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HB 2490

An Act amending Title 67 (Public Welfare) of the Pennsylvania Consolidated Statutes, in miscellaneous provisions, providing for waiver of subrogation.

2025-2026 Regular Session Introduced by Aerion Abney and 12 co-sponsors

HB 2490 would allow waivers of subrogation for certain claims involving Pennsylvania child welfare providers, shifting some financial risk away from insurers to providers under def

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Bill Summary · HB 2490

Summary of Bill: HB 2490 (2025-2026) – Pennsylvania

Purpose and Intent

  • HB 2490 amends Title 67 (Public Welfare) of the Pennsylvania Consolidated Statutes, within the miscellaneous provisions, to provide for the waiver of subrogation in certain circumstances related to child welfare providers.
  • The bill is framed around protections for child welfare providers, addressing their liability exposure.

Key Provisions (Substantive Changes)

  • Establishes or clarifies a mechanism to waive subrogation rights in specified child welfare contexts. Subrogation typically allows an insurance company to pursue recovery from a liable third party after paying a claim. A waiver of subrogation means the insurer agrees not to pursue such recovery, potentially shifting financial risk and liability.
  • The exact scope (e.g., which parties, types of claims, or circumstances) is defined within the bill’s text under Title 67’s miscellaneous provisions. The summary notes indicate a focus on “Child Welfare Providers’ Liability,” suggesting protections for entities such as foster care agencies, licensed child welfare organizations, or related service providers.
  • The bill’s language would determine when a waiver of subrogation is available, and any limitations, conditions, or procedural requirements for implementing such waivers.

Who Would Be Affected

  • Child welfare providers operating under Pennsylvania’s public welfare framework.
  • Insurance carriers underwriting policies connected to child welfare services.
  • Potentially foster care agencies, child welfare service contractors, and other entities involved in the provision of child welfare supports.

Procedural and Timeline Aspects

  • Prime sponsor: Representative Aerion Abney, with a broad set of co-sponsors from both Democratic and Republican members.
  • Status:
    • Referred to the House Committee on Children & Youth on May 6, 2026.
    • Reported as committed and first considered on June 24, 2026.
    • Referred to Rules shortly thereafter on June 24, 2026.
  • Roll call on the Committee vote: 26 yes, 0 no (as of the June 24, 2026 committee action), indicating unanimous support in the committee for the bill as committed.
  • The bill has not yet been enacted into law; it is in the legislative process with committee approvals and potential floor action pending.

Context and Related Legislation

  • The bill is part of a broader set of public welfare and child welfare reforms under Title 67. It interacts with other bills amending similar statutes (e.g., provisions touching on child welfare providers’ liability and protections).
  • The sponsor and co-sponsors include a diverse group of Pennsylvania representatives, signaling cross-party interest in addressing provider liability issues in the child welfare system.

Potential Impact

  • For child welfare providers: Enhanced clarity and potential liability protections through subrogation waivers could reduce post-claim insurance recovery actions, potentially impacting loss reserves and cost of care.
  • For insurers: Subrogation waivers may limit recovery from third parties, potentially affecting how recoveries are accounted for after indemnity payments.
  • For families and foster care system: If waivers reduce the financial risk borne by providers, it could influence service availability, staffing, and program stability, though the policy’s direct impact on service quality would depend on implementation details.

Notes for Readers

  • The exact statutory language will specify the conditions, scope, and processes for waivers of subrogation. Readers should monitor a final enacted version for precise definitions, applicability, and any mandatory reporting or oversight requirements.
  • The summary reflects the current bill text as of the latest committee actions and may evolve with further amendments or floor consideration.

Compiled from official sources — confirm details with the bill’s official record.

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