HB 1623 — An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, in regulation of insurers and related persons generally, providing for notification requirements for older adult health insurance policies.

PRINTER'S NO.   1957

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1623
                                               Session of
                                                 2025

     INTRODUCED BY B. MILLER, GREINER, FREEMAN, KAUFFMAN, RIVERA,
        CIRESI AND ZIMMERMAN, JUNE 17, 2025

     REFERRED TO COMMITTEE ON INSURANCE, JUNE 17, 2025


                                    AN ACT
 1   Amending Title 40 (Insurance) of the Pennsylvania Consolidated
 2      Statutes, in regulation of insurers and related persons
 3      generally, providing for notification requirements for older
 4      adult health insurance policies.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 40 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a chapter to read:
 9                                CHAPTER 52
10                       NOTIFICATION REQUIREMENTS FOR
11                   OLDER ADULT HEALTH INSURANCE POLICIES
12   Sec.
13   5201.   Definitions.
14   5202.   Power of attorney notification.
15   § 5201.   Definitions.
16      The following words and phrases when used in this chapter
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      "Agent."   A person designated by a principal, who is an older
 1   adult, in a power of attorney to act on behalf of the principal.
 2      "Health insurance policy."     As defined in section 4001
 3   (relating to definitions).
 4      "Older adult."     An individual who is 60 years of age or older
 5   and who is a resident of this Commonwealth upon enrollment in a
 6   health insurance policy.
 7   § 5202.    Power of attorney notification.
 8      (a)    Duties of insurer.--An insurer shall:
 9             (1)   If an older adult is enrolling in a health insurance
10      policy, ask the older adult if the older adult has a power of
11      attorney which provides for health care decision making and
12      request that the older adult provide the name and contact
13      information of the agent under the power of attorney.
14             (2)   Inform the older adult that the purpose of
15      collecting the information under paragraph (1) is to provide
16      the agent with notification of the older adult enrolling in
17      or canceling a health insurance policy.
18             (3)   If the insurer has an agent on file for an older
19      adult, notify the agent in writing if the older adult enrolls
20      in or cancels a health insurance policy and send a copy of
21      the notification to the older adult. The notification shall
22      inform the older adult of the rescission period under
23      subsection (b) and the effect of invoking the right of
24      rescission.
25      (b)    Rescission period.--If an agent is notified as provided
26   under subsection (a), the older adult has the right, within 30
27   days, to rescind enrollment in or cancellation of the health
28   insurance policy without penalty.
29      (c)    Revocation of power of attorney.--If an older adult
30   revokes a power of attorney and notifies the insurer of the

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 1   revocation, the duties of the insurer under subsection (a) shall
 2   not apply.
 3      (d)     Defense.--Good faith reliance on the information
 4   provided by an older adult shall be a complete defense to any
 5   civil or criminal action brought against an insurer based on
 6   actions taken by the insurer under this section.
 7      Section 2.     The addition of 40 Pa.C.S. Ch. 52 shall apply to
 8   enrollments and cancellations of health insurance policies by
 9   older adults that occur after the effective date of this
10   section.
11      Section 3.     This act shall take effect in 60 days.




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