Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0575 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
15-RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES
15+RELATING TO INSURANCE -- PRESCRIPTION DRUG BENEFITS
1616 Introduced By: Senators Lauria, Miller, Ujifusa, Bell, Murray, Euer, Kallman, Lawson,
1717 DiMario, and Valverde
1818 Date Introduced: March 07, 2023
1919 Referred To: Senate Health & Human Services
2020
2121
2222 It is enacted by the General Assembly as follows:
23-SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness Insurance 1
24-Policies" is hereby amended by adding thereto the following section: 2
25-27-18-91. Epinephrine injectors. 3
26-(a) The Rhode Island general assembly recognizes that epinephrine cartridges and injectors 4
27-are life-saving devices which must be administered quickly to be effective. Such administration is 5
28-often done by persons who are not health care professionals, and is done in an emergency situation. 6
29-Accordingly, it is in the best interests of the people of the state to promote the widespread 7
30-availability of epinephrine cartridges and injectors. 8
31-(b) Every individual or group health insurance contract, plan, or policy that provides 9
32-prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state 10
33-on or after January 1, 2025, shall provide coverage for at least one type of epinephrine auto-injectors 11
34-and cartridges. There shall be no copayment required, and no deductible shall need to be met, to 12
35-obtain a two (2) pack of the epinephrine auto-injectors or cartridges covered by the contract, plan, 13
36-or policy, once every twelve (12) month plan year. A deductible may be applied to health plans that 14
37-are paired with federally qualified health savings account pursuant to 26 U.S Code § 223. Nothing 15
38-in this section would prohibit a health plan from implementing this benefit prior to January 1, 2025. 16
39-SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service 17
40-Corporations" is hereby amended by adding thereto the following section: 18
41-27-19-83. Epinephrine injectors. 19
23+SECTION 1. Chapter 27-20.8 of the General Laws entitled "Prescription Drug Benefits" is 1
24+hereby amended by adding thereto the following section: 2
25+27-20.8-5. Co-pay cap for prescription epinephrine auto injectors. 3
26+(a) As used in this section, unless the context otherwise requires, "prescription epinephrine 4
27+auto injectors" or "epi-pens" means a device that delivers the drug epinephrine, that is used when 5
28+a person is experiencing a severe allergic reaction, known as anaphylaxis. 6
29+(b) A health plan that provides coverage for prescription epinephrine auto injectors, 7
30+pursuant to the terms of a health coverage plan the health plan offers, shall cap the total amount 8
31+that a covered person is required to pay for a covered prescription epinephrine auto injector at an 9
32+amount not to exceed thirty-five dollars ($35.00), per thirty (30) day supply of epinephrine auto 10
33+injectors. Coverage for prescription epinephrine auto injectors shall not be subject to any 11
34+deductible. 12
35+(c) Nothing in this section prevents a health plan from reducing a covered person's cost to 13
36+an amount less than the amount specified in subsection (b) of this section. 14
37+(d) The office of the health insurance commissioner may promulgate rules and regulations 15
38+as necessary to implement and administer this section and to align with federal requirements. 16
39+(e) The office of the health insurance commissioner may use any of its enforcement powers 17
40+to obtain a health plan's compliance with this section. 18
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45-(a) The Rhode Island general assembly recognizes that epinephrine cartridges and injectors 1
46-are life-saving devices which must be administered quickly to be effective. Such administration is 2
47-often done by persons who are not health care professionals, and is done in an emergency situation. 3
48-Accordingly, it is in the best interests of the people of the state to promote the widespread 4
49-availability of epinephrine cartridges and injectors. 5
50-(b) Every individual or group health insurance contract, plan, or policy that provides 6
51-prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state 7
52-on or after January 1, 2025, shall provide coverage for at least one type of epinephrine auto-injectors 8
53-and cartridges. There shall be no copayment required, and no deductible shall need to be met, to 9
54-obtain a two (2) pack of the epinephrine auto-injectors or cartridges covered by the contract, plan, 10
55-or policy, once every twelve (12) month plan year. A deductible may be applied to health plans that 11
56-are paired with federally qualified health savings account pursuant to 26 U.S Code § 223. Nothing 12
57-in this section would prohibit a health plan from implementing this benefit prior to January 1, 2025. 13
58-SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service 14
59-Corporations" is hereby amended by adding thereto the following section: 15
60-27-20-79. Epinephrine injectors. 16
61-(a) The Rhode Island general assembly recognizes that epinephrine cartridges and injectors 17
62-are life-saving devices which must be administered quickly to be effective. Such administration is 18
63-often done by persons who are not health care professionals, and is done in an emergency situation. 19
64-Accordingly, it is in the best interests of the people of the state to promote the widespread 20
65-availability of epinephrine cartridges and injectors. 21
66-(b) Every individual or group health insurance contract, plan, or policy that provides 22
67-prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state 23
68-on or after January 1, 2025, shall provide coverage for at least one type of epinephrine auto-injectors 24
69-and cartridges. There shall be no copayment required, and no deductible shall need to be met, to 25
70-obtain a two (2) pack of the epinephrine auto-injectors or cartridges covered by the contract, plan, 26
71-or policy, once every twelve (12) month plan year. A deductible may be applied to health plans that 27
72-are paired with federally qualified health savings account pursuant to 26 U.S Code § 223. Nothing 28
73-in this section would prohibit a health plan from implementing this benefit prior to January 1, 2025. 29
74-SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance 30
75-Organizations" is hereby amended by adding thereto the following section: 31
76-27-41-96. Epinephrine injectors. 32
77-(a) The Rhode Island general assembly recognizes that epinephrine cartridges and injectors 33
78-are life-saving devices which must be administered quickly to be effective. Such administration is 34
79-
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81-LC001879/SUB A - Page 3 of 4
82-often done by persons who are not health care professionals, and is done in an emergency situation. 1
83-Accordingly, it is in the best interests of the people of the state to promote the widespread 2
84-availability of epinephrine cartridges and injectors. 3
85-(b) Every individual or group health insurance contract, plan, or policy that provides 4
86-prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state 5
87-on or after January 1, 2025, shall provide coverage for at least one type of epinephrine auto-injectors 6
88-and cartridges. There shall be no copayment required, and no deductible shall need to be met, to 7
89-obtain a two (2) pack of the epinephrine auto-injectors or cartridges covered by the contract, plan, 8
90-or policy, once every twelve (12) month plan year. A deductible may be applied to health plans that 9
91-are paired with federally qualified health savings account pursuant to 26 U.S Code § 223. Nothing 10
92-in this section would prohibit a health plan from implementing this benefit prior to January 1, 2025. 11
93-SECTION 5. This act shall take effect upon passage. 12
43+LC001879 - Page 2 of 3
44+SECTION 2. This act shall take effect upon passage. 1
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10051 EXPLANATION
10152 BY THE LEGISLATIVE COUNCIL
10253 OF
10354 A N A C T
104-RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES
55+RELATING TO INSURANCE -- PRESCRIPTION DRUG BENEFITS
10556 ***
106-This act would require group health plans and health insurance issuers that provide 1
107-prescription benefits to cover at least one type of prescribed epinephrine auto-injectors and 2
108-cartridges. No copayment or deductible would be required to obtain prescribed epinephrine 3
109-injectors or cartridges. 4
110-This act would take effect upon passage. 5
57+This act would require health plans that provide coverage for prescription epinephrine auto 1
58+injectors (epi-pens) to charge no more than thirty-five dollars ($35.00) for a thirty (30) day supply. 2
59+Coverage for prescription epinephrine auto injectors would not be subject to any deductible. 3
60+This act would take effect upon passage. 4
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