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PRINTER'S NO. 2611
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2041
Session of
2025
INTRODUCED BY LABS, GIRAL, RIVERA, WAXMAN, McNEILL, HOHENSTEIN,
HANBIDGE, GILLEN, D. WILLIAMS, JAMES, CURRY, MADSEN,
ARMANINI, PASHINSKI, POWELL, GUENST, BOROWSKI, PROKOPIAK,
FIEDLER, NEILSON, SCOTT, DALEY, MARCELL, BRIGGS, CIRESI,
SALISBURY, FRANKEL, KHAN, SMITH-WADE-EL AND GREEN,
NOVEMBER 17, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 17, 2025
AN ACT
Amending the act of November 3, 2022 (P.L.2135, No.150),
entitled "An act providing for blood lead assessment and
testing of certain children and pregnant women by health care
providers; imposing duties on the Department of Health; and
requiring certain health insurance policies to cover blood
lead tests," further providing for title of act, for
legislative purpose, for definitions, for lead poisoning
prevention, assessment and testing, for duties of department
and for blood lead assessment and testing coverage.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of November 3, 2022
(P.L.2135, No.150), known as the Childhood Blood Lead Test Act,
is amended to read:
AN ACT
Providing for blood lead assessment and testing of certain
children and pregnant women by health care [providers]
practitioners; imposing duties on the Department of Health;
and requiring certain health insurance policies to cover
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blood lead tests.
Section 2. Section 3(3) of the act is amended to read:
Section 3. Legislative purpose.
The purposes of this act are:
* * *
(3) To [encourage] require the testing of all children
in this Commonwealth by two years of age so that prompt
diagnosis and treatment, as well as the prevention of harm,
are possible.
Section 3. Section 4 of the act is amended by adding
definitions to read:
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Cost-sharing." The share of health care costs covered by a
health insurance policy that an insured pays out of pocket. The
term includes deductibles, coinsurance, copayments and similar
charges. The term does not include premiums, balance-billed
amounts from an out-of-network health care provider or the cost
of noncovered services.
* * *
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
* * *
Section 4. Sections 5 and 6(a) and (b)(2) of the act are
amended to read:
Section 5. Lead poisoning prevention, assessment and testing
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requirements.
[(a) Lead testing for children.--
(1) The following apply:
(i) A health care provider shall consider possible
lead exposure in an individual patient by evaluating risk
factors for lead exposure and perform blood lead testing
in accordance with recommendations from the Centers for
Disease Control and Prevention and the American Academy
of Pediatrics by 24 months of age.
(ii) If a patient has never been tested in
accordance with recommendations from the Centers for
Disease Control and Prevention and the American Academy
of Pediatrics by 24 months of age, a health care provider
shall consider possible lead exposure and perform blood
lead testing in an individual patient between 24 months
and 72 months of age.
(iii) A health care provider shall make reasonable
efforts to ensure that a patient's parent or legal
guardian understands the risks and benefits of blood lead
testing prior to obtaining consent.
(2) If a patient's parent or legal guardian consents to
blood lead testing for the patient under paragraph (1) and
the results of a capillary blood lead test indicate an
elevated blood lead level, the health care provider shall
perform a confirmatory blood lead test by venipuncture within
12 weeks of the first blood lead test after obtaining the
consent of the patient's parent or legal guardian.]
(a.1) Lead testing requirements for children.--
(1) A health care practitioner shall make reasonable
efforts to ensure that a patient under the health care
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practitioner's care receives at least one blood lead test by
12 months of age and a second blood lead test by 24 months of
age.
(2) If a patient has never been tested by 24 months of
age, a health care practitioner shall ensure that the patient
receives at least one blood lead test between 24 months and
72 months of age.
(3) If a capillary blood lead test indicates an elevated
blood lead level, a health care practitioner shall perform a
confirmatory blood lead test by venipuncture in accordance
with recommendations from the Centers for Disease Control and
Prevention.
(b) Lead exposure risk assessment and testing requirements
for pregnant women.--A health care [provider] practitioner shall
consider possible lead exposure in individual pregnant women by
evaluating risk factors for lead exposure and perform blood lead
testing if a single risk factor is identified in accordance with
recommendations from the Centers for Disease Control and
Prevention and the American College of Obstetricians and
Gynecologists.
(c) Reporting.--Health care [providers] practitioners and
laboratories shall comply with reporting regulations as
specified in 28 Pa. Code § 27.34 (relating to reporting cases of
lead poisoning).
(d) Communication of risks and benefits.--Notwithstanding
subsection (e), a health care practitioner shall make reasonable
efforts to ensure that a child's parent or legal guardian, or a
woman under prenatal care, understands the benefits and risks of
a blood lead test.
(e) Nonapplicability.--The requirements under this section
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shall not apply if a child's parent or legal guardian, or a
woman under prenatal care, objects to the blood lead test for
any reason. A health care practitioner shall document the
objection in writing and include the objection in the patient's
medical record. Before performing a blood lead test under this
section, the health care practitioner shall notify the child's
parent or legal guardian, or the woman under prenatal care, of
the option to object to a blood lead test.
Section 6. Duties of department.
(a) Comprehensive educational program.--The department shall
conduct a public information campaign to inform parents of young
children, physicians, nurses and other health care [providers]
practitioners of the lead assessment and testing requirements of
this act.
(b) Distribution of literature about childhood lead
poisoning.--
* * *
(2) Educational materials shall be available at no cost
and shall be developed for specific audiences, including
health care [providers] practitioners, homeowners, landlords
and parents or caregivers.
Section 5. Section 7(a) and (b) of the act are amended and
the section is amended by adding a subsection to read:
Section 7. Blood lead assessment and testing coverage.
(a) General rule.--A health insurance policy or government
program covered under this section shall provide to covered
individuals or recipients blood lead tests as follows:
(1) In the case of individuals or recipients who are
pregnant, one blood lead test per pregnancy [if a single risk
factor is identified in accordance with recommendations from
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the Centers for Disease Control and Prevention and the
American College of Obstetricians and Gynecologists].
(2) In the case of individuals or recipients who are:
(i) under two years of age, at least [one blood lead
test] two blood lead tests by 24 months of age in
accordance with recommendations from the Centers for
Disease Control and Prevention and the American Academy
of Pediatrics [and, if]; and
(ii) between 24 months of age and 72 months of age,
at least one blood lead test by 72 months of age if the
individual or recipient has never been tested by 24
months of age.
(3) If the result of the blood [level] lead test covered
under paragraph (1) or (2) indicates an elevated blood lead
level, another blood lead test by venipuncture [within 12
weeks of the blood level test in which the elevated blood
lead level was indicated.] in accordance with recommendations
from the Centers for Disease Control and Prevention.
[(b) Copayments, deductibles and coinsurance.--Coverage
under this section shall be subject to copayment, deductible and
coinsurance provisions and any other general exclusions or
limitations of a health insurance policy or government program
to the same extent as other medical services covered by the
policy or program are subject to these provisions.]
(b.1) Cost-sharing.--A blood lead test covered under
subsection (a) shall not be subject to cost-sharing.
* * *
Section 6. The amendment of section 7 of the act shall apply
as follows:
(1) For health insurance policies for which either rates
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or forms are required to be filed with the Insurance
Department or the Federal Government, the amendment of
section 7 of the act shall apply to any policy for which a
form or rate is first filed on or after the effective date of
this section.
(2) For health insurance policies for which neither
rates nor forms are required to be filed with the Insurance
Department or the Federal Government, the amendment of
section 7 of the act shall apply to any policy issued or
renewed on or after 180 days after the effective date of this
section.
Section 7. This act shall take effect in 60 days.
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