§ 6329. Rates and contracts.
(a) General rule.--All rates charged subscribers or groups of subscribers by any professional health
service corporation, and the form and content of all contracts between any such corporation
and its subscribers or groups of subscribers, all methods and rates of payment by
such corporation to health service doctors serving its subscribers, all acquisition
costs in procuring subscribers, the reserves to be maintained by such corporation,
and all contracts entered into by any such corporation and extending over a period
of more than one year or calling for the expenditure by the corporation of any amount
in excess of 20% of its reserves, shall be approved by the department before they
become effective.
(b) Procedure.--Every application for such approval shall be made to the department in writing and
shall be subject to the provisions of subsections (c) through (f) of section 6102
of this title (relating to certification of hospital plan corporations), except that
the department may substitute publication in the Pennsylvania Bulletin of notice of
reasonable opportunity to submit written comments for publication of opportunity for
hearing in any case where the right to an oral hearing is not conferred by the Constitution
of the United States or the Constitution of Pennsylvania. Within 60 days after the
filing of the application the department shall approve or refuse such application.
1996 Partial Repeal. Section 14 of Act 159 of 1996, known as the Accident and Health Filing Reform Act,
provided that subsec. (a) is repealed insofar as it provides for the approval of rates
and contracts.
References in Text. Section 14 of Act 159 of 1996, known as the Accident and Health Filing Reform Act,
was renumbered 5101 by the act of December 22, 2011, P.L.614, No.134.
Notes of Decisions
Highmark Inc. v. C.L. Voltz, Esq., 163 A.3d 485 (Pa. Commw. Ct. 2017).
· cites it 9× “309, and Section 6329 of the Professional Health Services Plan Corporations Act (HPCA), 40 Pa. C.S. §6329, exempted rate information submitted to the Department.”
Pennsylvania Dental Ass'n v. Commonwealth Ins. Dep't, 516 A.2d 647 (Pa. 1986).
· cites it 8× “This filing essentially was composed of a letter requesting the Department's approval, pursuant to 40 Pa.C.S. § 6329, of a proposed adjustment to the "profiles" by which Blue Shield calculates payments to participants who render services to Blue Shield subscribers (patients).”
Apple v. Commonwealth, Dep't of Ins., 431 A.2d 1183 (Pa. Commw. Ct. 1981).
“40 Pa. C. S. §6329(a). They allege jurisdiction through the Department’s administration of (1) PHSPOA, including interference with subscriber payments, 40 Pa.”
Pennsylvania Dental Ass'n v. Commonwealth, 551 A.2d 1148 (Pa. Commw. Ct. 1988).
“Section 6329(b) of the Professional Health Service Plan Corporations Act (Act), 40 Pa. C. S. §6329(b). We affirm. On July 13, 1987, the Medical Service Association of Pennsylvania, d/b/a Pennsylvania Blue Shield (Blue Shield) submitted Filing No.”
Adams v. Dep't of Health, 967 A.2d 1082 (Pa. Commw. Ct. 2009).
“As the Court further explained, [o]n January 7, 1984, the Department published a notice of the filing and of opportunity to submit comments in the Pennsylvania Bulletin, pursuant to 40 Pa.C.S. § 6329(b) (relating to procedures for Department approval or refusal of payment…”
Pennsylvania Dental Ass'n v. Commonwealth, 398 A.2d 729 (Pa. Commw. Ct. 1979).
“40 Pa. C.S. §6329. All adjudications shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally, or by mail.”
Pennsylvania Dental Ass'n v. Commonwealth, 441 A.2d 1379 (Pa. Commw. Ct. 1982).
“This plan was submitted to the Department of Health and the Insurance Department for approval pursuant to 40 Pa. C. S. §6329. 2 Both agencies approved the plan, and those approvals were appealed to this court pursuant to Section 763(a) of the Judicial Code, as amended, 42 Pa.”
— 40 Pa. Cons. Stat. § 6329(a) — 4 cases
Highmark Inc. v. C.L. Voltz, Esq., 163 A.3d 485 (Pa. Commw. Ct. 2017).
“309, and Section 6329 of the Professional Health Services Plan Corporations Act (HPCA), 40 Pa. C.S. §6329, exempted rate information submitted to the Department.”
Apple v. Commonwealth, Dep't of Ins., 431 A.2d 1183 (Pa. Commw. Ct. 1981).
“40 Pa. C. S. §6329(a). They allege jurisdiction through the Department’s administration of (1) PHSPOA, including interference with subscriber payments, 40 Pa.”
— 40 Pa. Cons. Stat. § 6329(b) — 4 cases
Pennsylvania Dental Ass'n v. Commonwealth Ins. Dep't, 516 A.2d 647 (Pa. 1986).
“This filing essentially was composed of a letter requesting the Department's approval, pursuant to 40 Pa.C.S. § 6329, of a proposed adjustment to the "profiles" by which Blue Shield calculates payments to participants who render services to Blue Shield subscribers (patients).”
Highmark Inc. v. C.L. Voltz, Esq., 163 A.3d 485 (Pa. Commw. Ct. 2017).
“309, and Section 6329 of the Professional Health Services Plan Corporations Act (HPCA), 40 Pa. C.S. §6329, exempted rate information submitted to the Department.”
Pennsylvania Dental Ass'n v. Commonwealth, 551 A.2d 1148 (Pa. Commw. Ct. 1988).
“Section 6329(b) of the Professional Health Service Plan Corporations Act (Act), 40 Pa. C. S. §6329(b). We affirm. On July 13, 1987, the Medical Service Association of Pennsylvania, d/b/a Pennsylvania Blue Shield (Blue Shield) submitted Filing No.”
Adams v. Dep't of Health, 967 A.2d 1082 (Pa. Commw. Ct. 2009).
“As the Court further explained, [o]n January 7, 1984, the Department published a notice of the filing and of opportunity to submit comments in the Pennsylvania Bulletin, pursuant to 40 Pa.C.S. § 6329(b) (relating to procedures for Department approval or refusal of payment…”
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