HB 672 — 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.

PRINTER'S NO.   679

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 672
                                              Session of
                                                2025

     INTRODUCED BY CURRY, PROBST, MADDEN, GUENST, GIRAL, SANCHEZ,
        PIELLI, O'MARA, KENYATTA AND FREEMAN, FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 20, 2025


                                    AN ACT
 1   Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
 2      act relating to insurance; amending, revising, and
 3      consolidating the law providing for the incorporation of
 4      insurance companies, and the regulation, supervision, and
 5      protection of home and foreign insurance companies, Lloyds
 6      associations, reciprocal and inter-insurance exchanges, and
 7      fire insurance rating bureaus, and the regulation and
 8      supervision of insurance carried by such companies,
 9      associations, and exchanges, including insurance carried by
10      the State Workmen's Insurance Fund; providing penalties; and
11      repealing existing laws," in casualty insurance, providing
12      for coverage of allergenic protein dietary supplements.
13      The General Assembly finds and declares as follows:
14          (1)   It is estimated that approximately 8% of children in
15      the United States have food allergies.
16          (2)   Studies have found that approximately 38.7% of food-
17      allergic children had a history of severe food-induced
18      reactions.
19          (3)   Non-Hispanic Black children have two times the
20      number of food-induced anaphylaxis and food allergy-related
21      emergency department visits than non-Hispanic white children.
22          (4)   The 2019 Economic Burden of Food Allergy: A Systemic
23      Review found annual mean individual-level direct medical
 1      costs of a food allergy of $2,081, with mean individual-level
 2      out-of-pocket costs of $1,874.
 3            (5)   In 2021, the American Academy of Allergy, Asthma and
 4      Immunology, the American College of Allergy, Asthma and
 5      Immunology and the Canadian Society for Allergy and Clinical
 6      Immunology released joint guidance recommending that at
 7      approximately six months of age, infants should be introduced
 8      to both peanut and egg products.
 9            (6)   Introducing peanut and egg protein into infant diets
10      is a cost-effective way to reduce the number of people with
11      food allergies.
12            (7)   Reducing the number of people with food allergies
13      will save lives, reduce health disparities and reduce medical
14      costs to individuals and all residents of this Commonwealth.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17      Section 1.    The act of May 17, 1921 (P.L.682, No.284), known
18   as The Insurance Company Law of 1921, is amended by adding a
19   section to read:
20      Section 635.11.    Coverage of Allergenic Protein Dietary
21   Supplements.--(a)    An insurer that offers, issues or renews a
22   health insurance policy in this Commonwealth shall provide
23   coverage to an insured for at least one of the following:
24      (1)     An early egg allergen introduction dietary supplement.
25      (2)     An early peanut allergen introduction dietary
26   supplement.
27      (b)   An insurer shall provide the coverage under subsection
28   (a) to the insured at no additional cost, including cost-
29   sharing.
30      (c)   Except as provided in subsection (b), nothing in this

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 1   section shall be construed as preventing a health insurance
 2   policy from imposing cost-sharing.
 3      (d)   As used in this section, the following words and phrases
 4   shall have the meanings given to them in this subsection unless
 5   the context clearly indicates otherwise:
 6      "Cost-sharing" means:
 7      (1)   The share of the health care costs covered by a health
 8   insurance policy that an insured pays out of pocket.
 9      (2)   The term includes a deductible, coinsurance, copayment
10   or similar charge.
11      "Dietary supplement" means as defined in 21 U.S.C. § 321(ff)
12   (relating to definitions; generally).
13      "Early egg allergen introduction dietary supplement" means a
14   dietary supplement that:
15      (1)   is prescribed to an infant by a health care
16   practitioner; and
17      (2)   contains sufficient infant-safe, well-cooked egg protein
18   to reduce the risk of food allergies.
19      "Early peanut allergen introduction dietary supplement" means
20   a dietary supplement that:
21      (1)   is prescribed to an infant by a health care
22   practitioner; and
23      (2)   contains sufficient infant-safe peanut protein to reduce
24   the risk of food allergies.
25      "Health care practitioner" means an individual who is
26   authorized to practice some component of the healing arts by a
27   license, permit, certificate or registration issued by a
28   Commonwealth licensing agency or board.
29      "Health insurance policy" means:
30      (1)   A policy, subscriber contract, certificate or plan

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 1   issued by an insurer that provides medical or health care
 2   coverage.
 3      (2)    The term does not include any of the following:
 4      (i)    An accident only policy.
 5      (ii)     A credit only policy.
 6      (iii)     A long-term care or disability income policy.
 7      (iv)     A specified disease policy.
 8      (v)    A Medicare supplement policy.
 9      (vi)     A fixed indemnity policy.
10      (vii)     A dental only policy.
11      (viii)     A vision only policy.
12      (ix)     A workers' compensation policy.
13      (x)    An automobile medical payment policy.
14      (xi)     A policy under which benefits are provided by the
15   Federal Government to active or former military personnel and
16   their dependents.
17      (xii)     A hospital indemnity policy.
18      (xiii)     Any other similar policies providing for limited
19   benefits.
20      "Infant" means an individual who is under one year of age.
21      "Insurer" means an entity that offers, issues or renews an
22   individual or group health insurance policy that provides
23   medical or health care coverage by a health care facility or
24   health care practitioner and that is governed under any of the
25   following:
26      (1)    This act, including section 630 and Article XXIV.
27      (2)    The act of December 29, 1972 (P.L.1701, No.364), known
28   as the "Health Maintenance Organization Act."
29      (3)    40 Pa.C.S. Ch. 61 (relating to hospital plan
30   corporations).

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1      (4)   40 Pa.C.S. Ch. 63 (relating to professional health
2   services plan corporations).
3      Section 2.   This act shall apply to health insurance policies
4   offered, issued or renewed on or after the effective date of
5   this section.
6      Section 3.   This act shall take effect in 60 days.




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