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PRINTER'S NO. 3538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2611
Session of
2026
INTRODUCED BY KINKEAD, FRIEL, RIVERA, GUZMAN, HILL-EVANS,
PARKER, WAXMAN, PROBST, GUENST, HOHENSTEIN AND McNEILL,
JUNE 8, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of aggravated assault of an insured.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2702.2. Aggravated assault of an insured.
(a) Offense defined.--A chief executive officer of a health
insurer is guilty of aggravated assault if an insured receives
an adverse benefit determination from the health insurer of a
medically necessary benefit and that adverse benefit
determination results in serious bodily injury or death to the
insured.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Adverse benefit determination." As defined in section 2102
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of the act of May 17, 1921 (P.L.682, No.284), known as The
Insurance Company Law of 1921.
"Chief executive officer." The highest ranking officer or
decision-making individual with authority over a health
insurer's affairs.
"Health insurance policy." An individual or group insurance
policy, subscriber contract, certificate or plan issued by an
insurer that provides medical or health care coverage, including
emergency services. The term does not include:
(1) An accident only policy.
(2) A credit only policy.
(3) A long-term care or disability income policy.
(4) A specified disease policy.
(5) A Medicare supplement policy.
(6) A TRICARE policy, including a Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS)
supplement policy.
(7) A fixed indemnity policy.
(8) A hospital indemnity policy.
(9) A dental only policy.
(10) A vision only policy.
(11) A workers' compensation policy.
(12) An automobile medical payment policy.
(13) A homeowners' insurance policy.
(14) A short-term limited duration policy.
(15) Any other policy providing for limited benefits.
"Health insurer." An entity licensed by the Insurance
Department that offers, issues or renews a health insurance
policy that is offered or governed under any of the following:
(1) 40 Pa.C.S. Ch. 61 (relating to hospital plan
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corporations) or 63 (relating to professional health services
plan corporations).
(2) Section 630 of The Insurance Company Law of 1921.
(3) The act of December 29, 1972 (P.L.1701, No.364),
known as the Health Maintenance Organization Act.
"Insured." As defined in section 603-B of The Insurance
Company Law of 1921.
"Medically necessary." As defined in section 1103 of The
Insurance Company Law of 1921.
Section 2. This act shall take effect in 60 days.
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