Pennsylvania SB 608: An Act amending the act of December 22, 2005 (P.L.474, No.94), known as the Breach of Personal Information Notification Act, further providing for definitions and for notification of breach; and providing for contents and nature of notice and for storage policies.

Bill Text

PRINTER'S NO. 625
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 608
Session of
2025
INTRODUCED BY BROOKS, BROWN, ROTHMAN, FONTANA, STEFANO, LAUGHLIN
AND COSTA, APRIL 11, 2025
REFERRED TO BANKING AND INSURANCE, APRIL 11, 2025
AN ACT
Amending Title 40 (Insurance) of the Pennsylvania Consolidated
Statutes, in regulation of insurers and related persons
generally, providing for association health plans.
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 41
ASSOCIATION HEALTH PLANS
Sec.
4101. Definitions.
4102. H ealth insurance policy requirements.
4103. Applicability.
§ 4101. 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:
"Association." As follows:
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(1) A member-based organization of employer members.
(2) The term shall include all of the following:
(i) Employers that are in the same industry, trade
or profession.
(ii) Employers that are domiciled or residing in
this Commonwealth that do not share the same industry,
trade or profession to the extent permitted under the
regulations of the United States Department of Labor in
relation to ERISA.
"Employee." An individual employed by an employer. The term
shall include a sole proprietor to the extent permitted under
the regulations of the United States Department of Labor in
relation to ERISA.
"Employee welfare benefit plan." As the term is defined in
29 U.S.C. § 1002(1) (relating to definitions).
"Employer." As follows:
(1) As the term is defined in 29 U.S.C. § 1002(5).
(2) The term shall include an association. For purposes
of determining employer size of an association, all of the
employees of employer members of the association shall be
aggregated and treated as employed by a single employer.
"ERISA." The Employee Retirement Income Security Act of 1974
(29 U.S.C. § 1001 et seq.).
"Group health plan." An employee welfare benefit plan, to
the extent that the plan provides health care service and
includes items and services paid for as health care service to
employees of an employer, employees of employer members of an
association, small employers or any combination of these
persons, directly or through insurance, reimbursement or
otherwise.
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"Health care service." A covered treatment, admission,
procedure, medical supply or equipment or other service,
including behavioral health, prescribed or otherwise provided or
proposed to be provided by a health care provider to an insured
under a health insurance policy.
"Health insurance policy." As follows:
(1) An insurance policy, subscriber contract,
certificate or plan that provides medical or health care
coverage, including emergency services.
(2) The term does not include any of the following:
(i) An accident only policy.
(ii) A credit only policy.
(iii) A long-term care or disability income policy.
(iv) A specified disease policy.
(v) A Medicare supplement policy.
(vi) A TRICARE policy, including a Civilian Health
and Medical Program of the Uniformed Services (CHAMPUS)
supplement policy.
(vii) A fixed indemnity policy.
(viii) A dental only policy.
(ix) A vision only policy.
(x) A workers' compensation policy.
(xi) An automobile medical payment policy.
(xii) A homeowners insurance policy.
(xiii) Another similar policy providing for limited
benefits.
"Insured." As follows:
(1) A person on whose behalf an insurer is obligated to
pay covered health care expense benefits or provide health
care services under a health insurance policy.
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(2) The term includes a policyholder, certificate
holder, subscriber, member, dependent or other individual who
is eligible to receive health care services under a health
insurance policy.
"Insurer." An entity licensed by the department with
accident and health authority to issue a health insurance policy
that is offered or governed under any of the following:
(1) The act of May 17, 1921 (P.L.682, No.284), known as
The Insurance Company Law of 1921, including section 630 and
Article XXIV of that act.
(2) The act of December 29, 1972 (P.L.1701, No.364),
known as the Health Maintenance Organization Act.
(3) Chapter 61 (relating to hospital plan corporations)
or 63 (relating to professional health services plan
corporations).
"Large employer." As follows:
(1) In connection with a group health plan or health
insurance coverage with respect to a calendar year and a plan
year, an employer that:
(i) employed an average of at least 51 employees on
business days during the preceding calendar year; and
(ii) employs at least one employee on the first day
of the plan year.
(2) The