Health insurer CEOs could face criminal liability for denials that lead to injury, death under Pennsylvania bill 

Advertisement

A Pennsylvania bill would create a category of aggravated assault in the state’s criminal code to hold health insurer CEOs liable if a covered person gets an “adverse benefit determination” of a medically necessary benefit that leads to serious bodily injury or death.

Under House Bill 2611, referred to the House judiciary committee June 8, the highest ranking officer at health insurers would be “guilty of aggravated assault” in these cases. According to Pennsylvania law, an adverse benefit determination includes denials, reduced benefits or payments not made in full for the benefit.

“When insurance executives — rather than treating medical professionals — determine patient care, and a decision to deny care leads to serious harm or death, there must be accountability,” Democratic State Rep. Emily Kinkead, the bill’s primary sponsor, said in a June 8 news release.

The bill would not apply to specified disease, TRICARE, Medicare supplement, short-term limited duration, dental-only and vision-only policies, among other policy types with limited scopes.

At the Becker's 5th Annual Fall Payer Issues Roundtable, taking place November 2–3 in Chicago, payer executives and healthcare leaders will come together to discuss value-based care, regulatory changes, cost management strategies and innovations shaping the future of payer-provider collaboration. Apply for complimentary registration now.

Advertisement

Next Up in Legal

Advertisement