Bill Text: HI SB2130 | 2012 | Regular Session | Introduced


Bill Title: Insurance; Prescription Drugs; Mail Order Prescriptions; Pharmacies; EUTF

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-01-20 - (S) Referred to JDL, CPN. [SB2130 Detail]

Download: Hawaii-2012-SB2130-Introduced.html

THE SENATE

S.B. NO.

2130

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to PRESCRIPTIONs.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§87A-    Prescription drugs; opt out option.  (a)  Individual beneficiaries enrolled in a Hawaii employer-union health benefits trust fund health benefits plan may opt out of a plan requirement to purchase prescriptions by mail order; provided that prescriptions may instead be purchased for the same price at a participating retail pharmacy.

     (b)  Individual beneficiaries who elect to purchase prescription drugs from a participating retail pharmacy shall not be charged an additional copayment, fee, or other condition, unless the additional copayment, fee, or condition is also imposed on individual beneficiaries who elect to purchase prescription drugs from a designated mail order pharmacy."

     SECTION 2.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A, part I, to be appropriately designated and to read as follows:

     "§431:10A-    Prescription drug coverage; mail order options.  (a)  An insurer that provides individual or group accident or health or sickness insurance with prescription drug coverage shall allow plan participants the option to fill a mail order covered prescription at a mail order pharmacy or a network participating retail pharmacy; provided that the network participating retail pharmacy accepts a price for the prescription that is equal to the mail order pharmacy.

     (b)  An insurer that provides individual or group accident or health or sickness insurance with prescription drug coverage shall not impose an additional copayment, fee, or other condition on a participant who elects to purchase prescription drugs from a network participating retail pharmacy, unless the additional copayment, fee, or condition is also imposed on participants who elect to purchase prescription drugs from a designated mail order pharmacy.

     (c)  This section shall not be construed to supersede the terms of a collective bargaining agreement between an employer and a certified employee organization."

     SECTION 3.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A, part II, to be appropriately designated and to read as follows:

     "§431:10A-    Prescription drug coverage; mail order options.  (a)  An insurer that provides group and blanket disability insurance with prescription drug coverage shall allow plan participants the option to fill a mail order covered prescription at a mail order pharmacy or a network participating retail pharmacy; provided that the network participating retail pharmacy accepts a price for the prescription that is equal to the mail order pharmacy.

     (b)  An insurer that provides group and blanket disability insurance with prescription drug coverage shall not impose an additional copayment, fee, or other condition on a participant who elects to purchase prescription drugs from a network participating retail pharmacy, unless the additional copayment, fee, or condition is also imposed on participants who elect to purchase prescription drugs from a designated mail order pharmacy.

     (c)  This section shall not be construed to supersede the terms of a collective bargaining agreement between an employer and a certified employee organization."

     SECTION 4.  Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article 1 to be appropriately designated and to read as follows:

     "§432:1-    Prescription drug coverage; mail order options.  (a)  A mutual benefit society that provides prescription drug coverage shall allow members the option to fill a mail order covered prescription at a mail order pharmacy or a network participating retail pharmacy; provided that the network participating retail pharmacy accepts a price for the prescription that is equal to the mail order pharmacy.

     (b)  A mutual benefit society that provides prescription drug coverage shall not impose an additional copayment, fee, or other condition on a member who elects to purchase prescription drugs from a network participating retail pharmacy, unless the additional copayment, fee, or condition is also imposed on members who elect to purchase prescription drugs from a designated mail order pharmacy.

     (c)  This section shall not be construed to supersede the terms of a collective bargaining agreement between an employer and a certified employee organization."

     SECTION 5.  Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article 2 to be appropriately designated and to read as follows:

     "§432:2-    Prescription drug coverage; mail order options.  (a)  A fraternal benefit society that provides prescription drug coverage shall allow members the option to fill a mail order covered prescription at a mail order pharmacy or a network participating retail pharmacy; provided that the network participating retail pharmacy accepts a price for the prescription that is equal to the mail order pharmacy.

     (b)  A fraternal benefit society that provides prescription drug coverage shall not impose an additional copayment, fee, or other condition on a member who elects to purchase prescription drugs from a network participating retail pharmacy, unless the additional copayment, fee, or condition is also imposed on members who elect to purchase prescription drugs from a designated mail order pharmacy.

     (c)  This section shall not be construed to supersede the terms of a collective bargaining agreement between an employer and a certified employee organization."

     SECTION 6.  Chapter 432D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§432D-    Prescription drug coverage; mail order options.  (a)  A health maintenance organization that provides prescription drug coverage shall allow enrollees and subscribers the option to fill a mail order covered prescription at a mail order pharmacy or a network participating retail pharmacy; provided that the network participating retail pharmacy accepts a price for the prescription that is equal to the mail order pharmacy.

     (b)  A health maintenance organization that provides prescription drug coverage shall not impose an additional copayment, fee, or other condition on an enrollee or subscriber who elects to purchase prescription drugs from a network participating retail pharmacy, unless the additional copayment, fee, or condition is also imposed on enrollees or subscribers who elect to purchase prescription drugs from a designated mail order pharmacy.

     (c)  This section shall not be construed to supersede the terms of a collective bargaining agreement between an employer and a certified employee organization."

     SECTION 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Insurance; Prescription Drugs; Mail Order Prescriptions; Pharmacies; EUTF

 

Description:

Allows individual beneficiaries enrolled in a Hawaii-employer-union health benefits trust fund health benefits plan to opt out of a requirement to purchase prescriptions by mail order.  Allows participants in accident or health or sickness insurance plans, group and blanket disability insurance plans, mutual benefit societies, fraternal benefit societies, and health maintenance organizations the option of purchasing mail order prescription benefits at participating retail pharmacies.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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