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Senate File 2126

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2126
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO THIRD-PARTY PAYMENT OF HEALTH CARE COVERAGE
  1  5    COSTS FOR PRESCRIPTION CONTRACEPTIVE DRUGS, DEVICES,
  1  6    AND SERVICES.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  NEW SECTION.  514C.19  PRESCRIPTION
  1 11 CONTRACEPTIVE COVERAGE.
  1 12    1.  Notwithstanding the uniformity of treatment
  1 13 requirements of section 514C.6, a group policy or contract
  1 14 providing for third-party payment or prepayment of health or
  1 15 medical expenses shall not do either of the following:
  1 16    a.  Exclude or restrict benefits for prescription
  1 17 contraceptive drugs or prescription contraceptive devices
  1 18 which prevent conception and which are approved by the United
  1 19 States food and drug administration, or generic equivalents
  1 20 approved as substitutable by the United States food and drug
  1 21 administration, if such policy or contract provides benefits
  1 22 for other outpatient prescription drugs or devices.
  1 23    b.  Exclude or restrict benefits for outpatient
  1 24 contraceptive services which are provided for the purpose of
  1 25 preventing conception if such policy or contract provides
  1 26 benefits for other outpatient services provided by a health
  1 27 care professional.
  1 28    2.  A person who provides a group policy or contract
  1 29 providing for third-party payment or prepayment of health or
  1 30 medical expenses which is subject to subsection 1 shall not do
  1 31 any of the following:
  1 32    a.  Deny to an individual eligibility, or continued
  1 33 eligibility, to enroll in or to renew coverage under the terms
  1 34 of the policy or contract because of the individual's use or
  1 35 potential use of such prescription contraceptive drugs or
  2  1 devices, or use or potential use of outpatient contraceptive
  2  2 services.
  2  3    b.  Provide a monetary payment or rebate to a covered
  2  4 individual to encourage such individual to accept less than
  2  5 the minimum benefits provided for under subsection 1.
  2  6    c.  Penalize or otherwise reduce or limit the reimbursement
  2  7 of a health care professional because such professional
  2  8 prescribes contraceptive drugs or devices, or provides
  2  9 contraceptive services.
  2 10    d.  Provide incentives, monetary or otherwise, to a health
  2 11 care professional to induce such professional to withhold from
  2 12 a covered individual contraceptive drugs or devices, or
  2 13 contraceptive services.
  2 14    3.  This section shall not be construed to prevent a third-
  2 15 party payor from including deductibles, coinsurance, or
  2 16 copayments under the policy or contract, as follows:
  2 17    a.  A deductible, coinsurance, or copayment for benefits
  2 18 for prescription contraceptive drugs shall not be greater than
  2 19 such deductible, coinsurance, or copayment for any outpatient
  2 20 prescription drug for which coverage under the policy or
  2 21 contract is provided.
  2 22    b.  A deductible, coinsurance, or copayment for benefits
  2 23 for prescription contraceptive devices shall not be greater
  2 24 than such deductible, coinsurance, or copayment for any
  2 25 outpatient prescription device for which coverage under the
  2 26 policy or contract is provided.
  2 27    c.  A deductible, coinsurance, or copayment for benefits
  2 28 for outpatient contraceptive services shall not be greater
  2 29 than such deductible, coinsurance, or copayment for any
  2 30 outpatient health care services for which coverage under the
  2 31 policy or contract is provided.
  2 32    4.  This section shall not be construed to require a third-
  2 33 party payor under a policy or contract to provide benefits for
  2 34 experimental or investigational contraceptive drugs or
  2 35 devices, or experimental or investigational contraceptive
  3  1 services, except to the extent that such policy or contract
  3  2 provides coverage for other experimental or investigational
  3  3 outpatient prescription drugs or devices, or experimental or
  3  4 investigational outpatient health care services.
  3  5    5.  This section shall not be construed to limit or
  3  6 otherwise discourage the use of generic equivalent drugs
  3  7 approved by the United States food and drug administration,
  3  8 whenever available and appropriate.  This section, when a
  3  9 brand name drug is requested by a covered individual and a
  3 10 suitable generic equivalent is available and appropriate,
  3 11 shall not be construed to prohibit a third-party payor from
  3 12 requiring the covered individual to pay a deductible,
  3 13 coinsurance, or copayment consistent with subsection 3, in
  3 14 addition to the difference of the cost of the brand name drug
  3 15 less the maximum covered amount for a generic equivalent.
  3 16    6.  A person who provides an individual policy or contract
  3 17 providing for third-party payment or prepayment of health or
  3 18 medical expenses shall make available a coverage provision
  3 19 that satisfies the requirements in subsections 1 through 5 in
  3 20 the same manner as such requirements are applicable to a group
  3 21 policy or contract under those subsections.  The policy or
  3 22 contract shall provide that the individual policyholder may
  3 23 reject the coverage provision at the option of the
  3 24 policyholder.
  3 25    7.  a.  This section applies to the following classes of
  3 26 third-party payment provider contracts or policies delivered,
  3 27 issued for delivery, continued, or renewed in this state on or
  3 28 after July 1, 2000:
  3 29    (1)  Individual or group accident and sickness insurance
  3 30 providing coverage on an expense-incurred basis.
  3 31    (2)  An individual or group hospital or medical service
  3 32 contract issued pursuant to chapter 509, 514, or 514A.
  3 33    (3)  An individual or group health maintenance organization
  3 34 contract regulated under chapter 514B.
  3 35    (4)  Any other entity engaged in the business of insurance,
  4  1 risk transfer, or risk retention, which is subject to the
  4  2 jurisdiction of the commissioner.
  4  3    (5)  A plan established pursuant to chapter 509A for public
  4  4 employees.
  4  5    (6)  An organized delivery system licensed by the director
  4  6 of public health.
  4  7    b.  This section shall not apply to accident only,
  4  8 specified disease, short-term hospital or medical, hospital
  4  9 confinement indemnity, credit, dental, vision, Medicare
  4 10 supplement, long-term care, basic hospital and medical-
  4 11 surgical expense coverage as defined by the commissioner,
  4 12 disability income insurance coverage, coverage issued as a
  4 13 supplement to liability insurance, workers' compensation or
  4 14 similar insurance, or automobile medical payment insurance.  
  4 15 
  4 16 
  4 17                                                             
  4 18                               MARY E. KRAMER
  4 19                               President of the Senate
  4 20 
  4 21 
  4 22                                                             
  4 23                               BRENT SIEGRIST
  4 24                               Speaker of the House
  4 25 
  4 26    I hereby certify that this bill originated in the Senate and
  4 27 is known as Senate File 2126, Seventy-eighth General Assembly.
  4 28 
  4 29 
  4 30                                                             
  4 31                               MICHAEL E. MARSHALL
  4 32                               Secretary of the Senate
  4 33 Approved                , 2000
  4 34 
  4 35 
  5  1                                
  5  2 THOMAS J. VILSACK
  5  3 Governor
     

Text: SF02125                           Text: SF02127
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