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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Statutes/Laws affected: Printer's No. 0362: P.L.682, No.284