4 | 4 | | HB.docx |
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7 | 7 | | General Assembly Substitute Bill No. 6096 |
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8 | 8 | | January Session, 2019 |
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14 | 14 | | AN ACT LIMITING CHANGES TO PRESCRIPTION DRUG |
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15 | 15 | | FORMULARIES AND LIST S OF COVERED DRUGS. |
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16 | 16 | | Be it enacted by the Senate and House of Representatives in General |
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17 | 17 | | Assembly convened: |
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18 | 18 | | |
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19 | 19 | | Section 1. (NEW) (Effective January 1, 2020) (a) For the purposes of 1 |
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20 | 20 | | this section: 2 |
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21 | 21 | | (1) "Affordable Care Act" has the same meaning as provided in 3 |
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22 | 22 | | section 38a-1080 of the general statutes; 4 |
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23 | 23 | | (2) "Health benefit plan" has the same meaning as provided in 5 |
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24 | 24 | | section 38a-1080 of the general statutes, except that such term shall not 6 |
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25 | 25 | | include a grandfathered health plan as such term is used in the 7 |
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26 | 26 | | Affordable Care Act; and 8 |
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27 | 27 | | (3) "Health carrier" has the same meaning as provided in section 9 |
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28 | 28 | | 38a-1080 of the general statutes. 10 |
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29 | 29 | | (b) Notwithstanding any provision of the general statutes and 11 |
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30 | 30 | | except as provided in subsection (c) of this section, no health carrier 12 |
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31 | 31 | | offering a health benefit plan in this state on or after January 1, 2020, 13 |
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32 | 32 | | that includes a pharmacy benefit and uses a drug formulary or list of 14 |
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33 | 33 | | covered drugs shall: 15 |
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34 | 34 | | (1) Remove a prescription drug from the drug formulary or list of 16 Substitute Bill No. 6096 |
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37 | 37 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06096- |
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41 | 41 | | covered drugs during a plan year; or 17 |
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42 | 42 | | (2) Move a prescription drug from a cost-sharing tier that imposes a 18 |
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43 | 43 | | lesser coinsurance, copayment or deductible for the prescription drug 19 |
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44 | 44 | | to a cost-sharing tier that imposes a greater coinsurance, copayment or 20 |
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45 | 45 | | deductible for such prescription drug during a plan year. 21 |
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46 | 46 | | (c) A health carrier offering a health benefit plan in this state on or 22 |
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47 | 47 | | after January 1, 2020, that includes a pharmacy benefit and uses a drug 23 |
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48 | 48 | | formulary or list of covered drugs may: 24 |
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49 | 49 | | (1) Remove a prescription drug from the drug formulary or list of 25 |
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50 | 50 | | covered drugs if: 26 |
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51 | 51 | | (A) The prescription drug is not approved by the federal Food and 27 |
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52 | 52 | | Drug Administration; 28 |
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53 | 53 | | (B) The federal Food and Drug Administration issues an 29 |
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54 | 54 | | announcement, guidance, notice, warning or statement concerning the 30 |
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55 | 55 | | prescription drug that calls into question the clinical safety of such 31 |
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56 | 56 | | prescription drug; or 32 |
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57 | 57 | | (C) The prescription drug is approved by the federal Food and Drug 33 |
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58 | 58 | | Administration for use without a prescription; and 34 |
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59 | 59 | | (2) Move a brand name prescription drug from a cost-sharing tier 35 |
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60 | 60 | | that imposes a lesser coinsurance, copayment or deductible for the 36 |
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61 | 61 | | brand name prescription drug to a cost-sharing tier that imposes a 37 |
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62 | 62 | | greater coinsurance, copayment or deductible for such brand name 38 |
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63 | 63 | | prescription drug if the health carrier adds to such drug formulary or 39 |
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64 | 64 | | list of covered drugs a generic prescription drug: 40 |
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65 | 65 | | (A) That is approved by the federal Food and Drug Administration 41 |
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66 | 66 | | for use as an alternative to such brand name prescription drug; and 42 |
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67 | 67 | | (B) In a cost-sharing tier that will impose a coinsurance, copayment 43 |
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68 | 68 | | or deductible for the generic prescription drug that is lesser than the 44 Substitute Bill No. 6096 |
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71 | 71 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06096- |
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73 | 73 | | 3 of 3 |
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75 | 75 | | coinsurance, copayment or deductible that will be imposed for such 45 |
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76 | 76 | | brand name prescription drug. 46 |
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77 | 77 | | (d) Nothing in this section shall be construed to prevent or prohibit 47 |
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78 | 78 | | a health carrier from adding a prescription drug to a formulary or list 48 |
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79 | 79 | | of covered drugs at any time. 49 |
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80 | 80 | | This act shall take effect as follows and shall amend the following |
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81 | 81 | | sections: |
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82 | 82 | | |
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83 | 83 | | Section 1 January 1, 2020 New section |
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84 | 84 | | |
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85 | 85 | | INS Joint Favorable Subst. |
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