HB 397 — 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 certified EMT firefighter billing.

PRINTER'S NO.   362

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 397
                                               Session of
                                                 2025

     INTRODUCED BY GROVE, HAMM, GREINER, KUTZ, STAATS AND GILLEN,
        JANUARY 28, 2025

     REFERRED TO COMMITTEE ON INSURANCE, JANUARY 28, 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 certified EMT firefighter billing.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    The act of May 17, 1921 (P.L.682, No.284), known
16   as The Insurance Company Law of 1921, is amended by adding a
17   section to read:
18      Section 635.11.    Certified EMT Firefighter Billing.--(a)
19   When a fire company is dispatched by a public safety answering
20   point as defined in 35 Pa.C.S. § 5302 (relating to definitions)
21   for an emergency, and a certified EMT firefighter within the
22   fire company provides medically necessary emergency medical
23   services at the emergency scene, the fire company may file a
 1   claim with an insurer for a payment to be made by an insurer, in
 2   accordance with a health insurance policy for emergency medical
 3   service performed by a certified EMT firefighter and the payment
 4   shall be paid directly to the fire company.
 5      (b)   If more than one certified EMT firefighter from more
 6   than one fire company provides necessary emergency medical
 7   services in response to an emergency, separate bills may be
 8   submitted by the fire companies.
 9      (c)   An insurer may not require a fire company to contract
10   with the insurer to receive payment under this section.
11      (d)   A fire company that files a false claim under this
12   section commits a summary offense and, upon conviction, shall be
13   sentenced to pay a fine of not more than one hundred dollars
14   ($100). A fire company shall pay a fine of one thousand dollars
15   ($1,000) for each subsequent offense.
16      (e)   As used in this section, the following words and phrases
17   shall have the meanings given to them in this subsection unless
18   the context clearly indicates otherwise:
19      "Certified EMT firefighter."    A volunteer firefighter who is
20   a member of a fire company and possesses a current and valid
21   certification to administer emergency medical services.
22      "Emergency medical services."      The term shall mean the same
23   as defined under 35 Pa.C.S. § 8103 (relating to definitions).
24      "Fire company."   A volunteer fire company located in this
25   Commonwealth.
26      "Insurer."   As follows:
27      (1)   An entity that is responsible for providing or paying
28   for all or part of the cost of emergency medical services
29   covered by an insurance policy, contract or plan. The term
30   includes an entity subject to:

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 1      (i)    section 630, Article XXIV or any other provision of this
 2   act;
 3      (ii)    the act of December 29, 1972 (P.L.1701, No.364), known
 4   as the "Health Maintenance Organization Act"; or
 5      (iii)    40 Pa.C.S. Ch. 61 (relating to hospital plan
 6   corporations) or 63 (relating to professional health services
 7   plan corporations).
 8      (2)    The term does not include an entity that is responsible
 9   for providing or paying under an insurance policy, contract or
10   plan which meets any of the following:
11      (i)    Is a homeowner's insurance policy.
12      (ii)    Provides any of the following types of insurance:
13      (A)    Accident only.
14      (B)    Fixed indemnity.
15      (C)    Limited benefit.
16      (D)    Credit.
17      (E)    Dental.
18      (F)    Vision.
19      (G)    Specified disease.
20      (H)    Medicare supplement.
21      (I)    Civilian Health and Medical Program of the Uniformed
22   Services (CHAMPUS) supplement.
23      (J)    Long-term care.
24      (K)    Disability income.
25      (L)    Workers' compensation.
26      (M)    Automobile medical payment insurance.
27      Section 2.       This act shall take effect in 60 days.




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