2016 -- S 2896

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LC005607

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO INSURANCE - HEALTH INSURANCE - TYPE-1 DIABETES INSULIN

TREATMENT

     

     Introduced By: Senators Morgan, Pagliarini, Gee, Cote, and Lombardi

     Date Introduced: April 07, 2016

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 27-18-38 of the General Laws in Chapter 27-18 entitled "Accident

2

and Sickness Insurance Policies" is hereby amended to read as follows:

3

     27-18-38. Diabetes treatment. -- (a) Every individual or group health insurance contract,

4

plan, or policy delivered, issued for delivery or renewed in this state which provides medical

5

coverage that includes coverage for physician services in a physician's office, and every policy

6

which provides major medical or similar comprehensive-type coverage, except for supplemental

7

policies which only provide coverage for specified diseases and other supplemental policies, shall

8

include coverage for the following equipment and supplies for the treatment of insulin treated

9

diabetes, non-insulin treated diabetes, and gestational diabetes, if medically appropriate and

10

prescribed by a physician: blood glucose monitors and blood glucose monitors for the legally

11

blind, test strips for glucose monitors and/or visual reading, insulin, including, without limitation,

12

all insulin medications used to control type-1 diabetes, injection aids, cartridges for the legally

13

blind, syringes, insulin pumps and appurtenances to the pumps, insulin infusion devices, and oral

14

agents for controlling blood sugar and therapeutic/molded shoes for the prevention of amputation.

15

      (b) Upon the approval of new or improved diabetes equipment and supplies by the Food

16

and Drug Administration, all policies governed by this section shall guarantee coverage of new

17

diabetes equipment and supplies when medically appropriate and prescribed by a physician.

18

These policies shall also include coverage, when medically necessary, for diabetes self-

 

1

management education to ensure that persons with diabetes are instructed in the self-management

2

and treatment of their diabetes, including information on the nutritional management of diabetes.

3

The coverage for self-management education and education relating to medical nutrition therapy

4

shall be limited to medically necessary visits upon the diagnosis of diabetes, where a physician

5

diagnoses a significant change in the patient's symptoms or conditions which necessitate changes

6

in a patient's self-management, or where reeducation or refresher training is necessary. This

7

education when medically necessary and prescribed by a physician, may be provided only by the

8

physician or, upon his or her referral to an appropriately licensed and certified health care

9

provider and may be conducted in group settings. Coverage for self-management education and

10

education relating to medical nutrition therapy shall also include home visits when medically

11

necessary.

12

      (c) Benefit plans offered by an insurer may impose co-payment and/or deductibles for

13

the benefits mandated by this chapter; however, in no instance shall the co-payment or deductible

14

amount be greater than the co-payment or deductible amount imposed for other supplies,

15

equipment or physician office visits. Benefits for services under this section shall be reimbursed

16

in accordance with the respective principles and mechanisms of reimbursement for each insurer,

17

hospital, or medical service corporation, or health maintenance organization.

18

     SECTION 2. Section 27-19-35 of the General Laws in Chapter 27-19 entitled "Nonprofit

19

Hospital Service Corporations" is hereby amended to read as follows:

20

     27-19-35. Diabetes treatment. -- (a) Every individual or group health insurance contract,

21

plan, or policy delivered, issued for delivery or renewed in this state which provides medical

22

coverage that includes coverage for physician services in a physician's office, and every policy

23

which provides major medical or similar comprehensive-type coverage, shall include coverage

24

for the following equipment and supplies for the treatment of insulin treated diabetes, non-insulin

25

treated diabetes, and gestational diabetes when medically appropriate and prescribed by a

26

physician: blood glucose monitors and blood glucose monitors for the legally blind, test strips for

27

glucose monitors and/or visual reading, insulin, including, without limitation, all insulin

28

medications used to control type-1 diabetes, injection aids, cartridges for the legally blind,

29

syringes, insulin pumps and appurtenances to the pumps, insulin infusion devices, and oral agents

30

for controlling blood sugar and therapeutic/molded shoes for the prevention of amputation. Upon

31

the approval of new or improved diabetes equipment and supplies by the Food and Drug

32

Administration, all policies governed by this chapter shall guarantee coverage of new diabetes

33

equipment and supplies when medically appropriate and prescribed by a physician. The policies

34

shall also include coverage, when medically necessary, for diabetes self-management education

 

LC005607 - Page 2 of 6

1

to ensure that persons with diabetes are instructed in the self-management and treatment of their

2

diabetes, including information on the nutritional management of diabetes. The coverage for self-

3

management education and education relating to medical nutrition therapy shall be limited to

4

medically necessary visits upon the diagnoses of diabetes, where a physician diagnosis a

5

significant change in the patient's symptoms or conditions which necessitate changes in a patient's

6

self-management, or where reeducation or refresher training is necessary. This education, when

7

medically necessary and prescribed by a physician, may be provided only by the physician or

8

upon his or her referral by an appropriately licensed and certified health care provider and may be

9

conducted in group settings. Coverage for self-management education and education relating to

10

medical nutrition therapy shall also include home visits when medically necessary.

11

      (b) Benefit plans offered by a hospital service corporation may impose copayment and/or

12

deductibles for the benefits mandated by this chapter, however, in no instance shall the

13

copayment or deductible amount be greater than the copayment or deductible amount imposed for

14

other supplies, equipment, or physician office visits. Benefits for services under this chapter shall

15

be reimbursed in accordance with the respective principles and mechanisms of reimbursement for

16

each insurer, hospital, or medical service corporation, or health maintenance organization.

17

     SECTION 3. Section 27-20-30 of the General Laws in Chapter 27-20 entitled "Nonprofit

18

Medical Service Corporations" is hereby amended to read as follows:

19

     27-20-30. Diabetes treatment. -- (a) Every individual or group health insurance contract,

20

plan, or policy delivered, issued for delivery or renewed in this state which provides medical

21

coverage that includes coverage for physician services in a physician's office, and every policy

22

which provides major medical or similar comprehensive-type coverage, shall include coverage

23

for the following equipment and supplies for the treatment of insulin treated diabetes, non-insulin

24

treated diabetes, and gestational diabetes when medically appropriate and prescribed by a

25

physician: blood glucose monitors and blood glucose monitors for the legally blind, test strips for

26

glucose monitors and/or visual reading, insulin, including, without limitation, all insulin

27

medications used to control type-1 diabetes, injection aids, cartridges for the legally blind,

28

syringes, insulin pumps, and appurtenances to the pumps, insulin infusion devices, and oral

29

agents for controlling blood sugar and therapeutic/molded shoes for the prevention of amputation.

30

Upon the approval of new or improved diabetes equipment and supplies by the Food and Drug

31

Administration, all policies governed by this chapter shall guarantee coverage of new diabetes

32

equipment and supplies when medically appropriate and prescribed by a physician. These policies

33

shall also include coverage, when medically necessary, for diabetes self-management education

34

to ensure that persons with diabetes are instructed in the self-management and treatment of their

 

LC005607 - Page 3 of 6

1

diabetes, including information on the nutritional management of diabetes. The coverage for self-

2

management education and education relating to medical nutrition therapy shall be limited to

3

medically necessary visits upon the diagnosis of diabetes, where a physician diagnosis a

4

significant change in the patient's symptoms or conditions which necessitate changes in a patient's

5

self-management, or where reeducation or refresher training is necessary. This education, when

6

medically necessary and prescribed by a physician, may be provided only by the physician or,

7

upon his or her referral, to an appropriately licensed and certified health care provider, and may

8

be conducted in group settings. Coverage for self-management education and education relating

9

to medical nutrition therapy shall also include home visits when medically necessary.

10

      (b) Benefit plans offered by a hospital service corporation may impose copayment and/or

11

deductibles for the benefits mandated by this chapter, however, in no instance shall the

12

copayment or deductible amount be greater than the copayment or deductible amount imposed for

13

other supplies, equipment, or physician office visits. Benefits for services under this chapter shall

14

be reimbursed in accordance with the respective principles and mechanisms of reimbursement for

15

each insurer, hospital, or medical service corporation, or health maintenance organization.

16

     SECTION 4. Section 27-41-44 of the General Laws in Chapter 27-41 entitled "Health

17

Maintenance Organizations" is hereby amended to read as follows:

18

     27-41-44. Diabetes treatment. -- (a) Every individual or group health insurance contract,

19

plan, or policy delivered, issued for delivery or renewed in this state which provides medical

20

coverage that includes coverage for physician services in a physician's office and every policy

21

which provides major medical or similar comprehensive-type coverage shall include coverage for

22

the following equipment and supplies for the treatment of insulin treated diabetes, non-insulin

23

treated diabetes, and gestational diabetes when medically appropriate and prescribed by a

24

physician blood glucose monitors and blood glucose monitors for the legally blind, test strips for

25

glucose monitors and visual reading, insulin, including, without limitation, all insulin medications

26

used to control type-1 diabetes, injection aids, cartridges for the legally blind, syringes, insulin

27

pumps and appurtenances to them, insulin infusion devices, oral agents for controlling blood

28

sugar and therapeutic/molded shoes for the prevention of amputation. Upon the approval of new

29

or improved diabetes equipment and supplies by the Food and Drug Administration, all policies

30

governed by this chapter shall guarantee coverage of this new diabetes equipment and supplies

31

when medically appropriate and prescribed by a physician. These policies shall also include

32

coverage, when medically necessary, for diabetes self-management education to ensure that

33

persons with diabetes are instructed in the self-management and treatment of their diabetes,

34

including information on the nutritional management of diabetes. This coverage for self-

 

LC005607 - Page 4 of 6

1

management education and education relating to medical nutrition therapy shall be limited to

2

medically necessary visits upon the diagnosis of diabetes, where a physician diagnoses a

3

significant change in the patient's symptoms or conditions which necessitate changes in a patient's

4

self-management, or where reeducation or refresher training is necessary. This education, when

5

medically necessary and prescribed by a physician, may be provided only by the physician or,

6

upon his or her referral to an appropriately licensed and certified health care provider and may be

7

conducted in group settings. Coverage for self-management education and education relating to

8

medical nutrition therapy shall also include home visits when medically necessary.

9

      (b) Benefit plans offered by a health maintenance organization may impose copayment

10

and/or deductibles for the benefits mandated by this chapter. However, in no instance shall the

11

copayment or deductible amount be greater than the copayment or deductible amount imposed for

12

other supplies, equipment, or physician office visits. Benefits for services under this chapter shall

13

be reimbursed in accordance with the respective principles and mechanisms of reimbursement for

14

each insurer, hospital, or medical service corporation, or health maintenance organization.

15

     SECTION 5. This act shall take effect on January 1, 2017.

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LC005607

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LC005607 - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE - HEALTH INSURANCE - TYPE-1 DIABETES INSULIN

TREATMENT

***

1

     This act would require health insurance contracts, plans, and policies to provide coverage

2

for all insulin medications used to control type-1 diabetes.

3

     This act would take effect on January 1, 2017.

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LC005607

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LC005607 - Page 6 of 6