§ 449.9. Mandated health benefits
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 29, 2008
Effective: June 29, 2008
35 P.S. § 449.9
§ 449.9. Mandated health benefits
In relation to current law or proposed legislation, the council shall, upon the request of the appropriate committee chairman in the Senate and in the House of Representatives or upon the request of the Secretary of Health, provide information on the proposed mandated health benefit pursuant to the following:
(1) The General Assembly hereby declares that proposals for mandated health benefits or mandated health insurance coverage should be accompanied by adequate, independently certified documentation defining the social and financial impact and medical efficacy of the proposal. To that end the council, upon receipt of such requests, is hereby authorized to conduct a preliminary review of the material submitted by both proponents and opponents concerning the proposed mandated benefit. If, after this preliminary review, the council is satisfied that both proponents and opponents have submitted sufficient documentation necessary for a review pursuant to paragraphs (3) and (4), the council is directed to contract with individuals, pursuant to the selection procedures for vendors set forth in section 16,1 who will constitute a Mandated Benefits Review Panel to review mandated benefits proposals and provide independently certified documentation, as provided for in this section.
(4) To provide the Mandated Benefits Review Panel with sufficient information to carry out its duties and responsibilities pursuant to paragraph (3), persons proposing or opposing legislation mandating benefits coverage should submit documentation to the council, pursuant to the procedure established in paragraph (5), which demonstrates the following:
(iii) Upon receipt of the comments of the Secretary of Health and the Insurance Commissioner and of the findings of the panel, pursuant to subparagraph (ii), but no later than 120 days following the publication required in subparagraph (ii), the council shall submit said comments and findings, together with its recommendations respecting the proposed legislation, to the Governor, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Secretary of Health, the Insurance Commissioner and the person who submitted the information pursuant to subparagraph (i).
1986, July 8, P.L. 408, No. 89, § 9, imd. effective. Reenacted and amended 1993, June 28, P.L. 146, No. 34, § 1, imd. effective; 2003, July 17, P.L. 31, No. 14, § 4, imd. effective. Reenacted 2009, June 10, P.L. 10, No. 3, § 3, retroactive effective June 29, 2008.
<See 35 P.S. § 449.19 for expiration of this act.>
HISTORICAL AND STATUTORY NOTES
Act 1993-34 legislation
The 1993 amendment in subd. (1) substituted “to conduct a preliminary review of the material submitted by both proponents and opponents concerning the proposed mandated benefit. If, after this preliminary review, the council is satisfied that both proponents and opponents have submitted sufficient documentation necessary for a review pursuant to paragraphs (3) and (4), the council is” for “and”, and rewrote subd. (2), which prior thereto read:
“(2) The panel shall consist of three senior researchers, each of whom shall be a recognized expert, one in health research, one in biostatistics and one in economics research.”
Act 2003-14 legislation
Act 2003-14, § 4, in par. (2), in the introductory paragraph, deleted “four” preceding “senior”; and added par. (2)(v).
Section 10 of 2003, July 17, P.L. 31, No. 14, imd. effective, provides that “[t]his act shall apply retroactively to June 29, 2003.”
35 P.S. § 449.16.
35 P.S. § 449.9, PA ST 35 P.S. § 449.9
Current through 2018 Regular Session Acts 1 to 47, 51, 52, 54, 65, 66, 71 and 72
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