2017 -- H 5486 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

     Introduced By: Representatives Kazarian, Regunberg, Blazejewski, Fogarty, and Tanzi

     Date Introduced: February 15, 2017

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness

Insurance Policies" is hereby amended by adding thereto the following section:

     27-18-83. Health insurance contracts - Full year coverage for contraception.

     Beginning on the first day of each plan year after January 1, 2018, every health insurance

issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 2. Section 27-18-57 of the General Laws in Chapter 27-18 entitled "Accident

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

     27-18-57. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy that provides

prescription coverage and is delivered, issued for delivery, or renewed in this state shall provide

coverage for F.D.A. approved contraceptive drugs and devices requiring a prescription. Provided,

that nothing in this subsection shall be deemed to mandate or require coverage for the

prescription drug RU 486.

     (b) Notwithstanding any other provision of this section, any insurance company may

issue to a religious employer an individual or group health insurance contract, plan, or policy that

excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

     (c) As used in this section, "religious employer" means an employer that is a "church or a

qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d) This section does not apply to insurance coverage providing benefits for: (1) hospital

confinement indemnity; (2) disability income; (3) accident only; (4) long term care; (5) Medicare

supplement; (6) limited benefit health; (7) specified diseased indemnity; (8) sickness of bodily

injury or death by accident or both; and (9) other limited benefit policies.

     (e) Every religious employer that invokes the exemption provided under this section shall

provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (f) Beginning on the first day of each plan year after January 1, 2018, every health

insurance issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

Corporations" is hereby amended by adding thereto the following section:

     27-19-74. Health insurance contracts - Full year coverage for contraception.

     Beginning on the first day of each plan year after January 1, 2018, every health insurance

issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 4. Section 27-19-48 of the General Laws in Chapter 27-19 entitled "Nonprofit

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

     27-19-48. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy that provides

prescription coverage and is delivered, issued for delivery, or renewed in this state shall provide

coverage for F.D.A. approved contraceptive drugs and devices requiring a prescription. Provided,

that nothing in this subsection shall be deemed to mandate or require coverage for the

prescription drug RU 486.

     (b) Notwithstanding any other provision of this section, any hospital service corporation

may issue to a religious employer an individual or group health insurance contract, plan, or policy

that excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

     (c) As used in this section, "religious employer" means an employer that is a "church or a

qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

LC001206/SUB A/2 - Page 2 of 6

     (d) Every religious employer that invokes the exemption provided under this section shall

provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (e) Beginning on the first day of each plan year after January 1, 2018, every health

insurance issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 5. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

Corporations" is hereby amended by adding thereto the following section:

     27-20-70. Health insurance contracts - Full year coverage for contraception.

     Beginning on the first day of each plan year after January 1, 2018, every health insurance

issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 6. Section 27-20-43 of the General Laws in Chapter 27-20 entitled "Nonprofit

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

     27-20-43. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy that provides

prescription coverage and is delivered, issued for delivery, or renewed in this state shall provide

coverage for F.D.A. approved contraceptive drugs and devices requiring a prescription. Provided,

that nothing in this subsection shall be deemed to mandate or require coverage for the

prescription drug RU 486.

     (b) Notwithstanding any other provision of this section, any medical service corporation

may issue to a religious employer an individual or group health insurance contract, plan, or policy

that excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

     (c) As used in this section, "religious employer" means an employer that is a "church or a

qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d) Every religious employer that invokes the exemption provided under this section shall

provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (e) Beginning on the first day of each plan year after January 1, 2018, every health

insurance issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

LC001206/SUB A/2 - Page 3 of 6

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 7. Chapter 27-41 of the General Laws entitled "Health Maintenance

Organizations" is hereby amended by adding thereto the following section:

     27-41-87. Health insurance contracts - Full year coverage for contraception.

     Beginning on the first day of each plan year after January 1, 2018, every health insurance

issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 8. Section 27-41-59 of the General Laws in Chapter 27-41 entitled "Health

Maintenance Organizations" is hereby amended to read as follows:

     27-41-59. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy that provides

prescription coverage and is delivered, issued for delivery, or renewed in this state shall provide

coverage for F.D.A. approved contraceptive drugs and devices requiring a prescription; provided,

that nothing in this subsection shall be deemed to mandate or require coverage for the

prescription drug RU 486.

     (b) Notwithstanding any other provision of this section, any health maintenance

corporation may issue to a religious employer an individual or group health insurance contract,

plan, or policy that excludes coverage for prescription contraceptive methods which are contrary

to the religious employer's bona fide religious tenets.

     (c) As used in this section, "religious employer" means an employer that is a "church or a

qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d) Every religious employer that invokes the exemption provided under this section shall

provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (e) Beginning on the first day of each plan year after January 1, 2018, every health

insurance issuer offering group or individual health insurance coverage that covers prescription

contraception shall not restrict reimbursement for dispensing a covered prescription contraceptive

to fewer than three hundred sixty-five (365) days at a time.

     SECTION 9. Chapter 40-8.4 of the General Laws entitled "Health Care For Families" is

hereby amended by adding thereto the following section:

     40-8.4-20. Full year coverage for contraception.

     No later than July 1, 2018, the executive office of health and human services (EOHHS)

shall apply for the appropriate federal approval to provide Medicaid beneficiaries at least three

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hundred sixty-five (365) days of prescription contraception dispensed as a single prescription.

     SECTION 10. Section 9 of this act, pertaining to Medicaid, shall take effect July 1, 2018.

The remaining sections shall take effect January 1, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

***

     This act would provide full year insurance coverage for contraceptives and would provide

coverage thereto.

     Section 9 of this act, pertaining to Medicaid, would take effect July 1, 2018. The

remaining sections would take effect January 1, 2018.

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