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5 | 5 | | 2025 -- S 0685 |
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6 | 6 | | ======== |
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7 | 7 | | LC001382 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES |
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16 | 16 | | Introduced By: Senators Valverde, Lauria, Murray, Thompson, Kallman, and Appollonio |
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17 | 17 | | Date Introduced: March 07, 2025 |
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18 | 18 | | Referred To: Senate Health & Human Services |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby amended 1 |
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23 | 23 | | by adding thereto the following section: 2 |
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24 | 24 | | 5-19.1-37. Tobacco cessation therapy prescriptive authority. 3 |
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25 | 25 | | (a) A pharmacist who is licensed pursuant to this chapter and who meets the requirements 4 |
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26 | 26 | | of this section may prescribe and dispense FDA-approved tobacco cessation drug therapies to a 5 |
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27 | 27 | | qualified patient pursuant to rules and regulations adopted by the board of pharmacy, subject to the 6 |
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28 | 28 | | approval of the director of health in consultation with the director of behavioral healthcare, 7 |
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29 | 29 | | developmental disabilities and hospitals. 8 |
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30 | 30 | | (b) For the purposes of this section, "qualified patient" means a patient who: 9 |
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31 | 31 | | (1) Is at least eighteen (18) years of age or of minimum age based on the most recent 10 |
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32 | 32 | | guidance provided by the FDA; 11 |
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33 | 33 | | (2) Is willing to participate in a structured tobacco cessation program consisting of an initial 12 |
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34 | 34 | | evaluation and appropriate follow-up visits with the pharmacist prescribing tobacco cessation 13 |
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35 | 35 | | products; and 14 |
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36 | 36 | | (3) Has been educated on symptoms of nicotine toxicity, common and/or severe adverse 15 |
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37 | 37 | | effects of prescribed medication(s), and when to seek medical treatment. 16 |
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38 | 38 | | (c) Prior to prescribing tobacco cessation therapies, the pharmacist shall have completed 17 |
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39 | 39 | | tobacco cessation education approved by the state board of pharmacy. 18 |
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40 | 40 | | (d) The pharmacist shall refer or consult prior to prescribing regarding high-risk patients 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001382 - Page 2 of 6 |
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44 | 44 | | or patients with an identified contraindication to FDA-approved tobacco cessation drug therapies 1 |
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45 | 45 | | to the patient's primary care provider, as applicable, or to another provider, as appropriate. 2 |
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46 | 46 | | (e) All pharmacists participating in prescribing therapy for tobacco cessation shall follow 3 |
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47 | 47 | | the most updated guidelines and standards of care as approved by the board of pharmacy, subject 4 |
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48 | 48 | | to the approval of the director of health in consultation with the director of behavioral healthcare, 5 |
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49 | 49 | | developmental disabilities and hospitals. 6 |
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50 | 50 | | (1) Pharmacists shall implement the most updated clinical practice guidelines to help 7 |
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51 | 51 | | patients quit using all forms of tobacco. 8 |
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52 | 52 | | (2) Pharmacists' services shall include an educational component to include counseling on 9 |
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53 | 53 | | medication therapies and cessation strategies as well as referral to sources provided by the 10 |
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54 | 54 | | department of health. 11 |
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55 | 55 | | (f) Notification of the patient screening, the prescription record and the follow-up care plan 12 |
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56 | 56 | | shall be provided to the patient's primary care provider, as applicable, within five (5) business days 13 |
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57 | 57 | | following the prescribing of a tobacco cessation product. 14 |
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58 | 58 | | (g) The definition of a qualified patient is subject to adaptation pursuant to rules and 15 |
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59 | 59 | | regulations adopted by the board of pharmacy, subject to the approval of the director of health in 16 |
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60 | 60 | | consultation with the director of behavioral healthcare, developmental disabilities and hospitals. 17 |
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61 | 61 | | (h) Tobacco cessation drug therapies shall be covered by Medicaid upon approval of the 18 |
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62 | 62 | | Medicaid section 1115 demonstration waiver to be submitted by the secretary of the executive 19 |
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63 | 63 | | office of health and human services pursuant to chapter 12.4 of title 42. 20 |
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64 | 64 | | SECTION 2. Chapter 27-18 of the General Laws entitled "Accident and Sickness Insurance 21 |
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65 | 65 | | Policies" is hereby amended by adding thereto the following sections: 22 |
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66 | 66 | | 27-18-95. Mandatory coverage for tobacco cessation drug therapies. 23 |
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67 | 67 | | Every group health insurance contract, or medical expense insurance policy, plan or group 24 |
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68 | 68 | | policy delivered, issued for delivery, or renewed in this state, by any health insurance carrier, on or 25 |
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69 | 69 | | after January 1, 2026, shall provide coverage for tobacco cessation drug therapy. 26 |
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70 | 70 | | 27-18-96. Coverage for pharmacists' services. 27 |
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71 | 71 | | (a) Every group health insurance contract, or every group hospital or medical expense 28 |
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72 | 72 | | insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by 29 |
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73 | 73 | | any health insurance carrier, on or after January 1, 2026, shall provide coverage for the services 30 |
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74 | 74 | | within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have 31 |
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75 | 75 | | provided coverage if the service had been performed by a physician, advanced practice nurse, or 32 |
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76 | 76 | | physician assistant. No nonprofit medical service corporation may require supervision, signature, 33 |
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77 | 77 | | or referral by any other healthcare provider as a condition of reimbursement to a pharmacist; 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001382 - Page 3 of 6 |
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81 | 81 | | provided that, no nonprofit medical service corporation may be required to pay for duplicative 1 |
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82 | 82 | | services actually rendered by both a pharmacist and any other healthcare provider. 2 |
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83 | 83 | | (b) The health plan shall include an adequate number of pharmacists in its network of 3 |
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84 | 84 | | participating medical providers. The participation of pharmacies in the plan network's drug benefit 4 |
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85 | 85 | | does not satisfy the requirement that plans include pharmacists in their networks of participating 5 |
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86 | 86 | | medical providers. 6 |
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87 | 87 | | (c) The healthcare benefits outlined in this section shall apply only to services delivered 7 |
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88 | 88 | | within the health insurer's provider network; provided that, all health insurers shall be required to 8 |
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89 | 89 | | provide coverage for those benefits mandated by this section outside of the health insurer's provider 9 |
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90 | 90 | | network where it can be established that the required services are not available from a provider in 10 |
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91 | 91 | | the health insurer's network. 11 |
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92 | 92 | | SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service 12 |
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93 | 93 | | Corporations" is hereby amended by adding thereto the following sections: 13 |
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94 | 94 | | 27-19-87. Mandatory coverage for tobacco cessation drug therapies. 14 |
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95 | 95 | | Every group health insurance contract, or medical expense insurance policy, plan or group 15 |
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96 | 96 | | policy delivered, issued for delivery, or renewed in this state, by any health insurance carrier, on or 16 |
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97 | 97 | | after January 1, 2026, shall provide coverage for tobacco cessation drug therapy. 17 |
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98 | 98 | | 27-19-88. Coverage for pharmacists' services. 18 |
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99 | 99 | | (a) Every group health insurance contract, or every group hospital or medical expense 19 |
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100 | 100 | | insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by 20 |
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101 | 101 | | any health insurance carrier, on or after January 1, 2026, shall provide coverage for the services 21 |
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102 | 102 | | within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have 22 |
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103 | 103 | | provided coverage if the service had been performed by a physician, advanced practice nurse, or 23 |
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104 | 104 | | physician assistant. No nonprofit medical service corporation may require supervision, signature, 24 |
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105 | 105 | | or referral by any other healthcare provider as a condition of reimbursement to a pharmacist; 25 |
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106 | 106 | | provided that, no nonprofit medical service corporation may be required to pay for duplicative 26 |
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107 | 107 | | services actually rendered by both a pharmacist and any other healthcare provider. 27 |
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108 | 108 | | (b) The health plan shall include an adequate number of pharmacists in its network of 28 |
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109 | 109 | | participating medical providers. The participation of pharmacies in the plan network's drug benefit 29 |
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110 | 110 | | does not satisfy the requirement that plans include pharmacists in their networks of participating 30 |
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111 | 111 | | medical providers. 31 |
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112 | 112 | | (c) The healthcare benefits outlined in this section shall apply only to services delivered 32 |
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113 | 113 | | within the health insurer's provider network; provided that, all health insurers shall be required to 33 |
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114 | 114 | | provide coverage for those benefits mandated by this section outside of the health insurer's provider 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001382 - Page 4 of 6 |
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118 | 118 | | network where it can be established that the required services are not available from a provider in 1 |
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119 | 119 | | the health insurer's network. 2 |
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120 | 120 | | SECTION 4. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service 3 |
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121 | 121 | | Corporations" is hereby amended by adding thereto the following sections: 4 |
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122 | 122 | | 27-20-83. Mandatory coverage for tobacco cessation drug therapies. 5 |
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123 | 123 | | Every group health insurance contract, or medical expense insurance policy, plan or group 6 |
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124 | 124 | | policy delivered, issued for delivery, or renewed in this state, by any health insurance carrier, on or 7 |
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125 | 125 | | after January 1, 2026, shall provide coverage for tobacco cessation drug therapy. 8 |
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126 | 126 | | 27-20-84. Coverage for pharmacists' services. 9 |
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127 | 127 | | (a) Every group health insurance contract, or every group hospital or medical expense 10 |
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128 | 128 | | insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by 11 |
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129 | 129 | | any health insurance carrier, on or after January 1, 2026, shall provide coverage for the services 12 |
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130 | 130 | | within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have 13 |
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131 | 131 | | provided coverage if the service had been performed by a physician, advanced practice nurse, or 14 |
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132 | 132 | | physician assistant. No nonprofit medical service corporation may require supervision, signature, 15 |
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133 | 133 | | or referral by any other healthcare provider as a condition of reimbursement to a pharmacist; 16 |
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134 | 134 | | provided that, no nonprofit medical service corporation may be required to pay for duplicative 17 |
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135 | 135 | | services actually rendered by both a pharmacist and any other healthcare provider. 18 |
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136 | 136 | | (b) The health plan shall include an adequate number of pharmacists in its network of 19 |
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137 | 137 | | participating medical providers. The participation of pharmacies in the plan network's drug benefit 20 |
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138 | 138 | | does not satisfy the requirement that plans include pharmacists in their networks of participating 21 |
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139 | 139 | | medical providers. 22 |
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140 | 140 | | (c) The healthcare benefits outlined in this section shall apply only to services delivered 23 |
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141 | 141 | | within the health insurer's provider network; provided that, all health insurers shall be required to 24 |
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142 | 142 | | provide coverage for those benefits mandated by this section outside of the health insurer's provider 25 |
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143 | 143 | | network where it can be established that the required services are not available from a provider in 26 |
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144 | 144 | | the health insurer's network. 27 |
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145 | 145 | | SECTION 5. Chapter 27-41 of the General Laws entitled "Health Maintenance 28 |
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146 | 146 | | Organizations" is hereby amended by adding thereto the following sections: 29 |
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147 | 147 | | 27-41-100. Mandatory coverage for tobacco cessation drug therapies. 30 |
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148 | 148 | | Every group health insurance contract, or medical expense insurance policy, plan or group 31 |
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149 | 149 | | policy delivered, issued for delivery, or renewed in this state, by any health insurance carrier, on or 32 |
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150 | 150 | | after January 1, 2026, shall provide coverage for tobacco cessation drug therapy. 33 |
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151 | 151 | | 27-41-101. Coverage for pharmacists' services. 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC001382 - Page 5 of 6 |
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155 | 155 | | (a) Every group health insurance contract, or every group hospital or medical expense 1 |
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156 | 156 | | insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by 2 |
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157 | 157 | | any health insurance carrier, on or after January 1, 2026, shall provide coverage for the services 3 |
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158 | 158 | | within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have 4 |
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159 | 159 | | provided coverage if the service had been performed by a physician, advanced practice nurse, or 5 |
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160 | 160 | | physician assistant. No nonprofit medical service corporation may require supervision, signature, 6 |
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161 | 161 | | or referral by any other healthcare provider as a condition of reimbursement to a pharmacist; 7 |
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162 | 162 | | provided that, no nonprofit medical service corporation may be required to pay for duplicative 8 |
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163 | 163 | | services actually rendered by both a pharmacist and any other healthcare provider. 9 |
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164 | 164 | | (b) The health plan shall include an adequate number of pharmacists in its network of 10 |
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165 | 165 | | participating medical providers. The participation of pharmacies in the plan network's drug benefit 11 |
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166 | 166 | | does not satisfy the requirement that plans include pharmacists in their networks of participating 12 |
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167 | 167 | | medical providers. 13 |
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168 | 168 | | (c) The healthcare benefits outlined in this section shall apply only to services delivered 14 |
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169 | 169 | | within the health insurer's provider network; provided that, all health insurers shall be required to 15 |
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170 | 170 | | provide coverage for those benefits mandated by this section outside of the health insurer's provider 16 |
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171 | 171 | | network where it can be established that the required services are not available from a provider in 17 |
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172 | 172 | | the health insurer's network. 18 |
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173 | 173 | | SECTION 6. This act shall take effect upon passage. 19 |
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174 | 174 | | ======== |
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175 | 175 | | LC001382 |
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177 | 177 | | |
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178 | 178 | | |
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179 | 179 | | LC001382 - Page 6 of 6 |
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180 | 180 | | EXPLANATION |
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181 | 181 | | BY THE LEGISLATIVE COUNCIL |
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182 | 182 | | OF |
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183 | 183 | | A N A C T |
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184 | 184 | | RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES |
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185 | 185 | | *** |
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186 | 186 | | This act would add new sections which set forth conditions for pharmacists to prescribe 1 |
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187 | 187 | | tobacco cessation drug therapies, including education approved by the state board of pharmacy. 2 |
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188 | 188 | | The cessation therapies would be covered by all health insurance carriers on or after January 1, 3 |
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189 | 189 | | 2026. 4 |
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190 | 190 | | This act would take effect upon passage. 5 |
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191 | 191 | | ======== |
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192 | 192 | | LC001382 |
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