SLS 10RS-1190 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 698
BY SENATOR PETERSON
HEALTH/ACC INSURANCE. Provides for employer-provided health plans and specialty
pharmacies. (8/15/10)
AN ACT1
To amend and reenact R.S. 22:1011(B), relative to employer-provided health plans; to2
provide with respect to the limitation to specific pharmacies being prohibited; to3
provide with respect to an exception for speciality pharmacies; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:1011(B) is hereby amended and reenacted to read as follows: 7
§1011. Employer-provided health plan; limitation to specific pharmacies8
prohibited; penalty9
* * *10
B. (1) The provisions of this Section shall not apply to any policies, contracts,11
programs, or plans which are provided by an employer to its employees pursuant to12
any agreement, whether or not in the form of a binding collective bargaining13
agreement.14
(2) The provisions of this Section shall not prohibit an employer from15
providing pharmacy benefits through the use of a specialty pharmacy and16
providing such benefits to its employees at a higher benefit level when such17 SB NO. 698
SLS 10RS-1190 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
specialty pharmacy is used. For purposes of this Section, "specialty pharmacy"1
shall mean a licensed pharmacy that dispenses biotechnology drugs or other2
high cost and unique drug products that may require special ordering,3
handling, and/or customer service, examples of which include, but are not4
limited to, protein drugs, monocolonal antibodies, interferons, antisense drugs,5
epidermal growth factor inhibitors, and gene therapies.6
* * *7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
Present law prohibits an employer who provides pharmacy services including prescription
drugs to any employee or retiree of such employer, as part of any health insurance or health
maintenance program from knowingly requiring the employee or retiree to obtain
prescription drugs from a mail order pharmacy as a condition of obtaining payment for such
drugs. Prohibits an employer from imposing upon an employee or retiree who does not
utilize a designated mail order pharmacy a copayment fee or other condition not imposed
upon employees who use the designated mail order pharmacy. Excludes any policies,
contracts, programs, or plans which are provided by an employer to its employees pursuant
to any agreement, whether or not in the form of a binding collective bargaining agreement.
Proposed law retains present law and includes an exclusion from the prohibition for an
employer who provides pharmacy benefits through the use of a specialty pharmacy. Defines
specialty pharmacy as licensed pharmacy that dispenses biotechnology drugs or other high
cost and unique drug products that may require special ordering, handling, and/or customer
service.
Effective August 15, 2010.
(Amends R.S.22:1011(B))