2012 -- S 3045

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LC02780

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO INSURANCE -- PRESCRIPTION DRUGS -- NON FORMULARY

MEDICATIONS

     

     

     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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S3045