An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, providing for prescription drug cost credits in health insurance; and imposing penalties.

PRIOR PRINTER'S NO. 2917 PRINTER'S NO. 3706
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2226
Session of
2026
INTRODUCED BY KINKEAD, KUZMA, KHAN, HANBIDGE, PARKER, McNEILL,
WAXMAN, HILL-EVANS, CEPEDA-FREYTIZ, GUZMAN, CERRATO,
HOHENSTEIN, SCOTT, DOUGHERTY, FLEMING, GAYDOS, SHUSTERMAN,
PROKOPIAK, HOWARD, SANCHEZ, KAZEEM, SALISBURY, M. MACKENZIE,
FIEDLER, PIELLI, BRENNAN, MADDEN, MATZIE, MARKOSEK,
GOUGHNOUR, BRIGGS AND FRIEL, FEBRUARY 18, 2026
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 2026
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and for
unlawful acts or practices and exclusions; and providing for
concurrent jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2(4) and 3(a) of the act of December 17,
1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, are amended to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
(i) Passing off goods or services as those of another;
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(ii) Causing likelihood of confusion or of misunderstanding
as to the source, sponsorship, approval or certification of
goods or services;
(iii) Causing likelihood of confusion or of misunderstanding
as to affiliation, connection or association with, or
certification by, another;
(iv) Using deceptive representations or designations of
geographic origin in connection with goods or services;
(v) Representing that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits or
quantities that they do not have or that a person has a
sponsorship, approval, status, affiliation or connection that he
does not have;
(vi) Representing that goods are original or new if they are
deteriorated, altered, reconditioned, reclaimed, used or
secondhand;
(vii) Representing that goods or services are of a
particular standard, quality or grade, or that goods are of a
particular style or model, if they are of another;
(viii) Disparaging the goods, services or business of
another by false or misleading representation of fact;
(ix) Advertising goods or services with intent not to sell
them as advertised;
(x) Advertising goods or services with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity;
(xi) Making false or misleading statements of fact
concerning the reasons for, existence of, or amounts of price
reductions;
(xii) Promising or offering prior to time of sale to pay,
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credit or allow to any buyer, any compensation or reward for the
procurement of a contract for purchase of goods or services with
another or others, or for the referral of the name or names of
another or others for the purpose of attempting to procure or
procuring such a contract of purchase with such other person or
persons when such payment, credit, compensation or reward is
contingent upon the occurrence of an event subsequent to the
time of the signing of a contract to purchase;
(xiii) Promoting or engaging in any plan by which goods or
services are sold to a person for a consideration and upon the
further consideration that the purchaser secure or attempt to
secure one or more persons likewise to join the said plan; each
purchaser to be given the right to secure money, goods or
services depending upon the number of persons joining the plan.
In addition, promoting or engaging in any plan, commonly known
as or similar to the so-called "Chain-Letter Plan," "Pyramid
Club" or "Pyramid Promotional Scheme." The terms "Chain-Letter
Plan" or "Pyramid Club" mean any scheme for the disposal or
distribution of property, services or anything of value whereby
a participant pays valuable consideration, in whole or in part,
for an opportunity to receive compensation for introducing or
attempting to introduce one or more additional persons to
participate in the scheme or for the opportunity to receive
compensation when a person introduced by the participant
introduces a new participant. The term "Pyramid Promotional
Scheme" means any plan or operation by which a person gives
consideration for the opportunity to receive compensation that
is derived primarily from the introduction of other persons into
the plan or operation rather than from the sale and consumption
of goods, services or intangible property by a participant or
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other persons introduced into the plan or operation. The term
includes any plan or operation under which the number of people
who may participate is limited either expressly or by the
application of conditions affecting the eligibility of a person
to receive compensation under the plan or operation, and
includes any plan or operation under which a person, on giving
any consideration, obtains any goods, services or intangible
property in addition to the right to receive compensation. As
used in this subclause the term "consideration" means an
investment of cash or the purchase of goods, other property,
training or services, but does not include payments made for
sales demonstration equipment and materials for use in making
sales and not for resale furnished at no profit to any person in
the program or to the company or corporation, nor does the term
apply to a minimal initial payment of twenty-five dollars ($25)
or less;
(xiv) Failing to comply with the terms of any written
guarantee or warranty given to the buyer at, prior to or after a
contract for the purchase of goods or services is made;
(xv) Knowingly misrepresenting that services, replacements
or repairs are needed if they are not needed;
(xvi) Making repairs, improvements or replacements on
tangible, real or personal property, of a nature or quality
inferior to or below the standard of that agreed to in writing;
(xvii) Making solicitations for sales of goods or services
over the telephone without first clearly, affirmatively and
expressly stating:
(A) the identity of the seller;
(B) that the purpose of the call is to sell goods or
services;
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(C) the nature of the goods or services; and
(D) that no purchase or payment is necessary to be able to
win a prize or participate in a prize promotion if a prize
promotion is offered. This disclosure must be made before or in
conjunction with the description of the prize to the person
called. If requested by that person, the telemarketer must
disclose the no-purchase/no-payment entry method for the prize
promotion;
(xviii) Using a contract, form or any other document related
to a consumer transaction which contains a confessed judgment
clause that waives the consumer's right to assert a legal
defense to an action;
(xix) Soliciting any order for the sale of goods to be
ordered by the buyer through the mails or by telephone unless,
at the time of the solicitation, the seller has a reasonable
basis to expect that it will be able to ship any ordered
merchandise to the buyer:
(A) within that time clearly and conspicuously stated in any
such solicitation; or
(B) if no time is clearly and conspicuously stated, within
thirty days after receipt of a properly completed order from the
buyer, provided, however, where, at the time the merchandise is
ordered, the buyer applies to the seller for credit to pay for
the merchandise in whole or in part, the seller shall have fifty
days, rather than thirty days, to perform the actions required
by this subclause;
(xx) Failing to inform the purchaser of a new motor vehicle
offered for sale at retail by a motor vehicle dealer of the
following:
(A) that any rustproofing of the new motor vehicle offered
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by the motor vehicle dealer is optional;
(B) that the new motor vehicle has been rustproofed by the
manufacturer and the nature and extent, if any, of the
manufacturer's warranty which is applicable to that
rustproofing;
The requirements of this subclause shall not be applicable and a
motor vehicle dealer shall have no duty to inform if the motor
vehicle dealer rustproofed a new motor vehicle before offering
it for sale to that purchaser, provided that the dealer shall
inform the purchaser whenever dealer rustproofing has an effect
on any manufacturer's warranty applicable to the vehicle. This
subclause shall not apply to any new motor vehicle which has
been rustproofed by a motor vehicle dealer prior to the
effective date of this subclause.
(xxi) The establishment, application or administration of a
health insurance policy, contract or practice under which
amounts paid by or on behalf of a consumer under the health
insurance policy contract or policy, including payments made by
a drug manufacturer or other third party, are not applied toward
the consumer's deductible, copayment, coinsurance or maximum
out-of-pocket costs under the health insurance policy unless
otherwise expressly required by Federal law.
[(xxi)] (xxii) Engaging in any other fraudulent or deceptive
conduct which creates a likelihood of confusion or of
misunderstanding.
* * *
Section 3. Unlawful Acts or Practices; Exclusions.--(a)
Unfair methods of competition and unfair or deceptive acts or
practices in the conduct of any trade or commerce as defined by
subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2
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of this act and regulations promulgated under section 3.1 of
this act are hereby declared unlawful. The provisions of this
act shall not apply to any owner, agent or employe of any radio
or television station, or to any owner, publisher, printer,
agent or employe of an Internet service provider or a newspaper
or other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
* * *
Section 2. The act is amended by adding a section to read:
Section 9.5. Concurrent Jurisdiction.--(a) The Insurance
Department of the Commonwealth shall have concurrent
jurisdiction to enforce section 2(4)(xxi). In exercising the
jurisdiction, the Department of Insurance shall have the same
powers, duties, penalties and remedies as provided under section
406-B of the act of May 17, 1921 (P.L.682, No.284), known as
"The Insurance Company Law of 1921," including cease and desist
orders, suspension or revocation of licenses, restitution, civil
penalties and any other penalty or remedy deemed appropriate by
the Insurance Commissioner.
(b) The remedies provided under this section are in addition
to, and not exclusive of, remedies available under this act.
Section 3. If under Federal law, application of this act to
a health savings account would result in ineligibility of the
health savings account under section 223 of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. § 223), this act
shall apply only if the health savings account is also a health
savings account-qualified high deductible health plan with
respect to the deductible of the plan after the enrollee has
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satisfied the minimum deductible under section 223 of the
Internal Revenue Code of 1986, except with respect to items or
services that are preventive care under section 223(c)(2)(C) of
the Internal Revenue Code of 1986, in which case the
requirements of this section shall apply regardless of whether
the minimum deductible under section 223 of the Internal Revenue
Code of 1986 has been satisfied.
Section 4. This act shall take effect in 60 days.
AMENDING TITLE 40 (INSURANCE) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, PROVIDING FOR PRESCRIPTION DRUG COST CREDITS IN
HEALTH INSURANCE; AND IMPOSING PENALTIES.
THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. TITLE 40 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 52
FAIR CO-PAY ASSISTANCE CREDITS
SUBCHAPTER
A. PRELIMINARY PROVISIONS
B. FAIR CO-PAY ASSISTANCE CREDITS
C. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
PRELIMINARY PROVISIONS
SEC.
5201. SCOPE OF CHAPTER.
5202. DEFINITIONS.
§ 5201. SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO THE CREDITING OF CO-PAY ASSISTANCE
PROVIDED FOR PRESCRIPTION DRUGS TOWARD HEALTH BENEFIT PLAN COST-
SHARING. THIS CHAPTER DOES NOT APPLY TO A SELF-INSURED HEALTH
BENEFIT PLAN SUBJECT TO 29 U.S.C. CH. 18 (RELATING TO EMPLOYEE
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RETIREMENT INCOME SECURITY PROGRAM) OR EXEMPTED FROM 29 U.S.C.
CH. 18.
§ 5202. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"COMMISSIONER." THE INSURANCE COMMISSIONER OF THE
COMMONWEALTH.
"COST-SHARING." MEANS AS FOLLOWS:
(1) THE SHARE OF THE HEALTH CARE COSTS COVERED BY A
HEALTH BENEFIT PLAN THAT A COVERED PERSON PAYS OUT-OF-POCKET.
(2) THE TERM INCLUDES DEDUCTIBLES, COINSURANCE,
COPAYMENTS AND SIMILAR CHARGES.
(3) THE TERM DOES NOT INCLUDE PREMIUMS, BALANCE BILLED
AMOUNTS FROM AN OUT-OF-NETWORK HEALTH CARE PROVIDER OR THE
COST OF NONCOVERED SERVICES EXCEPT AS SPECIFIED IN THIS
CHAPTER.
"COVERED PERSON." A POLICYHOLDER, SUBSCRIBER OR OTHER
INDIVIDUAL WHO IS ENTITLED TO RECEIVE HEALTH CARE SERVICES UNDER
A HEALTH BENEFIT PLAN.
"DEPARTMENT." THE INSURANCE DEPARTMENT OF THE COMMONWEALTH.
"DRUG MANUFACTURER DIRECT SUPPORT." AN AMOUNT A DRUG
MANUFACTURER PAYS IN ANY MANNER TOWARD REDUCING THE COST-SHARING
INCURRED BY A COVERED PERSON FOR THE PURCHASE OF A SPECIFIC
PRESCRIPTION DRUG.
"GENERICALLY EQUIVALENT DRUG." THE TERM SHALL HAVE THE
MEANING GIVEN TO IT IN SECTION 2 OF THE ACT OF NOVEMBER 24, 1976
(P.L.1163, NO.259), KNOWN AS THE GENERIC EQUIVALENT DRUG LAW.
"HEALTH BENEFIT PLAN." THE TERM SHALL HAVE THE MEANING GIVEN
TO IT IN THE ACT OF NOVEMBER 21, 2016 (P.L.1318, NO.169), KNOWN
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AS THE PHARMACY BENEFIT REFORM ACT.
"HEALTH CARE PROVIDER." A PERSON WHO IS LICENSED, CERTIFIED
OR OTHERWISE REGULATED TO PROVIDE HEALTH CARE SERVICES UNDER THE
LAWS OF THIS COMMONWEALTH.
"HEALTH INSURER CLIENT." THE TERM SHALL HAVE THE MEANING
GIVEN TO IT IN THE PHARMACY BENEFIT REFORM ACT.
"HEALTH INSURER." THE TERM SHALL HAVE THE MEANING GIVEN TO
IT IN THE PHARMACY BENEFIT REFORM ACT.
"INTERCHANGEABLE BIOLOGICAL PRODUCT." THE TERM SHALL HAVE
THE MEANING GIVEN TO IT IN SECTION 2 OF THE GENERIC EQUIVALENT
DRUG LAW.
"OUT-OF-NETWORK HEALTH CARE PROVIDER." A HEALTH CARE
PROVIDER WHO DOES NOT CONTRACT WITH A HEALTH INSURER CLIENT TO
PROVIDE HEALTH CARE SERVICES TO A COVERED PERSON UNDER A HEALTH
BENEFIT PLAN.
"PHARMACY BENEFITS MANAGER." THE TERM SHALL HAVE THE MEANING
GIVEN TO IT IN THE PHARMACY BENEFIT REFORM ACT.
"PRESCRIPTION DRUG." THE TERM SHALL INCLUDE A DRUG, A
GENERICALLY EQUIVALENT DRUG, A BIOLOGICAL PRODUCT, AND AN
INTERCHANGEABLE BIOLOGICAL PRODUCT, AS THOSE TERMS ARE DEFINED
IN SECTION 2 OF THE GENERIC EQUIVALENT DRUG LAW, THAT IS
PRESCRIBED BY A HEALTH CARE PROVIDER. THE TERM SHALL ALSO
INCLUDE INSULIN, INSULIN SYRINGES AND INSULIN NEEDLES.
"PRESCRIPTION DRUG COVERAGE ADMINISTRATOR." A HEALTH BENEFIT
PLAN, HEALTH INSURER, OR A PHARMACY BENEFITS MANAGER THAT
ADMINISTERS PHARMACY BENEFITS FOR A HEALTH INSURER CLIENT.
SUBCHAPTER B
FAIR CO-PAY ASSISTANCE CREDITS
SEC.
5211. COST-SHARING CREDIT.
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5212. PROHIBITED CREDITING.
5213. LIMITATIONS.
5214. EXEMPTED ARRANGEMENTS.
§ 5211. COST-SHARING CREDIT.
EXCEPT AS PROVIDED IN SECTION 5212 (RELATING TO PROHIBITED
CREDITING) OR EXEMPTED BY SECTION 5214 (RELATING TO EXEMPTED
ARRANGEMENTS), FOR EACH FILL OF A PRESCRIPTION DRUG, A
PRESCRIPTION DRUG COVERAGE ADMINISTRATOR SHALL REDUCE THE COST-
SHARING INCURRED BY A COVERED PERSON OR CREDIT TOWARD THE
COVERED PERSON'S IN-NETWORK OUT-OF-POCKET MAXIMUM AND OTHER
COST-SHARING REQUIREMENTS ANY AMOUNT PAID ON BEHALF OF THE
COVERED PERSON BY ANOTHER PERSON FOR THE PRESCRIPTION DRUG,
INCLUDING DRUG MANUFACTURER DIRECT SUPPORT, PROVIDED THAT ALL OF
THE FOLLOWING APPLY:
(1) THE PRESCRIPTION DRUG IS ON THE COVERED PERSON'S
HEALTH INSURANCE POLICY FORMULARY.
(2) THE PRESCRIPTION DRUG EITHER:
(I) DOES NOT HAVE A GENERIC EQUIVALENT DRUG OR
INTERCHANGEABLE BIOLOGICAL PRODUCT.
(II) DOES HAVE A GENERIC EQUIVALENT DRUG OR
INTERCHANGEABLE BIOLOGICAL PRODUCT BUT THE COVERED PERSON
HAS OBTAINED ACCESS TO THE PRESCRIPTION DRUG THROUGH ANY
OF THE FOLLOWING:
(A) PRIOR AUTHORIZATION.
(B) A STEP THERAPY PROTOCOL.
(C) THE HEALTH INSURER'S EXCEPTIONS AND APPEALS
PROCESS.
§ 5212. PROHIBITED CREDITING.
A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR MAY NOT CREDIT
DRUG MANUFACTURER DIRECT SUPPORT TOWARD THE COVERED PERSON'S IN-
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NETWORK OUT-OF-POCKET MAXIMUM AND OTHER COST-SHARING
REQUIREMENTS IF THE SUPPORT IS NOT BOTH:
(1) AVAILABLE TO EACH COVERED PERSON OF EVERY HEALTH
INSURANCE POLICY ISSUED OR RENEWED IN THIS COMMONWEALTH.
(2) AVAILABLE IN THE SAME MONETARY AMOUNT FOR EACH
INITIAL FILL AND EACH REFILL THROUGHOUT THE PLAN YEAR OF THE
COVERED PERSON'S HEALTH INSURANCE POLICY.
§ 5213. LIMITATIONS.
A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR MAY NOT CREDIT
DRUG MANUFACTURER DIRECT SUPPORT TOWARD THE COVERED PERSON'S IN-
NETWORK OUT-OF-POCKET MAXIMUM AND OTHER COST-SHARING
REQUIREMENTS IF EITHER OF THE FOLLOWING APPLIES:
(1) THE COVERED PERSON'S HEALTH INSURANCE POLICY IS A
HIGH DEDUCTIBLE HEALTH PLAN UNDER 26 U.S.C. § 223(C)
(RELATING TO HEALTH SAVINGS ACCOUNTS) OFFERED IN CONJUNCTION
WITH A HEALTH SAVINGS ACCOUNT, THE DRUG MANUFACTURER DIRECT
SUPPORT IS USED TOWARDS THE PURCHASE OF A PRESCRIPTION DRUG
OTHER THAN AS PERMITTED ON A PRE-DEDUCTIBLE BASIS UNDER 26
U.S.C. § 223(C), AND THE DRUG MANUFACTURER DIRECT SUPPORT IS
USED DURING ANY PORTION OF THE PLAN YEAR DURING WHICH THE
DEDUCTIBLE OF THE HEALTH INSURANCE POLICY IS NOT SATISFIED.
(2) THE CREDIT IS NOT APPLIED TO A HEALTH INSURANCE
POLICY WHICH IS IN WHOLE OR IN PART DETERMINED TO BE A
FEDERAL HEALTH CARE PROGRAM.
§ 5214. EXEMPTED ARRANGEMENTS.
(A) AGREEMENT.--A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR
SHALL BE EXEMPT FROM THE REQUIREMENTS OF SECTION 5211 (RELATING
TO COST-SHARING CREDIT) IF IT ENTERS INTO AN AGREEMENT WITH AN
ENTITY THAT PROVIDES DRUG MANUFACTURER DIRECT SUPPORT, PURSUANT
TO WHICH THE PRESCRIPTION DRUG COVERAGE ADMINISTRATOR ACCEPTS
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PAYMENTS ON BEHALF OF COVERED PERSONS, PROVIDED THAT THE
AGREEMENT COMPLIES WITH ALL PROVISIONS OF THIS CHAPTER.
(B) VOLUNTARY PROGRAM.--A PRESCRIPTION DRUG COVERAGE
ADMINISTRATOR'S PROGRAM SHALL BE EXEMPT FROM THE REQUIREMENTS OF
THIS CHAPTER IF IT IS A VOLUNTARY PROGRAM OFFERED TO A COVERED
PERSON UNDER A HEALTH BENEFIT PLAN IN WHICH THE VALUE OF A
PHARMACEUTICAL MANUFACTURER'S ASSISTANCE PROGRAM IS APPLIED TO
REDUCE A COVERED PERSON'S OUT-OF-POCKET COSTS TO A FIXED MONTHLY
AMOUNT FOR THE BENEFIT YEAR FOR A SPECIFIC PRESCRIPTION AND ANY
ACTUAL COST THE COVERED PERSON PAYS WHILE IN THE PROGRAM IS
APPLIED TO THE COVERED PERSON'S APPLICABLE OUT-OF-POCKET MAXIMUM
RESPONSIBILITY.
SUBCHAPTER C
MISCELLANEOUS PROVISIONS
SEC.
5221. PROTECTIONS.
5222. REGULATIONS.
5223. ENFORCEMENT.
§ 5221. PROTECTIONS.
NOTHING IN THIS CHAPTER SHALL REQUIRE A HEALTH BENEFIT PLAN
TO CREDIT CO-PAY ASSISTANCE FOR A PRESCRIPTION DRUG IN
DEROGATION OF A POLICYHOLDER'S CONSTITUTIONAL PROTECTIONS OF
RELIGIOUS FREEDOM UNDER THE ACT OF DECEMBER 9, 2002 (P.L.1701,
NO.214), KNOWN AS THE RELIGIOUS FREEDOM PROTECTION ACT, OR 42
U.S.C. CH. 21B (RELATING TO RELIGIOUS FREEDOM RESTORATION).
§ 5222. REGULATIONS.
THE DEPARTMENT MAY PROMULGATE REGULATIONS AS NECESSARY AND
APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
§ 5223. ENFORCEMENT.
(A) PENALTIES.--AFTER SATISFACTORY EVIDENCE OF THE VIOLATION
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OF THIS CHAPTER BY A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR,
ONE OR MORE OF THE FOLLOWING PENALTIES MAY BE IMPOSED AT THE
COMMISSIONER'S DISCRETION:
(1) SUSPENSION OR REVOCATION OF THE OFFENDING ENTITY'S
LICENSE OR REGISTRATION.
(2) REFUSAL, FOR A PERIOD NOT TO EXCEED ONE YEAR, TO
ISSUE A NEW LICENSE OR REGISTRATION TO THE OFFENDING ENTITY.
(3) A FINE OF NOT MORE THAN $5,000 FOR EACH VIOLATION OF
THIS CHAPTER.
(4) A FINE OF NOT MORE THAN $10,000 FOR EACH WILLFUL
VIOLATION OF THIS CHAPTER.
(B) LIMITATION.--FINES IMPOSED AGAINST AN ENTITY UNDER THIS
SECTION MAY NOT EXCEED $500,000 IN THE AGGREGATE DURING A SINGLE
CALENDAR YEAR.
(C) ADDITIONAL REMEDIES.--THE ENFORCEMENT REMEDIES IMPOSED
UNDER THIS SECTION ARE IN ADDITION TO ANY OTHER REMEDIES OR
PENALTIES THAT MAY BE IMPOSED UNDER ANY OTHER APPLICABLE LAW OF
THIS COMMONWEALTH, INCLUDING:
(1) THE ACT OF JULY 22, 1974 (P.L.589, NO.205), KNOWN AS
THE UNFAIR INSURANCE PRACTICES ACT. A VIOLATION OF THIS
CHAPTER SHALL BE DEEMED TO BE AN UNFAIR METHOD OF COMPETITION
AND AN UNFAIR OR DECEPTIVE ACT OR PRACTICE UNDER THE UNFAIR
INSURANCE PRACTICES ACT.
(2) THE ACT OF DECEMBER 18, 1996 (P.L.1066, NO.159),
KNOWN AS THE ACCIDENT AND HEALTH FILING REFORM ACT.
(3) THE ACT OF JUNE 25, 1997 (P.L.295, NO.29), KNOWN AS
THE PENNSYLVANIA HEALTH CARE INSURANCE PORTABILITY ACT.
(4) THE ACT OF NOVEMBER 21, 2016 (P.L.1318, NO.169), AS
AMENDED, KNOWN AS THE PHARMACY BENEFIT REFORM ACT.
(D) ADMINISTRATIVE PROCEDURE.--THE ADMINISTRATIVE PROVISIONS
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OF THIS CHAPTER SHALL BE SUBJECT TO 2 PA.C.S. CH. 5 SUBCH. A
(RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES). A
PARTY AGAINST WHOM PENALTIES ARE ASSESSED IN AN ADMINISTRATIVE
ACTION MAY APPEAL TO COMMONWEALTH COURT AS PROVIDED IN 2 PA.C.S.
CH. 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH
AGENCY ACTION).
SECTION 2. THE FOLLOWING SHALL APPLY:
(1) FOR HEALTH BENEFIT PLANS FOR WHICH EITHER RATES OR
FORMS ARE REQUIRED TO BE FILED WITH THE DEPARTMENT, THIS
CHAPTER SHALL APPLY TO ANY POLICY FOR WHICH A FORM OR RATE IS
FIRST FILED ON OR AFTER THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH.
(2) FOR HEALTH BENEFIT PLANS FOR WHICH NEITHER RATES NOR
FORMS ARE REQUIRED TO BE FILED WITH THE DEPARTMENT, THIS
CHAPTER SHALL APPLY TO ANY POLICY ISSUED OR RENEWED ON OR
AFTER 180 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) SECTION 2 OF THIS ACT AND THIS SECTION SHALL TAKE
EFFECT IMMEDIATELY.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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