Pennsylvania Act 2008-85 — MILITARY AND VETERANS CODE (51 PA.C.S.) - BURIAL DETAILS AND TERMINATION OF CERTAIN HEALTH INSURANCE BENEFITS

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - BURIAL DETAILS AND TERMINATION
                   OF CERTAIN HEALTH INSURANCE BENEFITS
                 Act of Sep. 25, 2008, P.L. 1068, No. 85              Cl. 51
                             Session of 2008
                                No. 2008-8

     SB 180

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, further providing for burial details
        for veterans and for termination of certain health insurance
        benefits; and adding a definition of "ancillary service
        plans."

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 705(a) and 7309(d) and (e) of Title 51
     of the Pennsylvania Consolidated Statutes are amended to read:
       § 705.  Burial details for veterans.
        (a)  Authority.--The department shall have the power to
     arrange for burial details for veteran soldiers who are to be
     interred in the Indiantown Gap National Cemetery and the
     National Cemetery of the Alleghenies.
        * * *
      § 7309.  Employment discrimination for military membership or
                duty.
        * * *
        (d)  Termination of certain health insurance benefits.--
            (1)  As used in this subsection, the term "eligible
        member" applies to full-time students who are eligible for
        health insurance coverage or ancillary service plans under
        their parents' health insurance policies when the students
        are:
                (i)  members of the Pennsylvania National Guard or
            any reserve component of the armed forces of the United
            States who are called or ordered to active duty, other
            than active duty for training, for a period of 30 or more
            consecutive days; or
                (ii)  members of the Pennsylvania National Guard
            ordered to active State duty, including duty under 35
            Pa.C.S. Ch. 76 (relating to Emergency Management
            Assistance Compact), for a period of 30 or more
            consecutive days.
            (2)  As used in this subsection, the term "full-time
        student" shall have the same meaning set forth in Chapter 32
        (relating to Educational Assistance Program).
            (3)  The eligibility for health insurance coverage or
        ancillary service plans under a parent's health insurance
        policy for eligible members as defined in paragraph (1) shall
        be extended for a period equal to the duration of the
        eligible member's service on active duty or active State duty
        or until the eligible member is no longer a full-time
        student. The eligibility of an eligible member who is a full-
        time student for health insurance coverage or ancillary
        service plans under a parent's policy shall not terminate
        because of the age of the eligible member when the member's
        educational program was interrupted because of military duty.
            (4)  In order to qualify for this extension, the eligible
        member must:
                (i)  Submit a form approved by the Department of
            Military and Veterans Affairs notifying the insurer that
            the eligible member has been placed on active duty.
                (ii)  Submit a form approved by the Department of
            Military and Veterans Affairs notifying the insurer that
            the eligible member is no longer on active duty.
                (iii)  Submit a form approved by the Department of
            Military and Veterans Affairs showing that the student
            has reenrolled as a full-time student for the first term
            or semester starting 60 or more days after his or her
            release from active duty.
            (5)  The provisions of this subsection shall not apply to
        a health insurance policy or ancillary service plan that has
        been terminated.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Ancillary service plans."  Any individual or group health
     insurance plan, subscriber contract or certificate that provides
     exclusive coverage for dental services or vision services.
        "Health insurance policy."  An individual or group health,
     sickness or accident policy or subscriber contract or
     certificate issued by an entity subject to any one of the
     following:
            (1)  The act of May 17, 1921 (P.L.682, No.284), known as
        The Insurance Company Law of 1921.
            (2)  The act of December 29, 1972 (P.L.1701, No.364),
        known as the Health Maintenance Organization Act.
            (3)  The act of May 18, 1976 (P.L.123, No.54), known as
        the Individual Accident and Sickness Insurance Minimum
        Standards Act.
            (4)  40 Pa.C.S. Ch. 61 (relating to hospital plan
        corporations) or 63 (relating to professional health services
        plan corporations).
        Section 2.  This act shall take effect immediately.

     APPROVED--The 25th day of September, A. D. 2008.

     EDWARD G. RENDELL