2012 -- S 3045 | |
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LC02780 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
RELATING TO INSURANCE -- PRESCRIPTION DRUGS -- NON FORMULARY | |
MEDICATIONS | |
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     Introduced By: Senators Felag, McCaffrey, Ruggerio, Gallo, and Walaska | |
     Date Introduced: June 05, 2012 | |
     Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
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     SECTION 1. Section 27-19-42 of the General Laws in Chapter 27-19 entitled "Nonprofit |
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Hospital Service Corporations" is hereby amended to read as follows: |
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     27-19-42. Drug coverage. -- (a) Any nonprofit hospital service corporation that utilizes a |
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formulary of medications for which coverage is provided under an individual or group plan |
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master contract shall require any physician or other person authorized by the department of health |
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to prescribe medication to prescribe from the formulary. A physician or other person authorized |
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by the department of health to prescribe medication shall be allowed to prescribe medications |
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previously on, or not on, the nonprofit hospital service corporation's formulary if he or she |
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believes that the prescription of the non-formulary medication is medically necessary. A |
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nonprofit hospital service corporation shall be required to provide coverage for a non-formulary |
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medication only when the non-formulary medication meets the nonprofit hospital service |
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corporation's medical exception criteria for the coverage of that medication; provided, however |
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that a nonprofit medical service corporation shall be required to provide coverage for a non- |
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formulary medication, regardless of whether said medication meets the nonprofit medical service |
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corporation's medical exception criteria, if the medication has been prescribed as treatment for |
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schizophrenia as defined by the most recent edition of the Diagnostic and Statistical Manual of |
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Mental Disorders (DSM) published by the American Psychiatric Association. |
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      (b) A nonprofit hospital service corporation's medical exception criteria for the coverage |
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of non-formulary medications shall be developed in accordance with section 23-17.13-3(c)(3). |
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      (c) Any subscriber who is aggrieved by a denial of benefits to be provided under this |
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section may appeal the denial in accordance with the rules and regulations promulgated by the |
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department of health pursuant to chapter 17.12 of title 23. |
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     SECTION 2. Section 27-20-37 of the General Laws in Chapter 27-20 entitled "Nonprofit |
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Medical Service Corporations" is hereby amended to read as follows: |
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     27-20-37. Drug coverage. -- (a) Any nonprofit medical service corporation that utilizes a |
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formulary of medications for which coverage is provided under an individual or group plan |
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master contract shall require any physician or other person authorized by the department of health |
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to prescribe medication to prescribe from the formulary. A physician or other person authorized |
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by the department of health to prescribe medication shall be allowed to prescribe medications |
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previously on, or not on, the nonprofit medical service corporation's formulary if he or she |
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believes that the prescription of the non-formulary medication is medically necessary. A |
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nonprofit hospital service corporation shall be required to provide coverage for a non-formulary |
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medication only when the non-formulary medication meets the nonprofit medical service |
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corporation's medical exception criteria for the coverage of that medication; provided, however |
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that a nonprofit medical service corporation shall be required to provide coverage for a non- |
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formulary medication, regardless of whether said medication meets the nonprofit medical service |
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corporation's medical exception criteria, if the medication has been prescribed as treatment for |
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schizophrenia as defined by the most recent edition of the Diagnostic and Statistical Manual of |
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Mental Disorders (DSM) published by the American Psychiatric Association. |
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      (b) A nonprofit medical service corporation's medical exception criteria for the coverage |
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of non-formulary medications shall be developed in accordance with section 23-17.13-3(c)(3). |
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      (c) Any subscriber who is aggrieved by a denial of benefits to be provided under this |
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section may appeal the denial in accordance with the rules and regulations promulgated by the |
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department of health pursuant to chapter 17.12 of title 23. |
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     SECTION 3. This act shall take effect upon passage. |
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LC02780 | |
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EXPLANATION | |
OF | |
A N A C T | |
RELATING TO INSURANCE -- PRESCRIPTION DRUGS -- NON FORMULARY | |
MEDICATIONS | |
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     This act would require nonprofit hospital and medical service corporations to provide |
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coverage for non-formulary schizophrenia medications. |
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     This act would take effect upon passage. |
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LC02780 | |
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