Pennsylvania SB 978: An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, in casualty insurance, providing for coverage of allergenic protein dietary supplements.

Bill Text

PRINTER'S NO. 1120
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 978
Session of
2025
INTRODUCED BY BARTOLOTTA, SAVAL, BROWN, PENNYCUICK, HAYWOOD,
STREET, VOGEL AND SCHWANK, AUGUST 25, 2025
REFERRED TO BANKING AND INSURANCE, AUGUST 25, 2025
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 casualty insurance, providing
for coverage of allergenic protein dietary supplements.
The General Assembly finds and declares as follows:
(1) It is estimated that approximately 8% of children in
the United States have food allergies.
(2) Studies have found that approximately 38.7% of food-
allergic children had a history of severe food-induced
reactions.
(3) Non-Hispanic Black children have two times the
number of food-induced anaphylaxis and food allergy-related
emergency department visits than non-Hispanic White children.
(4) The 2019 Economic Burden of Food Allergy: A Systemic
Review found annual mean individual-level direct medical
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costs of a food allergy of $2,081, with mean individual-level
out-of-pocket costs of $1,874.
(5) In 2021, the American Academy of Allergy, Asthma and
Immunology, the American College of Allergy, Asthma and
Immunology and the Canadian Society for Allergy and Clinical
Immunology released joint guidance recommending that at
approximately six months of age, infants should be introduced
to both peanut and egg products.
(6) Introducing peanut and egg protein into infant diets
is a cost-effective way to reduce the number of people with
food allergies.
(7) Reducing the number of people with food allergies
will save lives, reduce health disparities and reduce medical
costs to individuals and all residents of this Commonwealth.
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 635.11. Coverage of Allergenic Protein Dietary
Supplements.--(a) An insurer that offers, issues or renews a
health insurance policy in this Commonwealth shall provide
coverage to an insured for at least one of the following:
(1) An early egg allergen introduction dietary supplement.
(2) An early peanut allergen introduction dietary
supplement.
(b) An insurer shall provide the coverage under subsection
(a) to the insured at no additional cost, including cost-
sharing.
(c) Except as provided in subsection (b), nothing in this
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section shall be construed as preventing a health insurance
policy from imposing cost-sharing.
(d) 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:
"Cost-sharing" means:
(1) The share of the health care costs covered by a health
insurance policy that an insured pays out of pocket.
(2) The term includes a deductible, coinsurance, copayment
or similar charge.
"Dietary supplement" means as defined in 21 U.S.C. § 321(ff)
(relating to definitions; generally).
"Early egg allergen introduction dietary supplement" means a
dietary supplement that:
(1) is prescribed to an infant by a health care
practitioner; and
(2) contains sufficient infant-safe, well-cooked egg protein
to reduce the risk of food allergies.
"Early peanut allergen introduction dietary supplement" means
a dietary supplement that:
(1) is prescribed to an infant by a health care
practitioner; and
(2) contains sufficient infant-safe peanut protein to reduce
the risk of food allergies.
"Health care practitioner" means an individual who is
authorized to practice some component of the healing arts by a
license, permit, certificate or registration issued by a
Commonwealth licensing agency or board.
" Health insurance policy" means:
(1) A policy, subscriber contract, certificate or plan
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issued by an insurer that provides medical or health care
coverage.
(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 fixed indemnity policy.
(vii) A dental only policy.
(viii) A vi