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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, MICOZZIE, CLYMER, HESS, BOYD, CHRISTIANA, CUTLER, EVERETT, FARRY, GABLER, GINGRICH, GOODMAN, GROVE, KAUFFMAN, KILLION, PETRI, PICKETT, REICHLEY, ROAE, SAYLOR, STERN, SWANGER, TALLMAN, J. TAYLOR, VULAKOVICH, WATSON, GEIST, CAUSER AND BARRAR, JANUARY 19, 2011 |
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| REFERRED TO COMMITTEE ON INSURANCE, JANUARY 19, 2011 |
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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 May 17, 1921 (P.L.789, No.285), known |
17 | as The Insurance Department Act of 1921, is amended by adding a |
18 | 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, 2011, 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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