HB 2226

PRIOR PRINTER'S NO. 2917  PRINTER'S NO.   3706
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2226
                                          Session of
                                            2026
INTRODUCED BY KINKEAD, KUZMA, KHAN, HANBIDGE, PARKER, McNEILL,
   WAXMAN, HILL-EVANS, CEPEDA-FREYTIZ, GUZMAN, CERRATO,
   HOHENSTEIN, SCOTT, DOUGHERTY, FLEMING, GAYDOS, SHUSTERMAN,
   PROKOPIAK, HOWARD, SANCHEZ, KAZEEM, SALISBURY, M. MACKENZIE,
   FIEDLER, PIELLI, BRENNAN, MADDEN, MATZIE, MARKOSEK,
   GOUGHNOUR, BRIGGS AND FRIEL, FEBRUARY 18, 2026
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
   REPRESENTATIVES, AS AMENDED, JUNE 24, 2026
                               AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),  <--
2    entitled "An act prohibiting unfair methods of competition
3    and unfair or deceptive acts or practices in the conduct of
4    any trade or commerce, giving the Attorney General and
5    District Attorneys certain powers and duties and providing
6    penalties," further providing for definitions and for
7    unlawful acts or practices and exclusions; and providing for
8    concurrent jurisdiction.
9    The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11    Section 1.    Sections 2(4) and 3(a) of the act of December 17,
12 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
13 Consumer Protection Law, are amended to read:
14    Section 2.    Definitions.--As used in this act.
15    * * *
16    (4)   "Unfair methods of competition" and "unfair or deceptive
17 acts or practices" mean any one or more of the following:
18    (i)   Passing off goods or services as those of another;
1    (ii)    Causing likelihood of confusion or of misunderstanding
2 as to the source, sponsorship, approval or certification of
3 goods or services;
4    (iii)    Causing likelihood of confusion or of misunderstanding
5 as to affiliation, connection or association with, or
6 certification by, another;
7    (iv)    Using deceptive representations or designations of
8 geographic origin in connection with goods or services;
9    (v)    Representing that goods or services have sponsorship,
10 approval, characteristics, ingredients, uses, benefits or
11 quantities that they do not have or that a person has a
12 sponsorship, approval, status, affiliation or connection that he
13 does not have;
14    (vi)    Representing that goods are original or new if they are
15 deteriorated, altered, reconditioned, reclaimed, used or
16 secondhand;
17    (vii)    Representing that goods or services are of a
18 particular standard, quality or grade, or that goods are of a
19 particular style or model, if they are of another;
20    (viii)     Disparaging the goods, services or business of
21 another by false or misleading representation of fact;
22    (ix)    Advertising goods or services with intent not to sell
23 them as advertised;
24    (x)    Advertising goods or services with intent not to supply
25 reasonably expectable public demand, unless the advertisement
26 discloses a limitation of quantity;
27    (xi)    Making false or misleading statements of fact
28 concerning the reasons for, existence of, or amounts of price
29 reductions;
30    (xii)    Promising or offering prior to time of sale to pay,
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1 credit or allow to any buyer, any compensation or reward for the
2 procurement of a contract for purchase of goods or services with
3 another or others, or for the referral of the name or names of
4 another or others for the purpose of attempting to procure or
5 procuring such a contract of purchase with such other person or
6 persons when such payment, credit, compensation or reward is
7 contingent upon the occurrence of an event subsequent to the
8 time of the signing of a contract to purchase;
9    (xiii)   Promoting or engaging in any plan by which goods or
10 services are sold to a person for a consideration and upon the
11 further consideration that the purchaser secure or attempt to
12 secure one or more persons likewise to join the said plan; each
13 purchaser to be given the right to secure money, goods or
14 services depending upon the number of persons joining the plan.
15 In addition, promoting or engaging in any plan, commonly known
16 as or similar to the so-called "Chain-Letter Plan," "Pyramid
17 Club" or "Pyramid Promotional Scheme." The terms "Chain-Letter
18 Plan" or "Pyramid Club" mean any scheme for the disposal or
19 distribution of property, services or anything of value whereby
20 a participant pays valuable consideration, in whole or in part,
21 for an opportunity to receive compensation for introducing or
22 attempting to introduce one or more additional persons to
23 participate in the scheme or for the opportunity to receive
24 compensation when a person introduced by the participant
25 introduces a new participant. The term "Pyramid Promotional
26 Scheme" means any plan or operation by which a person gives
27 consideration for the opportunity to receive compensation that
28 is derived primarily from the introduction of other persons into
29 the plan or operation rather than from the sale and consumption
30 of goods, services or intangible property by a participant or
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1 other persons introduced into the plan or operation. The term
2 includes any plan or operation under which the number of people
3 who may participate is limited either expressly or by the
4 application of conditions affecting the eligibility of a person
5 to receive compensation under the plan or operation, and
6 includes any plan or operation under which a person, on giving
7 any consideration, obtains any goods, services or intangible
8 property in addition to the right to receive compensation. As
9 used in this subclause the term "consideration" means an
10 investment of cash or the purchase of goods, other property,
11 training or services, but does not include payments made for
12 sales demonstration equipment and materials for use in making
13 sales and not for resale furnished at no profit to any person in
14 the program or to the company or corporation, nor does the term
15 apply to a minimal initial payment of twenty-five dollars ($25)
16 or less;
17    (xiv)     Failing to comply with the terms of any written
18 guarantee or warranty given to the buyer at, prior to or after a
19 contract for the purchase of goods or services is made;
20    (xv)     Knowingly misrepresenting that services, replacements
21 or repairs are needed if they are not needed;
22    (xvi)     Making repairs, improvements or replacements on
23 tangible, real or personal property, of a nature or quality
24 inferior to or below the standard of that agreed to in writing;
25    (xvii)     Making solicitations for sales of goods or services
26 over the telephone without first clearly, affirmatively and
27 expressly stating:
28    (A)     the identity of the seller;
29    (B)     that the purpose of the call is to sell goods or
30 services;
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1    (C)    the nature of the goods or services; and
2    (D)    that no purchase or payment is necessary to be able to
3 win a prize or participate in a prize promotion if a prize
4 promotion is offered. This disclosure must be made before or in
5 conjunction with the description of the prize to the person
6 called. If requested by that person, the telemarketer must
7 disclose the no-purchase/no-payment entry method for the prize
8 promotion;
9    (xviii)     Using a contract, form or any other document related
10 to a consumer transaction which contains a confessed judgment
11 clause that waives the consumer's right to assert a legal
12 defense to an action;
13    (xix)     Soliciting any order for the sale of goods to be
14 ordered by the buyer through the mails or by telephone unless,
15 at the time of the solicitation, the seller has a reasonable
16 basis to expect that it will be able to ship any ordered
17 merchandise to the buyer:
18    (A)    within that time clearly and conspicuously stated in any
19 such solicitation; or
20    (B)    if no time is clearly and conspicuously stated, within
21 thirty days after receipt of a properly completed order from the
22 buyer, provided, however, where, at the time the merchandise is
23 ordered, the buyer applies to the seller for credit to pay for
24 the merchandise in whole or in part, the seller shall have fifty
25 days, rather than thirty days, to perform the actions required
26 by this subclause;
27    (xx)    Failing to inform the purchaser of a new motor vehicle
28 offered for sale at retail by a motor vehicle dealer of the
29 following:
30    (A)    that any rustproofing of the new motor vehicle offered
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1 by the motor vehicle dealer is optional;
2    (B)   that the new motor vehicle has been rustproofed by the
3 manufacturer and the nature and extent, if any, of the
4 manufacturer's warranty which is applicable to that
5 rustproofing;
6 The requirements of this subclause shall not be applicable and a
7 motor vehicle dealer shall have no duty to inform if the motor
8 vehicle dealer rustproofed a new motor vehicle before offering
9 it for sale to that purchaser, provided that the dealer shall
10 inform the purchaser whenever dealer rustproofing has an effect
11 on any manufacturer's warranty applicable to the vehicle. This
12 subclause shall not apply to any new motor vehicle which has
13 been rustproofed by a motor vehicle dealer prior to the
14 effective date of this subclause.
15    (xxi)   The establishment, application or administration of a
16 health insurance policy, contract or practice under which
17 amounts paid by or on behalf of a consumer under the health
18 insurance policy contract or policy, including payments made by
19 a drug manufacturer or other third party, are not applied toward
20 the consumer's deductible, copayment, coinsurance or maximum
21 out-of-pocket costs under the health insurance policy unless
22 otherwise expressly required by Federal law.
23    [(xxi)] (xxii)   Engaging in any other fraudulent or deceptive
24 conduct which creates a likelihood of confusion or of
25 misunderstanding.
26    * * *
27    Section 3.   Unlawful Acts or Practices; Exclusions.--(a)
28 Unfair methods of competition and unfair or deceptive acts or
29 practices in the conduct of any trade or commerce as defined by
30 subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2
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1 of this act and regulations promulgated under section 3.1 of
2 this act are hereby declared unlawful. The provisions of this
3 act shall not apply to any owner, agent or employe of any radio
4 or television station, or to any owner, publisher, printer,
5 agent or employe of an Internet service provider or a newspaper
6 or other publication, periodical or circular, who, in good faith
7 and without knowledge of the falsity or deceptive character
8 thereof, publishes, causes to be published or takes part in the
9 publication of such advertisement.
10    * * *
11    Section 2.   The act is amended by adding a section to read:
12    Section 9.5.   Concurrent Jurisdiction.--(a)   The Insurance
13 Department of the Commonwealth shall have concurrent
14 jurisdiction to enforce section 2(4)(xxi). In exercising the
15 jurisdiction, the Department of Insurance shall have the same
16 powers, duties, penalties and remedies as provided under section
17 406-B of the act of May 17, 1921 (P.L.682, No.284), known as
18 "The Insurance Company Law of 1921," including cease and desist
19 orders, suspension or revocation of licenses, restitution, civil
20 penalties and any other penalty or remedy deemed appropriate by
21 the Insurance Commissioner.
22    (b)   The remedies provided under this section are in addition
23 to, and not exclusive of, remedies available under this act.
24    Section 3.   If under Federal law, application of this act to
25 a health savings account would result in ineligibility of the
26 health savings account under section 223 of the Internal Revenue
27 Code of 1986 (Public Law 99-514, 26 U.S.C. § 223), this act
28 shall apply only if the health savings account is also a health
29 savings account-qualified high deductible health plan with
30 respect to the deductible of the plan after the enrollee has
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1 satisfied the minimum deductible under section 223 of the
2 Internal Revenue Code of 1986, except with respect to items or
3 services that are preventive care under section 223(c)(2)(C) of
4 the Internal Revenue Code of 1986, in which case the
5 requirements of this section shall apply regardless of whether
6 the minimum deductible under section 223 of the Internal Revenue
7 Code of 1986 has been satisfied.
8    Section 4. This act shall take effect in 60 days.
9 AMENDING TITLE 40 (INSURANCE) OF THE PENNSYLVANIA CONSOLIDATED     <--
10    STATUTES, PROVIDING FOR PRESCRIPTION DRUG COST CREDITS IN
11    HEALTH INSURANCE; AND IMPOSING PENALTIES.
12    THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
13 HEREBY ENACTS AS FOLLOWS:
14    SECTION 1.     TITLE 40 OF THE PENNSYLVANIA CONSOLIDATED
15 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
16CHAPTER 52
17FAIR CO-PAY ASSISTANCE CREDITS
18 SUBCHAPTER
19    A.     PRELIMINARY PROVISIONS
20    B.     FAIR CO-PAY ASSISTANCE CREDITS
21    C.     MISCELLANEOUS PROVISIONS
22SUBCHAPTER A
23PRELIMINARY PROVISIONS
24 SEC.
25 5201.   SCOPE OF CHAPTER.
26 5202.   DEFINITIONS.
27 § 5201.    SCOPE OF CHAPTER.
28    THIS CHAPTER RELATES TO THE CREDITING OF CO-PAY ASSISTANCE
29 PROVIDED FOR PRESCRIPTION DRUGS TOWARD HEALTH BENEFIT PLAN COST-
30 SHARING. THIS CHAPTER DOES NOT APPLY TO A SELF-INSURED HEALTH
31 BENEFIT PLAN SUBJECT TO 29 U.S.C. CH. 18 (RELATING TO EMPLOYEE
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1 RETIREMENT INCOME SECURITY PROGRAM) OR EXEMPTED FROM 29 U.S.C.
2 CH. 18.
3 § 5202.    DEFINITIONS.
4    THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
6 CONTEXT CLEARLY INDICATES OTHERWISE:
7    "COMMISSIONER."     THE INSURANCE COMMISSIONER OF THE
8 COMMONWEALTH.
9    "COST-SHARING."     MEANS AS FOLLOWS:
10(1)   THE SHARE OF THE HEALTH CARE COSTS COVERED BY A
11    HEALTH BENEFIT PLAN THAT A COVERED PERSON PAYS OUT-OF-POCKET.
12(2)   THE TERM INCLUDES DEDUCTIBLES, COINSURANCE,
13    COPAYMENTS AND SIMILAR CHARGES.
14(3)   THE TERM DOES NOT INCLUDE PREMIUMS, BALANCE BILLED
15    AMOUNTS FROM AN OUT-OF-NETWORK HEALTH CARE PROVIDER OR THE
16    COST OF NONCOVERED SERVICES EXCEPT AS SPECIFIED IN THIS
17    CHAPTER.
18    "COVERED PERSON."      A POLICYHOLDER, SUBSCRIBER OR OTHER
19 INDIVIDUAL WHO IS ENTITLED TO RECEIVE HEALTH CARE SERVICES UNDER
20 A HEALTH BENEFIT PLAN.
21    "DEPARTMENT."     THE INSURANCE DEPARTMENT OF THE COMMONWEALTH.
22    "DRUG MANUFACTURER DIRECT SUPPORT."        AN AMOUNT A DRUG
23 MANUFACTURER PAYS IN ANY MANNER TOWARD REDUCING THE COST-SHARING
24 INCURRED BY A COVERED PERSON FOR THE PURCHASE OF A SPECIFIC
25 PRESCRIPTION DRUG.
26    "GENERICALLY EQUIVALENT DRUG."        THE TERM SHALL HAVE THE
27 MEANING GIVEN TO IT IN SECTION 2 OF THE ACT OF NOVEMBER 24, 1976
28 (P.L.1163, NO.259), KNOWN AS THE GENERIC EQUIVALENT DRUG LAW.
29    "HEALTH BENEFIT PLAN."      THE TERM SHALL HAVE THE MEANING GIVEN
30 TO IT IN THE ACT OF NOVEMBER 21, 2016 (P.L.1318, NO.169), KNOWN
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1 AS THE PHARMACY BENEFIT REFORM ACT.
2    "HEALTH CARE PROVIDER."     A PERSON WHO IS LICENSED, CERTIFIED
3 OR OTHERWISE REGULATED TO PROVIDE HEALTH CARE SERVICES UNDER THE
4 LAWS OF THIS COMMONWEALTH.
5    "HEALTH INSURER CLIENT."    THE TERM SHALL HAVE THE MEANING
6 GIVEN TO IT IN THE PHARMACY BENEFIT REFORM ACT.
7    "HEALTH INSURER."   THE TERM SHALL HAVE THE MEANING GIVEN TO
8 IT IN THE PHARMACY BENEFIT REFORM ACT.
9    "INTERCHANGEABLE BIOLOGICAL PRODUCT."    THE TERM SHALL HAVE
10 THE MEANING GIVEN TO IT IN SECTION 2 OF THE GENERIC EQUIVALENT
11 DRUG LAW.
12    "OUT-OF-NETWORK HEALTH CARE PROVIDER."    A HEALTH CARE
13 PROVIDER WHO DOES NOT CONTRACT WITH A HEALTH INSURER CLIENT TO
14 PROVIDE HEALTH CARE SERVICES TO A COVERED PERSON UNDER A HEALTH
15 BENEFIT PLAN.
16    "PHARMACY BENEFITS MANAGER."     THE TERM SHALL HAVE THE MEANING
17 GIVEN TO IT IN THE PHARMACY BENEFIT REFORM ACT.
18    "PRESCRIPTION DRUG."   THE TERM SHALL INCLUDE A DRUG, A
19 GENERICALLY EQUIVALENT DRUG, A BIOLOGICAL PRODUCT, AND AN
20 INTERCHANGEABLE BIOLOGICAL PRODUCT, AS THOSE TERMS ARE DEFINED
21 IN SECTION 2 OF THE GENERIC EQUIVALENT DRUG LAW, THAT IS
22 PRESCRIBED BY A HEALTH CARE PROVIDER. THE TERM SHALL ALSO
23 INCLUDE INSULIN, INSULIN SYRINGES AND INSULIN NEEDLES.
24    "PRESCRIPTION DRUG COVERAGE ADMINISTRATOR."     A HEALTH BENEFIT
25 PLAN, HEALTH INSURER, OR A PHARMACY BENEFITS MANAGER THAT
26 ADMINISTERS PHARMACY BENEFITS FOR A HEALTH INSURER CLIENT.
27SUBCHAPTER B
28FAIR CO-PAY ASSISTANCE CREDITS
29 SEC.
30 5211.   COST-SHARING CREDIT.
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1 5212.   PROHIBITED CREDITING.
2 5213.   LIMITATIONS.
3 5214.   EXEMPTED ARRANGEMENTS.
4 § 5211.    COST-SHARING CREDIT.
5    EXCEPT AS PROVIDED IN SECTION 5212 (RELATING TO PROHIBITED
6 CREDITING) OR EXEMPTED BY SECTION 5214 (RELATING TO EXEMPTED
7 ARRANGEMENTS), FOR EACH FILL OF A PRESCRIPTION DRUG, A
8 PRESCRIPTION DRUG COVERAGE ADMINISTRATOR SHALL REDUCE THE COST-
9 SHARING INCURRED BY A COVERED PERSON OR CREDIT TOWARD THE
10 COVERED PERSON'S IN-NETWORK OUT-OF-POCKET MAXIMUM AND OTHER
11 COST-SHARING REQUIREMENTS ANY AMOUNT PAID ON BEHALF OF THE
12 COVERED PERSON BY ANOTHER PERSON FOR THE PRESCRIPTION DRUG,
13 INCLUDING DRUG MANUFACTURER DIRECT SUPPORT, PROVIDED THAT ALL OF
14 THE FOLLOWING APPLY:
15(1)   THE PRESCRIPTION DRUG IS ON THE COVERED PERSON'S
16    HEALTH INSURANCE POLICY FORMULARY.
17(2)   THE PRESCRIPTION DRUG EITHER:
18(I)    DOES NOT HAVE A GENERIC EQUIVALENT DRUG OR
19INTERCHANGEABLE BIOLOGICAL PRODUCT.
20(II)    DOES HAVE A GENERIC EQUIVALENT DRUG OR
21INTERCHANGEABLE BIOLOGICAL PRODUCT BUT THE COVERED PERSON
22HAS OBTAINED ACCESS TO THE PRESCRIPTION DRUG THROUGH ANY
23OF THE FOLLOWING:
24(A)   PRIOR AUTHORIZATION.
25(B)   A STEP THERAPY PROTOCOL.
26(C)   THE HEALTH INSURER'S EXCEPTIONS AND APPEALS
27PROCESS.
28 § 5212.    PROHIBITED CREDITING.
29    A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR MAY NOT CREDIT
30 DRUG MANUFACTURER DIRECT SUPPORT TOWARD THE COVERED PERSON'S IN-
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1 NETWORK OUT-OF-POCKET MAXIMUM AND OTHER COST-SHARING
2 REQUIREMENTS IF THE SUPPORT IS NOT BOTH:
3(1)   AVAILABLE TO EACH COVERED PERSON OF EVERY HEALTH
4    INSURANCE POLICY ISSUED OR RENEWED IN THIS COMMONWEALTH.
5(2)   AVAILABLE IN THE SAME MONETARY AMOUNT FOR EACH
6    INITIAL FILL AND EACH REFILL THROUGHOUT THE PLAN YEAR OF THE
7    COVERED PERSON'S HEALTH INSURANCE POLICY.
8 § 5213.    LIMITATIONS.
9    A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR MAY NOT CREDIT
10 DRUG MANUFACTURER DIRECT SUPPORT TOWARD THE COVERED PERSON'S IN-
11 NETWORK OUT-OF-POCKET MAXIMUM AND OTHER COST-SHARING
12 REQUIREMENTS IF EITHER OF THE FOLLOWING APPLIES:
13(1)   THE COVERED PERSON'S HEALTH INSURANCE POLICY IS A
14    HIGH DEDUCTIBLE HEALTH PLAN UNDER 26 U.S.C. § 223(C)
15    (RELATING TO HEALTH SAVINGS ACCOUNTS) OFFERED IN CONJUNCTION
16    WITH A HEALTH SAVINGS ACCOUNT, THE DRUG MANUFACTURER DIRECT
17    SUPPORT IS USED TOWARDS THE PURCHASE OF A PRESCRIPTION DRUG
18    OTHER THAN AS PERMITTED ON A PRE-DEDUCTIBLE BASIS UNDER 26
19    U.S.C. § 223(C), AND THE DRUG MANUFACTURER DIRECT SUPPORT IS
20    USED DURING ANY PORTION OF THE PLAN YEAR DURING WHICH THE
21    DEDUCTIBLE OF THE HEALTH INSURANCE POLICY IS NOT SATISFIED.
22(2)   THE CREDIT IS NOT APPLIED TO A HEALTH INSURANCE
23    POLICY WHICH IS IN WHOLE OR IN PART DETERMINED TO BE A
24    FEDERAL HEALTH CARE PROGRAM.
25 § 5214.    EXEMPTED ARRANGEMENTS.
26    (A)    AGREEMENT.--A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR
27 SHALL BE EXEMPT FROM THE REQUIREMENTS OF SECTION 5211 (RELATING
28 TO COST-SHARING CREDIT) IF IT ENTERS INTO AN AGREEMENT WITH AN
29 ENTITY THAT PROVIDES DRUG MANUFACTURER DIRECT SUPPORT, PURSUANT
30 TO WHICH THE PRESCRIPTION DRUG COVERAGE ADMINISTRATOR ACCEPTS
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1 PAYMENTS ON BEHALF OF COVERED PERSONS, PROVIDED THAT THE
2 AGREEMENT COMPLIES WITH ALL PROVISIONS OF THIS CHAPTER.
3    (B)    VOLUNTARY PROGRAM.--A PRESCRIPTION DRUG COVERAGE
4 ADMINISTRATOR'S PROGRAM SHALL BE EXEMPT FROM THE REQUIREMENTS OF
5 THIS CHAPTER IF IT IS A VOLUNTARY PROGRAM OFFERED TO A COVERED
6 PERSON UNDER A HEALTH BENEFIT PLAN IN WHICH THE VALUE OF A
7 PHARMACEUTICAL MANUFACTURER'S ASSISTANCE PROGRAM IS APPLIED TO
8 REDUCE A COVERED PERSON'S OUT-OF-POCKET COSTS TO A FIXED MONTHLY
9 AMOUNT FOR THE BENEFIT YEAR FOR A SPECIFIC PRESCRIPTION AND ANY
10 ACTUAL COST THE COVERED PERSON PAYS WHILE IN THE PROGRAM IS
11 APPLIED TO THE COVERED PERSON'S APPLICABLE OUT-OF-POCKET MAXIMUM
12 RESPONSIBILITY.
13SUBCHAPTER C
14MISCELLANEOUS PROVISIONS
15 SEC.
16 5221.    PROTECTIONS.
17 5222.    REGULATIONS.
18 5223.    ENFORCEMENT.
19 § 5221.    PROTECTIONS.
20    NOTHING IN THIS CHAPTER SHALL REQUIRE A HEALTH BENEFIT PLAN
21 TO CREDIT CO-PAY ASSISTANCE FOR A PRESCRIPTION DRUG IN
22 DEROGATION OF A POLICYHOLDER'S CONSTITUTIONAL PROTECTIONS OF
23 RELIGIOUS FREEDOM UNDER THE ACT OF DECEMBER 9, 2002 (P.L.1701,
24 NO.214), KNOWN AS THE RELIGIOUS FREEDOM PROTECTION ACT, OR 42
25 U.S.C. CH. 21B (RELATING TO RELIGIOUS FREEDOM RESTORATION).
26 § 5222.    REGULATIONS.
27    THE DEPARTMENT MAY PROMULGATE REGULATIONS AS NECESSARY AND
28 APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
29 § 5223.    ENFORCEMENT.
30    (A)    PENALTIES.--AFTER SATISFACTORY EVIDENCE OF THE VIOLATION
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1 OF THIS CHAPTER BY A PRESCRIPTION DRUG COVERAGE ADMINISTRATOR,
2 ONE OR MORE OF THE FOLLOWING PENALTIES MAY BE IMPOSED AT THE
3 COMMISSIONER'S DISCRETION:
4(1)   SUSPENSION OR REVOCATION OF THE OFFENDING ENTITY'S
5    LICENSE OR REGISTRATION.
6(2)   REFUSAL, FOR A PERIOD NOT TO EXCEED ONE YEAR, TO
7    ISSUE A NEW LICENSE OR REGISTRATION TO THE OFFENDING ENTITY.
8(3)   A FINE OF NOT MORE THAN $5,000 FOR EACH VIOLATION OF
9    THIS CHAPTER.
10(4)   A FINE OF NOT MORE THAN $10,000 FOR EACH WILLFUL
11    VIOLATION OF THIS CHAPTER.
12    (B)   LIMITATION.--FINES IMPOSED AGAINST AN ENTITY UNDER THIS
13 SECTION MAY NOT EXCEED $500,000 IN THE AGGREGATE DURING A SINGLE
14 CALENDAR YEAR.
15    (C)   ADDITIONAL REMEDIES.--THE ENFORCEMENT REMEDIES IMPOSED
16 UNDER THIS SECTION ARE IN ADDITION TO ANY OTHER REMEDIES OR
17 PENALTIES THAT MAY BE IMPOSED UNDER ANY OTHER APPLICABLE LAW OF
18 THIS COMMONWEALTH, INCLUDING:
19(1)   THE ACT OF JULY 22, 1974 (P.L.589, NO.205), KNOWN AS
20    THE UNFAIR INSURANCE PRACTICES ACT. A VIOLATION OF THIS
21    CHAPTER SHALL BE DEEMED TO BE AN UNFAIR METHOD OF COMPETITION
22    AND AN UNFAIR OR DECEPTIVE ACT OR PRACTICE UNDER THE UNFAIR
23    INSURANCE PRACTICES ACT.
24(2)   THE ACT OF DECEMBER 18, 1996 (P.L.1066, NO.159),
25    KNOWN AS THE ACCIDENT AND HEALTH FILING REFORM ACT.
26(3)   THE ACT OF JUNE 25, 1997 (P.L.295, NO.29), KNOWN AS
27    THE PENNSYLVANIA HEALTH CARE INSURANCE PORTABILITY ACT.
28(4)   THE ACT OF NOVEMBER 21, 2016 (P.L.1318, NO.169), AS
29    AMENDED, KNOWN AS THE PHARMACY BENEFIT REFORM ACT.
30    (D)   ADMINISTRATIVE PROCEDURE.--THE ADMINISTRATIVE PROVISIONS
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1 OF THIS CHAPTER SHALL BE SUBJECT TO 2 PA.C.S. CH. 5 SUBCH. A
2 (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES). A
3 PARTY AGAINST WHOM PENALTIES ARE ASSESSED IN AN ADMINISTRATIVE
4 ACTION MAY APPEAL TO COMMONWEALTH COURT AS PROVIDED IN 2 PA.C.S.
5 CH. 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH
6 AGENCY ACTION).
7    SECTION 2.     THE FOLLOWING SHALL APPLY:
8(1)   FOR HEALTH BENEFIT PLANS FOR WHICH EITHER RATES OR
9    FORMS ARE REQUIRED TO BE FILED WITH THE DEPARTMENT, THIS
10    CHAPTER SHALL APPLY TO ANY POLICY FOR WHICH A FORM OR RATE IS
11    FIRST FILED ON OR AFTER THE EFFECTIVE DATE OF THIS
12    SUBPARAGRAPH.
13(2)   FOR HEALTH BENEFIT PLANS FOR WHICH NEITHER RATES NOR
14    FORMS ARE REQUIRED TO BE FILED WITH THE DEPARTMENT, THIS
15    CHAPTER SHALL APPLY TO ANY POLICY ISSUED OR RENEWED ON OR
16    AFTER 180 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
17    SECTION 3.     THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
18(1)   SECTION 2 OF THIS ACT AND THIS SECTION SHALL TAKE
19    EFFECT IMMEDIATELY.
20(2)   THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
21    DAYS.
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