2024 -- S 2401

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LC004447

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

     

     Introduced By: Senators DiPalma, and Miller

     Date Introduced: February 12, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

1

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

2

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

3

     27-18-95. Coverage for pharmacists' services.

4

     (a) Every group health insurance contract, or every group hospital or medical expense

5

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

6

any health insurance carrier, on or after January 1, 2025, shall provide coverage for the services

7

within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2, and pharmacists' services

8

provided under a collaborative agreement pursuant to § 5-19.2-2, if the plan would have provided

9

coverage if the service had been performed by a physician, advanced practice nurse, or physician

10

assistant . No nonprofit medical service corporation may require supervision, signature, or referral

11

by any other healthcare provider as a condition of reimbursement to a pharmacist; provided that,

12

no nonprofit medical service corporation may be required to pay for duplicative services actually

13

rendered by both a pharmacist and any other healthcare provider.

14

     (b) The health plan must include an adequate number of pharmacists in its network of

15

participating medical providers. The participation of pharmacies in the plan network's drug benefit

16

does not satisfy the requirement that plans include pharmacists in their networks of participating

17

medical providers.

18

     (c) The healthcare benefits outlined in this chapter apply only to services delivered within

19

the health insurer's provider network; provided that, all health insurers shall be required to provide

 

1

coverage for those benefits mandated by this chapter outside of the health insurer's provider

2

network where it can be established that the required services are not available from a provider in

3

the health insurer's network.

4

     (d) The department of human services shall apply to the United States department of health

5

and human services for any amendment to the state Medicaid plan or for any Medicaid waiver as

6

necessary to implement this section. The department of human services shall submit the Medicaid

7

state plan amendment not later than September 1, 2024.

8

     SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

9

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

10

     27-19-87. Coverage for pharmacists' services.

11

     (a) Every group health insurance contract, or every group hospital or medical expense

12

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

13

any health insurance carrier, on or after January 1, 2025, shall provide coverage for the services

14

within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2, and pharmacists' services

15

provided under a collaborative agreement pursuant to § 5-19.2-2, if the plan would have provided

16

coverage if the service had been performed by a physician, advanced practice nurse, or physician

17

assistant. No nonprofit medical service corporation may require supervision, signature, or referral

18

by any other healthcare provider as a condition of reimbursement to a pharmacist; provided that,

19

no nonprofit medical service corporation may be required to pay for duplicative services actually

20

rendered by both a pharmacist and any other healthcare provider.

21

     (b) The health plan must include an adequate number of pharmacists in its network of

22

participating medical providers. The participation of pharmacies in the plan network's drug benefit

23

does not satisfy the requirement that plans include pharmacists in their networks of participating

24

medical providers.

25

     (c) The healthcare benefits outlined in this chapter apply only to services delivered within

26

the health insurer's provider network; provided that, all health insurers shall be required to provide

27

coverage for those benefits mandated by this chapter outside of the health insurer's provider

28

network where it can be established that the required services are not available from a provider in

29

the health insurer's network.

30

     (d) The department of human services shall apply to the United States department of health

31

and human services for any amendment to the state Medicaid plan or for any Medicaid waiver as

32

necessary to implement this section. The department of human services shall submit the Medicaid

33

state plan amendment not later than September 1, 2024.

34

     SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

 

LC004447 - Page 2 of 5

1

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

2

     27-20-83. Coverage for pharmacists' services.

3

     (a) Every group health insurance contract, or every group hospital or medical expense

4

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

5

any health insurance carrier, on or after January 1, 2025, shall provide coverage for the services

6

within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2, and pharmacists' services

7

provided under a collaborative agreement pursuant to § 5-19.2-2, if the plan would have provided

8

coverage if the service had been performed by a physician, advanced practice nurse, or physician

9

assistant. No nonprofit medical service corporation may require supervision, signature, or referral

10

by any other healthcare provider as a condition of reimbursement to a pharmacist; provided that,

11

no nonprofit medical service corporation may be required to pay for duplicative services actually

12

rendered by both a pharmacist and any other healthcare provider.

13

     (b) The health plan must include an adequate number of pharmacists in its network of

14

participating medical providers. The participation of pharmacies in the plan network's drug benefit

15

does not satisfy the requirement that plans include pharmacists in their networks of participating

16

medical providers.

17

     (c) The healthcare benefits outlined in this chapter apply only to services delivered within

18

the health insurer's provider network; provided that, all health insurers shall be required to provide

19

coverage for those benefits mandated by this chapter outside of the health insurer's provider

20

network where it can be established that the required services are not available from a provider in

21

the health insurer's network.

22

     (d) The department of human services shall apply to the United States department of health

23

and human services for any amendment to the state Medicaid plan or for any Medicaid waiver as

24

necessary to implement this section. The department of human services shall submit the Medicaid

25

state plan amendment not later than September 1, 2024.

26

     SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance

27

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

28

     27-41-100. Coverage for pharmacists' services.

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     (a) Every group health insurance contract, or every group hospital or medical expense

30

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

31

any health insurance carrier, on or after January 1, 2025, shall provide coverage for the services

32

within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2, and pharmacists' services

33

provided under a collaborative agreement pursuant to § 5-19.2-2, if the plan would have provided

34

coverage if the service had been performed by a physician, advanced practice nurse, or physician

 

LC004447 - Page 3 of 5

1

assistant. No nonprofit medical service corporation may require supervision, signature, or referral

2

by any other healthcare provider as a condition of reimbursement to a pharmacist; provided that,

3

no nonprofit medical service corporation may be required to pay for duplicative services actually

4

rendered by both a pharmacist and any other healthcare provider.

5

     (b) The health plan must include an adequate number of pharmacists in its network of

6

participating medical providers. The participation of pharmacies in the plan network's drug benefit

7

does not satisfy the requirement that plans include pharmacists in their networks of participating

8

medical providers.

9

     (c) The healthcare benefits outlined in this chapter apply only to services delivered within

10

the health insurer's provider network; provided that, all health insurers shall be required to provide

11

coverage for those benefits mandated by this chapter outside of the health insurer's provider

12

network where it can be established that the required services are not available from a provider in

13

the health insurer's network.

14

     (d) The department of human services shall apply to the United States department of health

15

and human services for any amendment to the state Medicaid plan or for any Medicaid waiver as

16

necessary to implement this section. The department of human services shall submit the Medicaid

17

state plan amendment not later than September 1, 2024.

18

     SECTION 5. This act shall take effect on January 1, 2025.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

***

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     This act would require insurance coverage for all services provided by a pharmacist

2

provided coverage of such services would have been covered if provided by a physician, advanced

3

practice nurse, or physician assistant. The health plan would be required to provide an adequate

4

number of pharmacists in its network of participating medical providers. This act would further

5

require the department of human services to apply to the United States department of health and

6

human services for any amendment to state Medicaid plan or any Medicaid waiver as necessary to

7

implement this act, no later than September 1, 2024.

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     This act would take effect on January 1, 2025.

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LC004447

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