House
File
2508
-
Introduced
HOUSE
FILE
2508
BY
JAMES
A
BILL
FOR
An
Act
relating
to
the
refilling
and
dispensing
of
a
1
prescription
in
emergency
situations,
including
associated
2
insurance
coverage.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5662YH
(1)
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pf/rh
H.F.
2508
Section
1.
Section
155A.29,
subsection
3,
Code
2022,
is
1
amended
to
read
as
follows:
2
3.
a.
Prescriptions
may
be
refilled
once
pursuant
to
3
subsection
2
for
a
period
of
time
reasonably
necessary
for
the
4
pharmacist
to
secure
prescriber
authorization.
5
b.
Notwithstanding
paragraph
“a”
,
a
prescription
may
be
6
refilled
pursuant
to
subsection
2
once
in
a
twelve-month
7
period,
and
the
pharmacist
may
dispense
an
amount
not
to
exceed
8
a
thirty-day
supply,
or
if
the
standard
unit
of
dispensing
9
exceeds
a
thirty-day
supply
or
is
unit
dosed,
an
amount
not
to
10
exceed
the
standard
supply
or
unit
of
dispensing.
11
Sec.
2.
NEW
SECTION
.
514C.18A
Prescription
emergency
12
refills
——
coverage.
13
1.
As
used
in
this
section,
unless
the
context
otherwise
14
requires:
15
a.
“Cost-sharing”
means
any
coverage
limit,
copayment,
16
coinsurance,
deductible,
or
other
out-of-pocket
expense
17
obligation
imposed
on
a
covered
person
by
a
policy,
contract,
18
or
plan
providing
for
third-party
payment
or
prepayment
of
19
health
or
medical
expenses.
20
b.
“Covered
person”
means
a
policyholder,
subscriber,
or
21
other
person
participating
in
a
policy,
contract,
or
plan
that
22
provides
for
third-party
payment
or
prepayment
of
health
or
23
medical
expenses.
24
2.
a.
Notwithstanding
the
uniformity
of
treatment
25
requirements
of
section
514C.6,
a
policy,
contract,
or
plan
26
providing
for
third-party
payment
or
prepayment
of
health
27
or
medical
expenses
that
provides
coverage
for
prescription
28
drugs
shall
provide
coverage
for
a
prescription
refilled
and
29
dispensed
pursuant
to
section
155A.29,
subsection
3,
paragraph
30
“b”
.
31
b.
Notwithstanding
any
cost-sharing
obligation
imposed
under
32
a
policy,
contract,
or
plan
providing
for
third-party
payment
33
or
prepayment
of
health
or
medical
expenses
to
the
contrary,
34
any
cost-sharing
imposed
on
a
covered
person
for
a
prescription
35
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2508
refilled
and
dispensed
pursuant
to
section
155A.29,
subsection
1
3,
paragraph
“b”
,
shall
not
exceed
the
cost-sharing
imposed
2
on
the
refilling
and
dispensing
of
the
same
prescription
with
3
prescriber
authorization.
4
3.
a.
This
section
applies
to
the
following
classes
of
5
third-party
payment
provider
contracts,
policies,
or
plans
6
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
7
state
on
or
after
January
1,
2023:
8
(1)
Individual
or
group
accident
and
sickness
insurance
9
providing
coverage
on
an
expense-incurred
basis.
10
(2)
An
individual
or
group
hospital
or
medical
service
11
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
12
(3)
An
individual
or
group
health
maintenance
organization
13
contract
regulated
under
chapter
514B.
14
(4)
Any
other
entity
engaged
in
the
business
of
insurance,
15
risk
transfer,
or
risk
retention,
which
is
subject
to
the
16
jurisdiction
of
the
commissioner.
17
(5)
A
plan
established
pursuant
to
chapter
509A
for
public
18
employees.
19
b.
This
section
shall
not
apply
to
accident-only,
20
specified
disease,
short-term
hospital
or
medical,
hospital
21
confinement
indemnity,
credit,
dental,
vision,
Medicare
22
supplement,
long-term
care,
basic
hospital
and
medical-surgical
23
expense
coverage
as
defined
by
the
commissioner,
disability
24
income
insurance
coverage,
coverage
issued
as
a
supplement
25
to
liability
insurance,
workers’
compensation
or
similar
26
insurance,
or
automobile
medical
payment
insurance.
27
4.
The
commissioner
of
insurance
may
adopt
rules
pursuant
to
28
chapter
17A
to
administer
this
section.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
emergency
refilling
and
dispensing
33
of
a
prescription,
including
associated
insurance
coverage.
34
The
bill
provides
that
in
addition
to
existing
provisions
35
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3
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2508
relating
to
the
refilling
of
a
prescription
without
prescriber
1
authorization,
a
pharmacist
may
exercise
professional
judgment
2
and
refill
a
prescription
once
in
a
12-month
period
and
may
3
dispense
an
amount
not
to
exceed
a
30-day
supply,
or
if
the
4
standard
amount
of
dispensing
exceeds
a
30-day
supply
or
is
5
unit
dosed,
an
amount
not
to
exceed
the
standard
supply
or
6
limit
of
dispensing.
7
The
bill
also
provides
that
notwithstanding
the
uniformity
8
of
treatment
requirements,
a
policy,
contract,
or
plan
9
providing
for
third-party
payment
or
prepayment
of
health
10
or
medical
expenses
that
provides
coverage
for
prescription
11
drugs
shall
provide
coverage
for
a
prescription
refilled
12
and
dispensed
as
provided
in
the
bill.
Additionally,
13
notwithstanding
any
cost-sharing
obligation
imposed
under
a
14
policy,
contract,
or
plan
to
the
contrary,
any
cost-sharing
15
imposed
on
a
covered
person
for
the
prescription
refilled
16
and
dispensed
as
provided
in
the
bill
shall
not
exceed
the
17
cost-sharing
imposed
on
the
refilling
of
the
same
prescription
18
with
prescriber
authorization.
19
The
bill
provides
definitions
of
“cost-sharing”
and
“covered
20
person”
for
the
purposes
of
this
portion
of
the
bill.
21
This
portion
of
the
bill
applies
to
third-party
payment
22
provider
contracts,
policies,
or
plans
delivered,
issued
for
23
delivery,
continued,
or
renewed
in
the
state
on
or
after
24
January
1,
2023,
including
those
provider
contracts,
policies,
25
or
plans
specified
in
the
bill.
The
bill
also
specifies
26
the
types
of
insurance
to
which
the
requirements
of
the
bill
27
are
not
applicable.
The
commissioner
of
insurance
may
adopt
28
administrative
rules
to
administer
this
portion
of
the
bill.
29
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LSB
5662YH
(1)
89
pf/rh
3/
3