Senate
File
2216
-
Introduced
SENATE
FILE
2216
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
insurance
coverage
for
diagnostic
breast
1
cancer
examinations
and
prescription
drugs
used
in
the
2
treatment
of
stage
IV
cancer,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
514C.4A
Diagnostic
examinations
1
——
breast
cancer.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Abnormality”
means
an
abnormal
feature,
characteristic,
5
or
occurrence
in
a
covered
person’s
breast
that
meets
any
of
6
the
following
requirements:
7
(1)
The
abnormality
is
identified
as
a
result
of
a
covered
8
person’s
screening
mammogram.
9
(2)
The
abnormality
is
identified
during
the
provision
10
of
health
care
services
to
a
covered
person
by
a
health
care
11
professional.
12
(3)
A
health
care
professional
determines
an
abnormality
13
exists
based
on
a
covered
person’s
medical
history
or
the
14
covered
person’s
family
medical
history.
15
b.
“Breast
magnetic
resonance
imaging”
or
“breast
MRI”
means
16
an
examination
of
a
breast
using
a
powerful
magnetic
field,
17
radio
waves,
and
a
computer
to
produce
detailed
pictures
of
the
18
structures
within
the
breast.
19
c.
“Breast
ultrasound”
means
an
examination
of
a
breast
20
using
sound
waves
to
produce
pictures
of
the
internal
21
structures
of
the
breast.
22
d.
“Cost-sharing”
means
any
coverage
limit,
copayment,
23
coinsurance,
deductible,
or
other
out-of-pocket
expense
24
obligation
imposed
on
a
covered
person
by
a
policy,
contract,
25
or
plan
providing
for
third-party
payment
or
prepayment
of
26
health
or
medical
expenses.
27
e.
“Covered
person”
means
a
policyholder,
subscriber,
or
28
other
person
participating
in
a
policy,
contract,
or
plan
that
29
provides
for
third-party
payment
or
prepayment
of
health
or
30
medical
expenses.
31
f.
“Diagnostic
breast
cancer
examination”
means
an
32
examination
of
an
abnormality,
deemed
medically
necessary
by
a
33
covered
person’s
health
care
professional,
for
the
detection
34
of
breast
cancer.
The
examination
may
be
conducted
using
a
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diagnostic
mammogram,
breast
magnetic
resonance
imaging,
or
a
1
breast
ultrasound.
2
g.
“Diagnostic
mammogram”
means
a
detailed
examination
of
a
3
breast
abnormality
using
X
ray.
4
h.
“Health
care
professional”
means
the
same
as
defined
in
5
section
514J.102.
6
i.
“Health
care
services”
means
services
for
the
diagnosis,
7
prevention,
treatment,
cure,
or
relief
of
a
health
condition,
8
illness,
injury,
or
disease.
9
j.
“Screening
mammogram”
means
an
examination
of
a
breast
10
using
a
low-dose
x-ray
system
to
see
inside
the
breast,
and
11
that
aids
in
the
early
detection
and
diagnosis
of
breast
12
cancer.
13
2.
Notwithstanding
the
uniformity
of
treatment
requirements
14
of
section
514C.6,
a
policy,
contract,
or
plan
providing
15
for
third-party
payment
or
prepayment
of
health
or
medical
16
expenses
shall
provide
coverage
for
diagnostic
breast
cancer
17
examinations.
The
policy,
contract,
or
plan
shall
not
require
18
cost-sharing
greater
than
the
cost-sharing
that
the
policy,
19
contract,
or
plan
requires
for
a
screening
mammogram.
20
3.
a.
This
section
shall
apply
to
the
following
classes
of
21
third-party
payment
provider
contracts,
policies,
or
plans:
22
(1)
Individual
or
group
accident
and
sickness
insurance
23
providing
coverage
on
an
expense-incurred
basis.
24
(2)
An
individual
or
group
hospital
or
medical
service
25
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
26
(3)
An
individual
or
group
health
maintenance
organization
27
contract
regulated
under
chapter
514B.
28
(4)
A
plan
established
for
public
employees
pursuant
to
29
chapter
509A.
30
b.
This
section
shall
not
apply
to
accident-only,
specified
31
disease,
short-term
hospital
or
medical,
hospital
confinement
32
indemnity,
credit,
dental,
vision,
Medicare
supplement,
33
long-term
care,
basic
hospital
and
medical-surgical
expense
34
coverage
as
defined
by
the
commissioner
of
insurance,
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disability
income
insurance
coverage,
coverage
issued
as
a
1
supplement
to
liability
insurance,
workers’
compensation
or
2
similar
insurance,
or
automobile
medical
payment
insurance.
3
4.
The
commissioner
of
insurance
shall
adopt
rules
pursuant
4
to
chapter
17A
to
administer
this
section.
5
Sec.
2.
NEW
SECTION
.
514C.24A
Prescription
drugs
——
stage
6
IV
cancer.
7
1.
As
used
in
this
section,
unless
the
context
otherwise
8
requires:
9
a.
“Associated
conditions”
means
symptoms
or
side
effects
10
associated
with
stage
IV
cancer,
or
with
the
health
care
11
services
for
stage
IV
cancer
provided
by
a
covered
person’s
12
health
care
professional,
that
in
the
opinion
of
the
health
13
care
professional
further
jeopardize
the
covered
person’s
14
health
if
left
untreated.
15
b.
“Covered
person”
means
a
policyholder,
subscriber,
or
16
other
person
participating
in
a
policy,
contract,
or
plan
that
17
provides
for
third-party
payment
or
prepayment
of
health
or
18
medical
expenses
that
provides
coverage
for
prescription
drugs.
19
c.
“Health
care
professional”
means
the
same
as
defined
in
20
section
514J.102.
21
d.
“Health
care
services”
means
services
for
the
diagnosis,
22
prevention,
treatment,
cure,
or
relief
of
a
health
condition,
23
illness,
injury,
or
disease.
24
e.
“Prescription
cancer
drug”
means
a
prescription
drug
that
25
is
used
for
the
treatment
of
stage
IV
cancer.
26
f.
“Prescription
drug”
means
a
prescription
drug
that
has
27
been
prescribed
as
medically
necessary
by
a
covered
person’s
28
health
care
professional.
29
g.
“Stage
IV
cancer”
means
cancer
that
has
spread
from
the
30
primary
or
original
site
of
the
cancer
to
other
parts
of
the
31
body.
Stage
IV
cancer
may
also
be
referred
to
as
advanced
32
cancer
or
metastatic
cancer.
33
h.
“Step
therapy
protocol”
means
the
same
as
defined
in
34
section
514F.7.
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2.
a.
Notwithstanding
the
uniformity
of
treatment
1
requirements
of
section
514C.6,
a
policy,
contract,
or
plan
2
providing
for
third-party
payment
or
prepayment
of
health
or
3
medical
expenses
that
provides
coverage
for
prescription
drugs
4
shall
provide
coverage
for
prescription
cancer
drugs.
5
b.
Notwithstanding
section
514F.7,
the
policy,
contract,
or
6
plan
shall
provide
coverage,
without
imposing
a
step
therapy
7
protocol,
for
a
prescription
cancer
drug
that
meets
all
of
the
8
following
requirements:
9
(1)
The
use
of
the
prescription
cancer
drug
is
in
accordance
10
with
the
medical
standards
of
care
for
stage
IV
cancer.
11
(2)
The
use
of
the
prescription
cancer
drug
for
stage
12
IV
cancer
is
supported
by
peer-reviewed,
evidence-based
13
literature.
14
(3)
The
prescription
cancer
drug
has
been
approved
by
the
15
United
States
food
and
drug
administration.
16
3.
a.
This
section
shall
apply
to
the
following
classes
of
17
third-party
payment
provider
contracts,
policies,
or
plans:
18
(1)
Individual
or
group
accident
and
sickness
insurance
19
providing
coverage
on
an
expense-incurred
basis.
20
(2)
An
individual
or
group
hospital
or
medical
service
21
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
22
(3)
An
individual
or
group
health
maintenance
organization
23
contract
regulated
under
chapter
514B.
24
(4)
A
plan
established
for
public
employees
pursuant
to
25
chapter
509A.
26
b.
This
section
shall
not
apply
to
accident-only,
specified
27
disease,
short-term
hospital
or
medical,
hospital
confinement
28
indemnity,
credit,
dental,
vision,
Medicare
supplement,
29
long-term
care,
basic
hospital
and
medical-surgical
expense
30
coverage
as
defined
by
the
commissioner
of
insurance,
31
disability
income
insurance
coverage,
coverage
issued
as
a
32
supplement
to
liability
insurance,
workers’
compensation
or
33
similar
insurance,
or
automobile
medical
payment
insurance.
34
4.
The
commissioner
of
insurance
shall
adopt
rules
pursuant
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to
chapter
17A
to
administer
this
section.
1
Sec.
3.
APPLICABILITY.
This
Act
applies
to
third-party
2
payment
provider
contracts,
policies,
or
plans
delivered,
3
issued
for
delivery,
continued,
or
renewed
in
this
state
on
or
4
after
January
1,
2021.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
insurance
coverage
for
diagnostic
9
breast
cancer
examinations
and
prescription
drugs
used
in
the
10
treatment
of
stage
IV
cancer.
11
The
bill
requires
a
policy,
contract,
or
plan
providing
for
12
third-party
payment
or
prepayment
of
health
or
medical
expenses
13
to
provide
coverage
for
diagnostic
breast
cancer
examinations.
14
“Diagnostic
breast
cancer
examination”
is
defined
in
the
bill
15
as
an
examination
of
an
abnormality,
deemed
medically
necessary
16
by
a
covered
person’s
health
care
professional,
for
the
17
detection
of
breast
cancer.
The
examination
may
be
conducted
18
using
a
diagnostic
mammogram,
breast
magnetic
resonance
19
imaging,
or
breast
ultrasound.
“Abnormality”,
“diagnostic
20
mammogram”,
“breast
magnetic
resonance
imaging”,
and
“breast
21
ultrasound”
are
also
defined
in
the
bill.
22
The
policy,
contract,
or
plan
cannot
require
cost-sharing
23
greater
than
the
cost-sharing
that
the
policy,
contract,
or
24
plan
requires
for
a
screening
mammogram.
“Cost-sharing”
and
25
“screening
mammogram”
are
defined
in
the
bill.
26
The
bill
also
requires
policies,
contracts,
or
plans
27
providing
for
third-party
payment
or
prepayment
of
health
28
or
medical
expenses
that
provide
coverage
for
prescription
29
drugs
to
provide
coverage
for
prescription
cancer
drugs.
30
“Prescription
cancer
drug”
is
defined
in
the
bill
as
a
31
prescription
drug
that
is
used
to
treat
stage
IV
cancer.
32
“Stage
IV
cancer”
is
also
defined
in
the
bill.
33
The
policy,
contract,
or
plan
is
required
to
provide
34
coverage,
without
imposing
a
step
therapy
protocol,
for
a
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prescription
cancer
drug
that
has
been
approved
by
the
United
1
States
food
and
drug
administration,
the
use
of
which
is
2
in
accordance
with
medical
standards
of
care
for
stage
IV
3
cancer,
and
the
use
of
which
is
supported
by
peer-reviewed,
4
evidence-based
literature.
“Step
therapy
protocol”
is
defined
5
in
the
bill
as
a
protocol
or
program
that
establishes
a
6
specific
sequence
in
which
prescription
drugs
for
a
specified
7
medical
condition
and
medically
appropriate
for
a
particular
8
covered
person
are
covered
under
a
pharmacy
or
medical
benefit
9
by
a
health
carrier,
a
health
benefit
plan,
or
a
utilization
10
review
organization,
including
self-administered
drugs
and
11
drugs
administered
by
a
health
care
professional.
12
The
bill
applies
to
third-party
payment
providers
enumerated
13
in
the
bill.
The
bill
specifies
the
types
of
specialized
14
health-related
insurance
which
are
not
subject
to
the
coverage
15
requirements
of
the
bill.
16
The
commissioner
of
insurance
is
required
to
adopt
rules
to
17
administer
the
requirements
of
the
bill.
18
The
bill
applies
to
third-party
payment
provider
contracts,
19
policies,
or
plans
delivered,
issued
for
delivery,
continued,
20
or
renewed
in
this
state
on
or
after
January
1,
2021.
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