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 Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An act relating to insurance; amending, revising, and consolidating the law providing for the incorporation of insurance companies, and the regulation, supervision, and protection of home and foreign insurance companies, Lloyds associations, reciprocal and inter-insurance exchanges, and fire insurance rating bureaus, and the regulation and supervision of insurance carried by such companies, associations, and exchanges, including insurance carried by the State Workmen's Insurance Fund; providing penalties; and repealing existing laws," in casualty insurance, providing for coverage of allergenic protein dietary supplements. The General Assembly finds and declares as follows: (1) It is estimated that approximately 8% of children in the United States have food allergies. (2) Studies have found that approximately 38.7% of food- allergic children had a history of severe food-induced reactions. (3) Non-Hispanic Black children have two times the number of food-induced anaphylaxis and food allergy-related emergency department visits than non-Hispanic white children. (4) The 2019 Economic Burden of Food Allergy: A Systemic Review found annual mean individual-level direct medical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 costs of a food allergy of $2,081, with mean individual-level out-of-pocket costs of $1,874. (5) In 2021, the American Academy of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology and the Canadian Society for Allergy and Clinical Immunology released joint guidance recommending that at approximately six months of age, infants should be introduced to both peanut and egg products. (6) Introducing peanut and egg protein into infant diets is a cost-effective way to reduce the number of people with food allergies. (7) Reducing the number of people with food allergies will save lives, reduce health disparities and reduce medical costs to individuals and all residents of this Commonwealth. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, is amended by adding a section to read: Section 635.11. Coverage of Allergenic Protein Dietary Supplements.--(a) An insurer that offers, issues or renews a health insurance policy in this Commonwealth shall provide coverage to an insured for at least one of the following: (1) An early egg allergen introduction dietary supplement. (2) An early peanut allergen introduction dietary supplement. (b) An insurer shall provide the coverage under subsection (a) to the insured at no additional cost, including cost- sharing. (c) Except as provided in subsection (b), nothing in this 20250HB0672PN0679 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 section shall be construed as preventing a health insurance policy from imposing cost-sharing. (d) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Cost-sharing" means: (1) The share of the health care costs covered by a health insurance policy that an insured pays out of pocket. (2) The term includes a deductible, coinsurance, copayment or similar charge. "Dietary supplement" means as defined in 21 U.S.C. ยง 321(ff) (relating to definitions; generally). "Early egg allergen introduction dietary supplement" means a dietary supplement that: (1) is prescribed to an infant by a health care practitioner; and (2) contains sufficient infant-safe, well-cooked egg protein to reduce the risk of food allergies. "Early peanut allergen introduction dietary supplement" means a dietary supplement that: (1) is prescribed to an infant by a health care practitioner; and (2) contains sufficient infant-safe peanut protein to reduce the risk of food allergies. "Health care practitioner" means an individual who is authorized to practice some component of the healing arts by a license, permit, certificate or registration issued by a Commonwealth licensing agency or board. " Health insurance policy" means: (1) A policy, subscriber contract, certificate or plan 20250HB0672PN0679 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 issued by an insurer that provides medical or health care coverage. (2) The term does not include any of the following: (i) An accident only policy. (ii ) A credit only policy. (iii) A long-term care or disability income policy. (iv) A specified disease policy. (v) A Medicare supplement policy. (vi) A fixed indemnity policy. (vii) A dental only policy. (viii) A vision only policy. (ix) A workers' compensation policy. (x) An automobile medical payment policy. (xi) A policy under which benefits are provided by the Federal Government to active or former military personnel and their dependents. (xii) A hospital indemnity policy. (xiii) Any other similar policies providing for limited benefits. "Infant" means an individual who is under one year of age. "Insurer" means an entity that offers, issues or renews an individual or group health insurance policy that provides medical or health care coverage by a health care facility or health care practitioner and that is governed under any of the following: (1) This act, including section 630 and Article XXIV. (2) The act of December 29, 1972 (P.L.1701, No.364), known as the "Health Maintenance Organization Act." (3) 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations). 20250HB0672PN0679 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (4) 40 Pa.C.S. Ch. 63 (relating to professional health services plan corporations). Section 2. This act shall apply to health insurance policies offered, issued or renewed on or after the effective date of this section. Section 3. This act shall take effect in 60 days. 20250HB0672PN0679 - 5 - 1 2 3 4 5 6