Last session, I introduced Senate Bill 954, which expanded coverage for biomarker testing as part of commercial insurance plans or Medicaid and CHIP plans under the jurisdiction of the Commonwealth.   This legislation, through its House companion, ended up becoming Act 39 of 2024 through unanimous approval in the Senate.

Unfortunately, it has come to our attention that the Department of Human Services has been denying coverage for certain biomarker tests under the Medicaid Fee-for-Service program.  In order to address this loophole in Act 39’s coverage requirement, we plan to introduce legislation that would expand access to coverage under Act 39 to include the Medicaid Fee-for-Service. 

This legislation will ensure the intent of Act 39, which was vetted and agreed upon by multiple key stakeholders, is codified into law.  It will make it clear that Pennsylvanians who utilize a health insurance plan or government program under the jurisdiction of the Commonwealth will have coverage for clinically proven biomarker tests, which improve health and treatment of Pennsylvanians.  

Last session’s co-sponsors include Senators Boscola, Laughlin, Pennycuick, Phillips-Hill, Stefano, Langerholc, Brooks, Haywood, Brewster, Baker, Mastriano, J. Ward, Dush Argall, Kane, Schwank, and Yaw.

We hope you will join us in correcting this loophole.