2023 -- S 0575

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LC001879

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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: Senators Lauria, Miller, Ujifusa, Bell, Murray, Euer, Kallman, Lawson,
DiMario, and Valverde

     Date Introduced: March 07, 2023

     Referred To: Senate 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 epinephrine auto injectors.

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

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auto injectors" or "epi-pens" means a device that delivers the drug epinephrine, that is used when

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a person is experiencing a severe allergic reaction, known as anaphylaxis.

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     (b) A health plan that provides coverage for prescription epinephrine auto injectors,

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pursuant to the terms of a health coverage plan the health plan offers, shall cap the total amount

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that a covered person is required to pay for a covered prescription epinephrine auto injector at an

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amount not to exceed thirty-five dollars ($35.00), per thirty (30) day supply of epinephrine auto

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injectors. Coverage for prescription epinephrine auto injectors shall not be subject to any

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deductible.

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

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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 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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     (e) 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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     SECTION 2. This act shall take effect upon passage.

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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 require health plans that provide coverage for prescription epinephrine auto

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injectors (epi-pens) to charge no more than thirty-five dollars ($35.00) for a thirty (30) day supply.

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Coverage for prescription epinephrine auto injectors would not be subject to any deductible.

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     This act would take effect upon passage.

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