| Chapter 233 |
| 2023 -- S 0871 SUBSTITUTE A Enacted 06/23/2023 |
| A N A C T |
| RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES |
Introduced By: Senators Goodwin, Lombardo, Ruggerio, and Valverde |
| Date Introduced: March 30, 2023 |
| 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: |
| 27-18-50.2. Specialty drugs. |
| (a) The general assembly makes the following findings: |
| (1) In 2015, an estimated six hundred thirty-five thousand (635,000) Rhode Island residents |
| had at least one chronic disease, and an estimated two hundred forty-nine thousand (249,000) |
| residents had two (2) or more chronic diseases, which significantly increases their likelihood to |
| depend on prescription specialty drugs; |
| (2) In 2016, twenty-five percent (25%) of Rhode Island residents stopped taking a |
| prescription drug as prescribed due to cost; |
| (3) Most specialty drugs do not have biosimilars, generic equivalents, or substitutes to |
| create competition and help lower their prices; and |
| (4) In 2022, the Centers for Medicare and & Medicaid Services define any drug for which |
| the negotiated price is six hundred seventy dollars ($670) per month or more, as a specialty drug. |
| (b) As used in this section, the following words shall have the following meanings: |
| (1) "Complex or chronic medical condition" means a physical, behavioral, or |
| developmental condition that is persistent or otherwise long-lasting in its effects or a disease that |
| advances over time, and: |
| (i) May have no known cure; |
| (ii) Is progressive; or |
| (iii) Can be debilitating or fatal if left untreated or undertreated. |
| "Complex or chronic medical condition" includes, but is not limited to, multiple sclerosis, |
| hepatitis c, and rheumatoid arthritis. |
| (2) "Pre-service authorization" means a cost containment method that an insurer, a |
| nonprofit health service plan, or a health maintenance organization uses to review and preauthorize |
| coverage for drugs prescribed by a health care healthcare provider for a covered individual to |
| control utilization, quality, and claims. |
| (3) "Rare medical condition" means a disease or condition that affects fewer than: |
| (i) Two hundred thousand (200,000) individuals in the United States; or |
| (ii) Approximately one in one thousand five hundred (1,500) individuals worldwide. |
| "Rare medical condition" includes, but is not limited to, cystic fibrosis, hemophilia, and |
| multiple myeloma. |
| (4) "Specialty drug" means a prescription drug that exceeds the threshold for a specialty |
| drug under the Medicare Part D program (Medicare Prescription Drug Improvement and |
| Modernization Act of 2003 (Public Law 108-173)). |
| (5) "Specialty drug tier" means a formulary tier in the pharmacy benefit that imposes a |
| cost-sharing obligation for a specialty drug. |
| (c) Every individual or group health insurance contract, plan, or policy that provides |
| prescription drug coverage and is delivered, issued for delivery, or renewed in this state on or after |
| January 1, 2025, shall limit any required copayment of or coinsurance applicable to covered drugs |
| on a specialty drug tier to an amount not to exceed one hundred fifty dollars ($150) per month for |
| each drug up to a thirty-day (30) supply of any single drug. This limit shall be inclusive of any |
| copayment or coinsurance. This limit shall be applicable after any deductible is reached and until |
| the individual's maximum out-of-pocket limit has been reached. |
| (d) Nothing in this section shall prevent an entity subject to this section from reducing a |
| covered individual's cost sharing for a specialty drug to an amount less than that described in section |
| (c) of this section. |
| (e) The health insurance commissioner may promulgate any rules and regulations |
| necessary to implement and administer this section in accordance with any federal requirements |
| and shall use the commissioner's enforcement powers to obtain compliance with the provisions of |
| this section. |
| SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service |
| Corporations" is hereby amended by adding thereto the following section: |
| 27-19-42.1. Specialty drugs. |
| (a) The general assembly makes the following findings: |
| (1) In 2015, an estimated six hundred thirty-five thousand (635,000) Rhode Island residents |
| had at least one chronic disease, and an estimated two hundred forty-nine thousand (249,000) |
| residents had two (2) or more chronic diseases, which significantly increases their likelihood to |
| depend on prescription specialty drugs; |
| (2) In 2016, twenty-five percent (25%) of Rhode Island residents stopped taking a |
| prescription drug as prescribed due to cost; |
| (3) Most specialty drugs do not have biosimilars, generic equivalents, or substitutes to |
| create competition and help lower their prices; and |
| (4) In 2022, the Centers for Medicare and Medicaid Services define any drug for which the |
| negotiated price is six hundred seventy dollars ($670) per month or more, as a specialty drug. |
| (b) As used in this section, the following words shall have the following meanings: |
| (1) "Complex or chronic medical condition" means a physical, behavioral, or |
| developmental condition that is persistent or otherwise long-lasting in its effects or a disease that |
| advances over time, and: |
| (i) May have no known cure; |
| (ii) Is progressive; or |
| (iii) Can be debilitating or fatal if left untreated or undertreated. |
| "Complex or chronic medical condition" includes, but is not limited to, multiple sclerosis, |
| hepatitis c, and rheumatoid arthritis. |
| (2) "Pre-service authorization" means a cost containment method that an insurer, a |
| nonprofit health service plan, or a health maintenance organization uses to review and preauthorize |
| coverage for drugs prescribed by a health care healthcare provider for a covered individual to |
| control utilization, quality, and claims. |
| (3) "Rare medical condition" means a disease or condition that affects fewer than: |
| (i) Two hundred thousand (200,000) individuals in the United States; or |
| (ii) Approximately one in one thousand five hundred (1,500) individuals worldwide. |
| "Rare medical condition" includes, but is not limited to, cystic fibrosis, hemophilia, and |
| multiple myeloma. |
| (4) "Specialty drug" means a prescription drug that exceeds the threshold for a specialty |
| drug under the Medicare Part D program (Medicare Prescription Drug Improvement and |
| Modernization Act of 2003 (Public Law 108-173)). |
| (5) "Specialty drug tier" means a formulary tier in the pharmacy benefit that imposes a |
| cost-sharing obligation for a specialty drug. |
| (c) Every individual or group health insurance contract, plan, or policy that provides |
| prescription drug coverage and is delivered, issued for delivery, or renewed in this state on or after |
| January 1, 2025, shall limit any required copayment of or coinsurance applicable to covered drugs |
| on a specialty drug tier to an amount not to exceed one hundred fifty dollars ($150) per month for |
| each drug up to a thirty-day (30) supply of any single drug. This limit shall be inclusive of any |
| copayment or coinsurance. This limit shall be applicable after any deductible is reached and until |
| the individual's maximum out-of-pocket limit has been reached. |
| (d) Nothing in this section shall prevent an entity subject to this section from reducing a |
| covered individual's cost sharing for a specialty drug to an amount less than that described in section |
| subsection (c) of this section. |
| (e) The health insurance commissioner may promulgate any rules and regulations |
| necessary to implement and administer this section in accordance with any federal requirements |
| and shall use the commissioner's enforcement powers to obtain compliance with the provisions of |
| this section. |
| SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service |
| Corporations" is hereby amended by adding thereto the following section: |
| 27-20-37.1. Specialty drugs. |
| (a) The general assembly makes the following findings: |
| (1) In 2015, an estimated six hundred thirty-five thousand (635,000) Rhode Island residents |
| had at least one chronic disease, and an estimated two hundred forty-nine thousand (249,000) |
| residents had two (2) or more chronic diseases, which significantly increases their likelihood to |
| depend on prescription specialty drugs; |
| (2) In 2016, twenty-five percent (25%) of Rhode Island residents stopped taking a |
| prescription drug as prescribed due to cost; |
| (3) Most specialty drugs do not have biosimilars, generic equivalents, or substitutes to |
| create competition and help lower their prices; and |
| (4) In 2022, the Centers for Medicare and Medicaid Services define any drug for which the |
| negotiated price is six hundred seventy dollars ($670) per month or more, as a specialty drug. |
| (b) As used in this section, the following words shall have the following meanings: |
| (1) "Complex or chronic medical condition" means a physical, behavioral, or |
| developmental condition that is persistent or otherwise long-lasting in its effects or a disease that |
| advances over time, and: |
| (i) May have no known cure; |
| (ii) Is progressive; or |
| (iii) Can be debilitating or fatal if left untreated or undertreated. |
| "Complex or chronic medical condition" includes, but is not limited to, multiple sclerosis, |
| hepatitis c, and rheumatoid arthritis. |
| (2) "Pre-service authorization" means a cost containment method that an insurer, a |
| nonprofit health service plan, or a health maintenance organization uses to review and preauthorize |
| coverage for drugs prescribed by a health care healthcare provider for a covered individual to |
| control utilization, quality, and claims. |
| (3) "Rare medical condition" means a disease or condition that affects fewer than: |
| (i) Two hundred thousand (200,000) individuals in the United States; or |
| (ii) Approximately one in one thousand five hundred (1,500) individuals worldwide. |
| "Rare medical condition" includes, but is not limited to, cystic fibrosis, hemophilia, and |
| multiple myeloma. |
| (4) "Specialty drug" means a prescription drug that exceeds the threshold for a specialty |
| drug under the Medicare Part D program (Medicare Prescription Drug Improvement and |
| Modernization Act of 2003 (Public Law 108-173)). |
| (5) "Specialty drug tier" means a formulary tier in the pharmacy benefit that imposes a |
| cost-sharing obligation for a specialty drug. |
| (c) Every individual or group health insurance contract, plan, or policy that provides |
| prescription drug coverage and is delivered, issued for delivery, or renewed in this state on or after |
| January 1, 2025, shall limit any required copayment of or coinsurance applicable to covered drugs |
| on a specialty drug tier to an amount not to exceed one hundred fifty dollars ($150) per month for |
| each drug up to a thirty-day (30) supply of any single drug. This limit shall be inclusive of any |
| copayment or coinsurance. This limit shall be applicable after any deductible is reached and until |
| the individual's maximum out-of-pocket limit has been reached. |
| (d) Nothing in this section shall prevent an entity subject to this section from reducing a |
| covered individual's cost sharing for a specialty drug to an amount less than that described in section |
| subsection (c) of this section. |
| (e) The health insurance commissioner may promulgate any rules and regulations |
| necessary to implement and administer this section in accordance with any federal requirements |
| and shall use the commissioner's enforcement powers to obtain compliance with the provisions of |
| this section. |
| SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance |
| Organizations" is hereby amended by adding thereto the following section: |
| 27-41-38.3. Specialty drugs. |
| (a) The general assembly makes the following findings: |
| (1) In 2015, an estimated six hundred thirty-five thousand (635,000) Rhode Island residents |
| had at least one chronic disease, and an estimated two hundred forty-nine thousand (249,000) |
| residents had two (2) or more chronic diseases, which significantly increases their likelihood to |
| depend on prescription specialty drugs; |
| (2) In 2016, twenty-five percent (25%) of Rhode Island residents stopped taking a |
| prescription drug as prescribed due to cost; |
| (3) Most specialty drugs do not have biosimilars, generic equivalents, or substitutes to |
| create competition and help lower their prices; and |
| (4) In 2022, the Centers for Medicare and Medicaid Services define any drug for which the |
| negotiated price is six hundred seventy dollars ($670) per month or more, as a specialty drug. |
| (b) As used in this section, the following words shall have the following meanings: |
| (1) "Complex or chronic medical condition" means a physical, behavioral, or |
| developmental condition that is persistent or otherwise long-lasting in its effects or a disease that |
| advances over time, and: |
| (i) May have no known cure; |
| (ii) Is progressive; or |
| (iii) Can be debilitating or fatal if left untreated or undertreated. |
| "Complex or chronic medical condition" includes, but is not limited to, multiple sclerosis, |
| hepatitis c, and rheumatoid arthritis. |
| (2) "Pre-service authorization" means a cost containment method that an insurer, a |
| nonprofit health service plan, or a health maintenance organization uses to review and preauthorize |
| coverage for drugs prescribed by a health care healthcare provider for a covered individual to |
| control utilization, quality, and claims. |
| (3) "Rare medical condition" means a disease or condition that affects fewer than: |
| (i) Two hundred thousand (200,000) individuals in the United States; or |
| (ii) Approximately one in one thousand five hundred (1,500) individuals worldwide. |
| "Rare medical condition" includes, but is not limited to, cystic fibrosis, hemophilia, and |
| multiple myeloma. |
| (4) "Specialty drug" means a prescription drug that exceeds the threshold for a specialty |
| drug under the Medicare Part D program (Medicare Prescription Drug Improvement and |
| Modernization Act of 2003 (Public Law 108-173)). |
| (5) "Specialty drug tier" means a formulary tier in the pharmacy benefit that imposes a |
| cost-sharing obligation for a specialty drug. |
| (c) Every individual or group health insurance contract, plan, or policy that provides |
| prescription drug coverage and is delivered, issued for delivery, or renewed in this state on or after |
| January 1, 2025, shall limit any required copayment of or coinsurance applicable to covered drugs |
| on a specialty drug tier to an amount not to exceed one hundred fifty dollars ($150) per month for |
| each drug up to a thirty-day (30) supply of any single drug. This limit shall be inclusive of any |
| copayment or coinsurance. This limit shall be applicable after any deductible is reached and until |
| the individual's maximum out-of-pocket limit has been reached. |
| (d) Nothing in this section shall prevent an entity subject to this section from reducing a |
| covered individual's cost sharing for a specialty drug to an amount less than that described in section |
| (c) of this section. |
| (e) The health insurance commissioner may promulgate any rules and regulations |
| necessary to implement and administer this section in accordance with any federal requirements |
| and shall use the commissioner's enforcement powers to obtain compliance with the provisions of |
| this section. |
| SECTION 5. This act shall take effect on January 1, 2025. |
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| LC001490/SUB A |
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