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2012 -- S 2428 | |
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LC01575 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO INSURANCE - COVERAGE FOR PRESCRIPTION DRUGS | |
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Introduced By: Senators Crowley, Perry, Ottiano, and Miller | |
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Date Introduced: February 15, 2012 | |
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Referred To: Senate Health & Human Services | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service |
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Corporations" is hereby amended by adding thereto the following section: |
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27-19-62. Coverage for prescription drugs. -- (a) Every individual or group health |
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insurance contract, or every individual or group hospital or medical expense insurance policy, |
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plan, or group policy issued for delivery, or renewed in this state on or after the enactment of this |
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section that provides coverage for prescription drugs shall not require an insured to use, prior to |
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using a brand name prescription drug prescribed by a licensed prescriber, any alternative brand |
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name prescription drugs or over-the-counter drugs. |
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(b) Health insurance contracts, plans or policies to which this section applies may require |
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an insured to use, prior to using a brand name prescription drug prescribed by a licensed |
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prescriber, a therapeutically equivalent generic drug, unless, pursuant to sections 5-19.1-19, 5-37- |
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18.1 and 21-31-15(b), the prescriber indicates “brand name necessary” on the prescription form, |
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or if the prescriber gives oral direction to that effect to the dispensing pharmacist. |
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SECTION 2. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service |
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Corporations" is hereby amended by adding thereto the following section: |
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27-20-58. Coverage for prescription drugs. -- (a) Every individual or group health |
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insurance contract, or every individual or group hospital or medical expense insurance policy, |
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plan, or group policy issued for delivery, or renewed in this state on or after the enactment of this |
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section that provides coverage for prescription drugs shall not require an insured to use, prior to |
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using a brand name prescription drug prescribed by a licensed prescriber, any alternative brand |
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name prescription drugs or over-the-counter drugs. |
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(b) Health insurance contracts, plans or policies to which this section applies may require |
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an insured to use, prior to using a brand name prescription drug prescribed by a licensed |
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prescriber, a therapeutically equivalent generic drug, unless, pursuant to sections 5-19.1-19, 5-37- |
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18.1 and 21-31-15(b), the prescriber indicates “brand name necessary” on the prescription form, |
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or if the prescriber gives oral direction to that effect to the dispensing pharmacist. |
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SECTION 3. Chapter 27-41 of the General Laws entitled "Health Maintenance |
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Organizations" is hereby amended by adding thereto the following section: |
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27-41-75. Coverage for prescription drugs. -- (a) Every individual or group health |
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insurance contract, or every individual or group hospital or medical expense insurance policy, |
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plan, or group policy issued for delivery, or renewed in this state on or after the enactment of this |
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section that provides coverage for prescription drugs shall not require an insured to use, prior to |
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using a brand name prescription drug prescribed by a licensed prescriber, any alternative brand |
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name prescription drugs or over-the-counter drugs. |
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(b) Health insurance contracts, plans or policies to which this section applies may require |
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an insured to use, prior to using a brand name prescription drug prescribed by a licensed |
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prescriber, a therapeutically equivalent generic drug, unless, pursuant to sections 5-19.1-19, 5-37- |
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18.1 and 21-31-15(b), the prescriber indicates “brand name necessary” on the prescription form, |
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or if the prescriber gives oral direction to that effect to the dispensing pharmacist. |
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SECTION 4. This act shall take effect upon passage. |
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LC01575 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO INSURANCE - COVERAGE FOR PRESCRIPTION DRUGS | |
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This act would prevent health insurance policies, plans or contracts that provide coverage |
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for prescription drugs from requiring a beneficiary to use an alternative brand name prescription |
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drug or over-the-counter drug prior to using a brand name prescription drug prescribed by a |
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licensed physician. |
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This act would take effect upon passage. |
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LC01575 | |
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