§ 991.2304-A. Contracts and coverage packages
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: July 11, 2022
Effective: July 11, 2022
40 P.S. § 991.2304-A
Formerly cited as PA ST 40 P.S. § 991.2311
§ 991.2304-A. Contracts and coverage packages
(1) The fund must be dedicated exclusively for distribution by the department through contracts in order to provide free and subsidized health care services under this article, based on an actuarially sound and adequate review, and to develop and implement outreach activities required under section 2305-A.1
(i) All contracts awarded under this subsection must be awarded through a competitive procurement process. The department and the Insurance Department must use their best efforts to ensure that eligible children across this Commonwealth have access to health care services to be provided under this article.
(ii) No more than 10% of the amount of the contract may be used for administrative expenses of the contractor. If a contractor presents documented evidence that administrative expenses for purposes of expanded outreach and systems and operational changes are in excess of 10% of the amount of the contract, the department shall make an additional allotment of funds, not to exceed 2% of the amount of the contract, to the contractor to the extent that the department finds the expenses reasonable and necessary.
(iv) In determining the amount of the contract which may be used for the purposes specified in subparagraphs (ii) and (iii), any Federal and State taxes that would be deducted from premium revenue in determining an issuer's medical loss ratio under 45 CFR 158.221 (relating to formula for calculating an issuer's medical loss ratio), including a managed care organization assessment imposed on a contractor under the act of June 13, 1967 (P.L. 31, No. 21),2 known as the Public Welfare Code, shall be excluded.
(1) To the fullest extent practicable, contracts shall be awarded to insurers that contract with providers to provide primary care services for enrollees on a cost-effective basis. The department shall require contractors to use appropriate cost-management methods so that basic primary coverage services can be provided to the maximum number of eligible children and, if possible, to pursue and utilize available public and private funds.
(c) Bidding.--Upon receipt of a solicitation from the department, each health service corporation and hospital plan corporation shall directly, or at the corporation's discretion through their affiliated entities doing business in this Commonwealth, submit a bid or proposal to the department to carry out the purposes of this article in the area serviced by the corporation. If a health service corporation or hospital plan corporation directly submits a bid or proposal, the bid or proposal shall be for those counties in which it is permitted to offer its products.
(2) Contract with qualified, cost-effective providers, which may include primary health care physicians, nurse practitioners, clinics and HMOs, to provide primary and preventive health care for enrollees on a basis best calculated to manage the costs of the services, including, but not limited to, using managed health care techniques and other appropriate medical cost-management methods.
(8) Strongly encourage all providers who provide primary care to eligible children to participate in medical assistance as qualified EPSDT providers and to continue to provide care to children who become ineligible for coverage under the provisions of this article but who qualify for medical assistance.
(A) Well-child care visits in accordance with the schedule established by the American Academy of Pediatrics and the services related to the visits, including immunizations, health education, tuberculosis testing and developmental screening in accordance with the routine schedule of well-child care visits.
(10) The department may implement a premium assistance program permitted under Federal regulations and as permitted through Federal waiver or State plan amendment made pursuant to this article. Notwithstanding any other law to the contrary, if it is more cost effective to purchase health care from a parent's employer-based program and the employer-based program meets the minimum coverage requirements, employer-based coverage may be purchased in place of enrollment in the children's health insurance program established under this article. An insurer must honor a request for enrollment and purchase of employee group health insurance requested on behalf of an individual applying for coverage under this chapter if the individual:
(ii) is qualified based on income under section 2302-A;3 and
(1) The department, in consultation with appropriate Commonwealth agencies, shall review enrollment patterns for both the free coverage program and the subsidized coverage program. The department shall consider the relationship, if any, among enrollment, enrollment fees, income levels and family composition.
(2) Based on the results of this study and the availability of funds, the department may adjust the maximum income ceiling for free coverage and the maximum income ceiling for subsidized coverage by regulation. The maximum income ceiling for free coverage may not be raised above 200% of the Federal poverty level.
(h) Limit.--Notwithstanding subsection (g) and subject to section 2307-A,4 the maximum income ceiling for subsidized coverage under section 2302-A(d)(2), (3) or (4) may not be raised above 300% of the Federal poverty level.
Credits
1921, May 17, P.L. 682, No. 284, art. XXIII-A, § 2304-A, added 2015, Dec. 20, P.L. 461, No. 84, § 3, imd. effective. Amended 2022, July 11, P.L. 1618, No. 94, § 1, imd. effective.
<See 40 P.S. § 991.2309-A for expiration of Article XXIII-A.>
40 P.S. § 991.2304-A, PA ST 40 P.S. § 991.2304-A
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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