Pennsylvania Act 1994-89 — DIETHYLSTILBESTROL PUBLIC INFORMATION AND EDUCATION ACT

Act text

DIETHYLSTILBESTROL PUBLIC INFORMATION AND EDUCATION ACT
                  Act of Oct. 13, 1994, P.L. 594, No. 89              Cl. 35
                                  AN ACT

     Establishing a public information and education program on
        diethylstilbestrol in the Department of Health; and providing
        for the powers and duties of the Department of Health and for
        certain health insurance policies.

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

     Section 1.  Short title.
        This act shall be known and may be cited as the
     Diethylstilbestrol Public Information and Education Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Health of the Commonwealth.
        "DES."  The chemical diethylstilbestrol.
        "Exposed person."  A person who either took
     diethylstilbestrol (DES) while pregnant or one who was exposed
     prenatally or the offspring of a person who was exposed
     prenatally.
        "Prenatal."  In a stage of biological development which
     follows conception but precedes birth; in utero.
     Section 3.  Public information and education program.
        (a)  Purpose.--For the purpose of educating exposed persons
     to the potential hazards and afflictions of DES concerning the
     symptoms and early detection of associated malignancies and
     other abnormalities, the department shall establish, promote and
     maintain public and professional information and education
     programs on DES.
        (b)  Public information and education.--The program shall be
     conducted throughout this Commonwealth and shall include, but
     not be limited to, a concerted effort to reaching exposed
     persons. The purpose of the campaign will be to encourage
     exposed persons to seek medical care and to inform the public of
     DES-related conditions.
        (c)  Professional information and education.--The department
     shall offer information to such health care providers who would
     usually encounter exposed persons. These practitioners shall
     include: urologists, oncologists, family practitioners,
     obstetricians/gynecologists, nurse midwives, certified
     registered nurse practitioners, physician's assistants,
     internists, applicable medical school departments and family
     planning councils. Additionally, the department shall urge such
     practitioners to include screening relating to exposure to DES
     as a part of the patient medical history.
     Section 4.  Report.
        The department shall make a report to the General Assembly
     two years after the effective date of this act of its findings
     and recommendations concerning impact, effectiveness and
     benefits derived from the program provided under section 3.
     Section 5.  Insurance.
        (a)  Adverse action prohibited.--An individual or group
     health insurance policy shall not be denied, canceled or
     nonrenewed, or provide an exclusion or any restriction imposed,
     because the insured is an exposed person.
        (b)  Policy defined.--A policy is a subscriber contract or
     certificate which is issued by an entity to cover health,
     hospital, medical or surgical services for an individual and is
     subject to:
            (1)  Section 630 of 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 December 14, 1992 (P.L.835, No.134),
        known as the Fraternal Benefit Societies Code.
            (4)  The provisions of 40 Pa.C.S. Ch. 61 (relating to
        hospital plan corporations).
            (5)  The provisions of 40 Pa.C.S. Ch. 63 (relating to
        professional health services plan corporations).
            (6)  An employee welfare benefit plan as defined in
        section 3 of the Employee Retirement Income Security Act of
        1974 (Public Law 93-406, 88 Stat. 829).
     Section 6.  Regulations.
        The department may adopt regulations to implement the
     provisions of this act.
     Section 7.  Effective date.
        This act shall take effect July 1, 1995.