Pennsylvania HB 2289: An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, in preliminary provisions, providing for health care sharing ministries.

Bill Text

PRINTER'S NO. 2998
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2289
Session of
2026
INTRODUCED BY BURGOS, GUZMAN, HILL-EVANS, CEPEDA-FREYTIZ, GREEN,
K. HARRIS AND MADDEN, MARCH 13, 2026
REFERRED TO COMMITTEE ON HEALTH, MARCH 13, 2026
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 preliminary provisions,
providing for health care sharing ministries.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 17, 1921 (P.L.682, No.284), known
as The Insurance Company Law of 1921, is amended by adding a
section to read:
Section 107.1. Health Care Sharing Ministries.--A health
care sharing ministry, and the operation thereof, shall not be
considered an insurance company, health maintenance organization
or health benefit plan of any type in this Commonwealth subject
to the laws or regulations of this Commonwealth respecting
insurance companies, health maintenance organizations or health
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benefit plans of any type and shall not be subject to the
jurisdiction of the Insurance Commissioner. The operation of a
health care sharing ministry shall not constitute the
transaction of insurance business and shall not be considered an
unfair or deceptive act or practice in the conduct of trade or
commerce prohibited by the laws of this Commonwealth. As used in
this section, the term "health care sharing ministry" means a
faith-based nonprofit organization:
(1) Whose members share a common set of similar and
sincerely held ethical or religious beliefs.
(2) That shares medical expenses in accordance with a common
set of ethical or religious beliefs and allows members to retain
membership even after developing a medical condition.
(3) That establishes amounts that any member may contribute
voluntarily for distribution by the organization to or for the
direct benefit of other members, with no assumption of risk or
promise to pay among the members or by the organization.
(4) That facilitates, coordinates and administers the
sharing of medical expenses among members using funds
voluntarily and willingly contributed by members according to
criteria established by the organization.
(5) That makes a monthly statement available to all members
that lists the total amount of qualified medical expense needs
submitted for sharing, as well as the amount actually paid
towards member medical expenses.
(6) That provides for an annual audit by an independent
certified public accountant in accordance with generally
accepted accounting principles and makes the annual audit
available to the public upon request.
(7) That includes on or with all membership applications,
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member terms and conditions and sharing guidelines published or
distributed by the organization a written disclaimer that reads,
in substance:
NOTICE. A Health Care Sharing Ministry (HCSM) is not an
insurance company, financial assistance through its programs
is not insurance, and this document is not an insurance
policy or contract. Contributions for sharing are voluntary
and neither the organization nor any member can be compelled
by law to contribute toward your medical bills. Whether or
not you receive sharing assistance, or this organization
continues to operate, you are always personally responsible
for the payment of your own medical bills. This organization
and sharing program are not regulated by the Pennsylvania
Department of Insurance. You should review all sharing
guidelines carefully to understand any limitations that may
affect your personal medical and financial needs.
Section 2. This act shall take effect in 60 days.
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