Bill Text: PA HB943 | 2011-2012 | Regular Session | Introduced

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Bill Title: In children's health care, further providing for legislative findings and intent, for definitions, for Children's Health Advisory Council and for outreach.

Spectrum: Slight Partisan Bill (Republican 12-6)

Status: (Introduced - Dead) 2011-03-04 - Referred to INSURANCE [HB943 Detail]

Download: Pennsylvania-2011-HB943-Introduced.html

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PRINTER'S NO. 1011
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 943 Session of2011
INTRODUCED BY SCHRODER, BOBACK, BOYD, CALTAGIRONE, CARROLL, COHEN, D. COSTA, GINGRICH, GROVE, HENNESSEY, HORNAMAN, MILLARD, MOUL, MULLERY, MURT, PICKETT, RAPP AND ROAE, MARCH 4, 2011
REFERRED TO COMMITTEE ON INSURANCE, MARCH 4, 2011
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," in children's health care, further
providing for legislative findings and intent, for
definitions, for Children's Health Advisory Council and for
outreach.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302 of the act of May 17, 1921 (P.L.682,
No.284), known as The Insurance Company Law of 1921, is amended
by adding a paragraph to read:
Section 2302. Legislative Findings and Intent.--The General
Assembly finds and declares as follows:
* * *
(10) The Children's Health Insurance Program is defined as
an insurance product and, as such, must have marketing performed
consistently with Article VI-A, Subarticle A, Division 1 of the
act of May 17, 1921 (P.L.789, No.285), known as "The Insurance
Department Act of 1921," the act of July 22, 1974 (P.L.589,
No.205), known as the "Unfair Insurance Practices Act," and
other laws governing the sale, solicitation and negotiation of
contracts of insurance.
Section 2. Section 2303 of the act is amended by adding a
definition to read:
Section 2303. Definitions.--As used in this article, the
following words and phrases shall have the meanings given to
them in this section:
* * *
"Producer." A person that sells, solicits or negotiates
contracts of insurance.
* * *
Section 3. Section 2311(i) of the act, amended November 2,
2006 (P.L.1314, No.136), is amended to read:
Section 2311. Children's Health Care.--* * *
(i) The Children's Health Advisory Council is established
within the department as an advisory council. The following
shall apply:
(1) The council shall consist of [fourteen] fifteen voting
members. Members provided for in subparagraphs (iv), (v), (vi),
(vii), (viii), (x) [and], (xi) and (xii) shall be appointed by
the Insurance Commissioner. The council shall be geographically
balanced on a Statewide basis and shall include:
(i) The Secretary of Health ex officio or a designee.
(ii) The Insurance Commissioner ex officio or a designee.
(iii) The Secretary of Public Welfare ex officio or a
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designee.
(iv) A representative with experience in children's health
from a school of public health located in this Commonwealth.
(v) A physician with experience in children's health
appointed from a list of three qualified persons recommended by
the Pennsylvania Medical Society.
(vi) A representative of a children's hospital or a hospital
with a pediatric outpatient clinic appointed from a list of
three persons submitted by the Hospital Association of
Pennsylvania.
(vii) A parent of a child who receives primary health care
coverage from the fund.
(viii) A mid-level professional appointed from lists of
names recommended by Statewide associations representing mid-
level health professionals.
(ix) A senator appointed by the President pro tempore of the
Senate, a senator appointed by the minority leader of the
Senate, a representative appointed by the Speaker of the House
of Representatives and a representative appointed by the
minority leader of the House of Representatives.
(x) A representative from a private nonprofit foundation.
(xi) A representative of business who is not a contractor or
provider of primary health care insurance under this
subdivision.
(xii) A licensed insurance producer representing a
professional association of insurance producers whose members
sell, solicit or negotiate contracts of health insurance.
(2) If any specified organization should cease to exist or
fail to make a recommendation within ninety (90) days of a
request to do so, the council shall specify a new equivalent
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organization to fulfill the responsibilities of this section.
(3) The Insurance Commissioner shall chair the council. The
members of the council shall annually elect, by a majority vote
of the members, a vice chairperson from among the members of the
council.
(4) The presence of eight members shall constitute a quorum
for the transacting of any business. Any act by a majority of
the members present at any meeting at which there is a quorum
shall be deemed to be that of the council.
(5) All meetings of the council shall be conducted pursuant
to 65 Pa.C.S. Ch. 7 (relating to open meetings) unless otherwise
provided in this section. The council shall meet at least
annually and may provide for special meetings as it deems
necessary. Meeting dates shall be set by a majority vote of
members of the council or by call of the chairperson upon seven
(7) days' notice to all members. The council shall publish
notice of its meetings in the Pennsylvania Bulletin. Notice
shall specify the date, time and place of the meeting and shall
state that the council's meetings are open to the general
public. All action taken by the council shall be taken in open
public session and shall not be taken except upon a majority
vote of the members present at a meeting at which a quorum is
present.
(6) The members of the council shall not receive a salary or
per diem allowance for serving as members of the council but
shall be reimbursed for actual and necessary expenses incurred
in the performance of their duties.
(7) Terms of council members shall be as follows:
(i) The appointed members shall serve for a term of three
(3) years and shall continue to serve thereafter until their
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successors are appointed.
(ii) An appointed member shall not be eligible to serve more
than two full consecutive terms of three (3) years. Vacancies
shall be filled in the same manner in which they were designated
within sixty (60) days of the vacancy.
(iii) An appointed member may be removed by the appointing
authority for just cause and by a vote of at least seven members
of the council.
(8) The council shall review outreach activities and may
make recommendations to the department.
(9) The council shall review and evaluate the accessibility
and availability of services delivered to children enrolled in
the program.
* * *
Section 4. Section 2312 of the act is amended by adding a
subsection to read:
Section 2312. Outreach.--* * *
(c) Moneys included in outreach activities shall be
available to pay a one-time commission as determined by the
department to insurance producers who forward applications for
the Children's Health Insurance Program, if a policy is issued
pursuant to an application submitted by an insurance producer to
a contractor. The amount of the commission shall be determined
by the department on an annual basis.
Section 5. This act shall take effect in 60 days.
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