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LC000133

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO INSURANCE -- PRESCRIPTION DRUG BENEFITS

     

     Introduced By: Representatives Morales, Batista, Cruz, Stewart, Voas, Giraldo, J. Brien,
Donovan, Speakman, and Potter

     Date Introduced: February 15, 2023

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 27-20.8 of the General Laws entitled "Prescription Drug Benefits" is

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hereby amended by adding thereto the following section:

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     27-20.8-5. Co-pay cap for prescription asthma inhaler.

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     (a) As used in this section, unless the context otherwise requires, "prescription asthma

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inhaler" means a prescribed medical device that delivers medications used to treat asthma and

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includes metered dose inhalers, nebulizers, and dry powdered inhalers. "Prescription asthma

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inhaler" does not include inhalers available over-the-counter without a prescription to provide

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temporary relief from asthma symptoms.

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     (b) A health plan that provides coverage for prescription asthma inhalers pursuant to the

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terms of a health coverage plan the health plan offers shall cap the total amount that a covered

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person is required to pay for a covered prescription asthma inhaler at an amount not to exceed

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twenty-five dollars ($25.00), per thirty (30) day supply. Coverage for prescription asthma inhalers

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shall not be subject to any deductible.

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     (c) Nothing in this section prevents a health plan from reducing a covered person's cost

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sharing to an amount less than the amount specified in subsection (b) of this section.

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     (d) The office of the health insurance commissioner may use any of its enforcement powers

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to obtain a health plan's compliance with this section.

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     (e) The office of the health insurance commissioner may promulgate rules and regulations

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as necessary to implement and administer this section and to align with federal requirements.

 

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     SECTION 2. This act shall take effect on January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- PRESCRIPTION DRUG BENEFITS

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     This act would cap the total amount that a covered person is required to pay for a covered

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prescription asthma inhaler to twenty-five dollars ($25.00) per thirty (30) day supply.

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     This act would take effect on January 1, 2024.

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