfair Insurance Practices Act, is |
10 | amended by adding a paragraph to read: |
11 | Section 5. Unfair Methods of Competition and Unfair or |
12 | Deceptive Acts or Practices Defined.--(a) "Unfair methods of |
13 | competition" and "unfair or deceptive acts or practices" in the |
14 | business of insurance means: |
15 | * * * |
16 | (15) Knowingly doing any of the following: |
17 | (i) Requiring an insured to obtain ophthalmic services and |
18 | products from a vision laboratory or company as a condition of |
19 | obtaining the payment for the vision services. |
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1 | (ii) Imposing upon an insured who is not utilizing an |
2 | ophthalmic service or product from a vision laboratory or |
3 | company a copayment fee or other condition not imposed upon |
4 | insureds utilizing an ophthalmic service or product from the |
5 | vision laboratory or company. |
6 | (iii) Hampering competition in numerous ways, including, but |
7 | not limited to: |
8 | (A) Utilizing access to patient demographics and health |
9 | records, either individually or in the aggregate, to market an |
10 | ophthalmic service or product from the vision laboratory or |
11 | company. |
12 | (B) Suppressing competition based upon quality and service. |
13 | (iv) Creating a preferred class of providers that is not |
14 | held to uniform conditions of participation under the same |
15 | employer's purchased health care contract, vision care contract |
16 | or other health insurance contracts. |
17 | (v) Requiring the purchase of a minimum quantity or minimum |
18 | dollar amount of a specified brand of materials in order to |
19 | participate as a provider in a vision or other health care plan. |
20 | (vi) Requiring a provider to participate in a vision benefit |
21 | plan as a condition of participation in a health care plan. |
22 | Section 2. This act shall take effect in 60 days. |
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