HB 1070 — An Act amending the act of July 2, 1996 (P.L.514, No.85), known as the Health Security Act, further providing for definitions and for postpartum coverage standards; providing for provisions relating to involuntary discharge; and imposing duties on the Department of Human Services.

PRINTER'S NO.     1170

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1070
                                               Session of
                                                 2025

     INTRODUCED BY CURRY, D. MILLER, HOHENSTEIN, HILL-EVANS, WAXMAN,
        T. DAVIS, GIRAL, PIELLI, PROBST, SANCHEZ, KHAN, MADDEN,
        D. WILLIAMS, PARKER, BELLMON, DEASY, CEPEDA-FREYTIZ, RIVERA,
        STEELE AND K.HARRIS, MARCH 31, 2025

     REFERRED TO COMMITTEE ON HEALTH, MARCH 31, 2025


                                    AN ACT
 1   Amending the act of July 2, 1996 (P.L.514, No.85), entitled "An
 2      act providing for certain health insurance benefits to aid
 3      the health and well-being of mother and child following the
 4      birth of a child; and prohibiting certain practices by
 5      insurers," further providing for definitions and for
 6      postpartum coverage standards; providing for provisions
 7      relating to involuntary discharge; and imposing duties on the
 8      Department of Human Services.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    The definition of "health insurance policy" in
12   section 2 of the act of July 2, 1996 (P.L.514, No.85), known as
13   the Health Security Act, is amended and the section is amended
14   by adding definitions to read:
15   Section 2.   Definitions.
16      The following words and phrases when used in this act shall
17   have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      * * *
20      "Government program."    A program of government-sponsored or
 1   subsidized health care coverage, including:
 2             (1)   The children's health insurance program established
 3      under Article XXIII-A of the act of May 17, 1921 (P.L.682,
 4      No.284), known as The Insurance Company Law of 1921.
 5             (2)   The medical assistance program established under the
 6      act of June 13, 1967 (P.L.31, No.21), known as the Human
 7      Services Code.
 8      "Health insurance policy."     Any individual or group health
 9   insurance policy, contract or plan which provides medical or
10   health care coverage by any health care facility or licensed
11   health care provider on an expense-incurred service or prepaid
12   basis and which is offered by or is governed under any of the
13   following:
14             [Act of May 17, 1921 (P.L.682, No.284), known as] The
15      Insurance Company Law of 1921.
16             Subarticle (f) of Article IV of the [act of June 13, 1967
17      (P.L.31, No.21), known as the Public Welfare Code] Human
18      Services Code.
19             Act of December 29, 1972 (P.L.1701, No.364), known as the
20      Health Maintenance Organization Act.
21             Act of May 18, 1976 (P.L.123, No.54), known as the
22      Individual Accident and Sickness Insurance Minimum Standards
23      Act.
24             Act of December 14, 1992 (P.L.835, No.134), known as the
25      Fraternal Benefit Societies Code.
26             A nonprofit corporation subject to 40 Pa.C.S. Chs. 61
27      (relating to hospital plan corporations) and 63 (relating to
28      professional health services plan corporations).
29      * * *
30      "Observation status."     A medical code providing for

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 1   monitoring and assessment of a patient's medical condition by
 2   trained and certified medical staff in a hospital or care
 3   setting at a lower level of care and lower rate of billing than
 4   acute care.
 5      Section 2.     Section 3 of the act is amended by adding a
 6   subsection to read:
 7   Section 3.     Postpartum coverage standards.
 8      * * *
 9      (b.1)     Elective postpartum observation and care.--
10            (1)   Consistent with Federal law, every health insurance
11      policy that provides maternity benefits and is delivered,
12      issued, executed or renewed in this Commonwealth on or after
13      January 1, 2026, shall provide additional coverage for
14      elective postpartum observation and care for a minimum of 24
15      hours following the 48 hours or 96 hours of inpatient care
16      specified in subsection (a), at the hospital, birthing center
17      or other medical facility in which the mother gave birth.
18            (2)   Postpartum counseling services or other child care
19      information may be provided during the elective postpartum
20      observation and care period in addition to any other
21      medically required care to the mother or newborn.
22            (3)   The Department of Human Services shall apply for a
23      waiver designation to provide for coverage through government
24      programs for the additional 24 hours of elective postpartum
25      observation and care.
26      * * *
27      Section 3.     The act is amended by adding a section to read:
28   Section 3.1.    Involuntary discharge.
29      (a)   Time period.--A hospital, birthing center or other
30   medical facility may not involuntarily discharge a postpartum

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1   patient or newborn between the hours of 10 p.m. and 8 a.m.
2      (b)   Billing.--A postpartum patient who refuses discharge
3   between the hours of 10 p.m. and 8 a.m. may be billed under
4   observation status during the period that the postpartum patient
5   remains in the hospital, birthing center or other medical
6   facility and shall receive a level of medical care consistent
7   with the observation status during that time.
8      Section 4.   This act shall take effect in 60 days.




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