LEG REG REVIEW Health Edition
2019, 9th Issue *** April 22, 2019

LEG REG REVIEW is a periodic newsletter produced by PHILLIPS ASSOCIATES, a professional lobbying and consultant firm located near the State Capitol. It contains news on Pennsylvania legislation and regulations impacting the Insurance and Business Communities. Subscriptions are $100 per year and further information may be obtained by contacting PHILLIPS ASSOCIATES at 717/728-1217 FAX 717/232-7005 or e-mail at xenobun@aol.com.

HOUSE PASSES LYME DISEASE MANDATED COVERAGE BILL
The PA House passed House Bill 629 (Rapp-R-Warren) requiring health insurers to cover Lyme Disease and related tick-borne illnesses. Section 5 states: “Every health insurance policy which is delivered, issued for delivery, renewed, extended or modified in this Commonwealth shall provide coverage for long-term antibiotic and antimicrobial therapy for a patient with Lyme Disease and related tick-borne illnesses when determined by a health care practitioner to be medically necessary and ordered by a health care practitioner after making a thorough evaluation of the patient’s symptoms, diagnostic test results, or response to treatment.”

The vote was 158-34. The no votes came from nine Republicans and 25 Democrats. It has not yet been referred to a Senate committee.

LEGISLATIVE UPDATES

Confirmation. In the Senate, the Banking & Insurance Committee unanimously voted to endorse the re-nomination of Jessica Altman for another term as PA Insurance Commissioner. The full Senate must still vote before she is confirmed.
House Bill 924 sponsored by Rep. Tarah Toohill (R-Luzerne) was re-referred from the House Health Committee to the House Insurance Committee. This bill would prohibit discrimination in the provision of life, accident, and health insurance based on the insured’s status as a living organ or tissue donor.
Fraternal Benefit Societies. On April 15, the House Insurance Committee reported out House Bill 1016 sponsored by Minority Chair Tony DeLuca (D-Allegheny). This legislation addresses fraternal benefit societies which may face financial pressures in the future from increased life and annuities competition. HB 1016 provides the Insurance Department with a risk-based capital ratio trigger allowing for active intervention to keep the fraternal benefit society solvent. The bill also facilitates transfer of insurance certificates to another fraternal or even to a commercial insurer should it be needed.

HOUSE RESOLUTION ACTIVITY
Insurance-related Resolutions passing the PA House:

On April 17, the PA House adopted House Resolution 242 (Wheatley-D-Allegheny) declaring the month of April as ‘Financial Literacy Month’.
On April 15, the House adopted House Resolution 186 (B. Miller-R-Lancaster) to designating April 17, 2019 as Don’t Text and Drive Day in PA.
OK, this is not insurance-related. In case you did not know, April 26 is Pretzel Day in Pennsylvania. Adopted by the House April 16 was House Resolution 192 (Mackenzie-R-Lehigh/Berks)

POLITICS
On April 17, the Philadelphia Inquirer discussed the lineup for Phila. City Council in the primary: “Former Lt. Governor Michael Stack III is pondering a comeback after voters showed him the door (in the 2018) primary.”

UPMC VS. HIGHMARK (still continued)
On April 16, the PA Supreme Court agreed to a petition from Attorney General Josh Shapiro who is seeking to delay the June 30, 2019 sunset of the Consent Decree negotiated during the Corbett Administration to allow Highmark plan enrollees access to UPMC without being considered out of network. Earlier, Commonwealth Court said no to the requested extension, hence Shapiro’s appeal.

In a related matter, according to TribWeb.com reporting, UPMC is arguing that Highmark bears the responsibility for the dispute, saying that Highmark has engaged in “aggressive and often misleading marketing campaigns while UPMC has helped to increase competition in a marketplace that Highmark was closing in on dominating several years ago.” As an example, (the TribWeb article continues), UPMC contends that Highmark caused UPMC’s requirement this summer where Highmark-insured non-emergency treatment at most UPMC hospitals would have to pre-pay.

REGULATORY UPDATE
Constitution Life Insurance Company has filed a request with the Insurance Department to acquire pa Life Insurance Company, a domestic stock company.

2019 SESSION CALENDAR
House Session Schedule

April 29, 30
May 1, 6, 7, 8, 13, 14, 15, 22 (non-voting), 23 (non-voting)
June 3, 4, 5, 10, 11, 12, 17, 18, 19, 20, 24, 25, 26, 27, 28

2019 Senate Session Schedule

April 29, 30
May 1, 6, 7, 8
June 3, 4, 5, 10, 11, 12, 17, 18, 19, 24, 25, 26, 27, 28

INSURANCE DEPT. ANNOUNCES INSURANCE ACADEMY
PA Insurance Commissioner Jessica Altman announced that the Department is holding the first-ever PA NextGen Academy on August 12-15 in Harrisburg. It is designed for rising college sophomores, juniors, and seniors. This educational experience will hopefully introduce a younger generation to the wide variety of careers available in the field of insurance.

As Commissioner Altman said, “Careers in the insurance industry are varied and rewarding, helping individuals and families find financial security for their health, homes, businesses, and vehicles, and provide for their loved ones through life insurance, Insurance industry professionals help people find the right coverage at the right price for their particular situation, help insurers set appropriate rates to provide affordable coverage while keeping the business solvent and able to pay claims, and protect policyholders and insurance companies by investigating and rooting out fraud.” A registration link may be found at www.insurance .pa.gov.

HHS ISSUES NEW HIPAA FAQs
On April 19, the HHS Office of Civil Rights released a revised set of Frequently Asked Questions regarding electronic communication of and access to health treatment information.
https://www.hhs.gov/hipaa/for-professionals/faq/health-information-technology/index.html