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General Assembly Raised Bill No. 1008
January Session, 2021
LCO No. 3658
Referred to Committee on INSURANCE AND REAL ESTATE
Introduced by:
(INS)
AN ACT CONCERNING HE ALTH EQUITY, THE CORONAVIRUS
PANDEMIC AND PULSE O XIMETERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) For the purposes of this 1
section: 2
(1) "Health care provider" has the same meaning as provided in 3
section 38a-477aa of the general statutes; 4
(2) "Health carrier" has the same meaning as provided in section 38a-5
1080 of the general statutes; 6
(3) "Pharmacist" has the same meaning as provided in section 38a-7
479aaa of the general statutes; 8
(4) "Pharmacy" has the same meaning as provided in section 38a-9
479aaa of the general statutes; and 10
(5) "Pharmacy benefits manager" has the same meaning as provided 11
in section 38a-479aaa of the general statutes. 12 Raised Bill No. 1008
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(b) The Insurance Commissioner, in consultation w ith the 13
Commissioner of Public Health, shall adopt regulations, in accordance 14
with the provisions of chapter 54 of the general statutes, to ensure that: 15
(1) Each health care provider, health carrier, pharmacist, pharmacy 16
and pharmacy benefits manager doing business in this state is informed 17
that a pulse oximeter is more likely to produce an inaccurate blood 18
oxygen level reading for an insured who is an individual of color as 19
opposed to an insured who is a white individual; and 20
(2) Each insured in this state: 21
(A) Who receives a covered pulse oximeter is informed that such 22
pulse oximeter is more likely to produce an inaccurate blood oxygen 23
level reading for such insured if such insured is an individual of color 24
as opposed to an insured who is a white individual; and 25
(B) Is informed that if such insured receives an inaccurate blood 26
oxygen level reading as measured by a pulse oximeter such insured may 27
be deprived of medically necessary health care services due to such 28
inaccurate reading. 29
Sec. 2. (NEW) (Effective January 1, 2022) No insurer, health care center, 30
hospital service corporation, medical service corporation, fraternal 31
benefit society or other entity delivering, issuing for delivery, renewing, 32
amending or continuing an individual or group health insurance policy 33
in this state on or after January 1, 2022, providing coverage of the type 34
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of 35
the general statutes shall deny coverage for an otherwise covered 36
benefit if such denial is exclusively based on an insured's blood oxygen 37
level as measured by a pulse oximeter. 38
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 January 1, 2022 New section
Raised Bill No. 1008
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Statement of Purpose:
To: (1) Require the Insurance Commissioner, in consultation with the
Commissioner of Public Health, to adopt regulations to ensure that (A)
each health care provider, health carrier, pharmacist, pharmacy and
pharmacy benefits manager doing business in this state is informed that
a pulse oximeter is more likely to produce an inaccurate blood oxygen
level reading for an insured who is an individual of color as opposed to
an insured who is a white individual, and (B) each insured in this state
(i) who receives a covered pulse oximeter is informed that such pulse
oximeter is more likely to produce an inaccurate blood oxygen level
reading for such insured if such insured is an individual of color as
opposed to an insured who is a white individual, and (ii) is informed
that if such insured receives an inaccurate blood oxygen level reading
as measured by a pulse oximeter such insured may be deprived of
medically necessary health care services due to such inaccurate reading;
and (2) provide that no insurer, health care center, hospital service
corporation, medical service corporation, fraternal benefit society or
other entity delivering, issuing, renewing, amending or continuing
certain individual and group health insurance policies in this state may
deny coverage for an otherwise covered benefit if such denial is
exclusively based on an insured's blood oxygen level as measured by a
pulse oximeter.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]