Bill Text: IA HF175 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to insurance coverage for dispensing prescription contraceptives in certain quantities.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2019-01-31 - Introduced, referred to Commerce. H.J. 189. [HF175 Detail]

Download: Iowa-2019-HF175-Introduced.html
House File 175 - Introduced HOUSE FILE 175 BY BENNETT , HUNTER , RUNNING-MARQUARDT , R. SMITH , KACENA , OLDSON , FORBES , ANDERSON , McCONKEY , KURTH , LENSING , WINCKLER , STAED , MASCHER , DONAHUE , STECKMAN , and EHLERT A BILL FOR An Act relating to insurance coverage for dispensing 1 prescription contraceptives in certain quantities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1933YH (4) 88 ko/rn
H.F. 175 Section 1. Section 514C.19, Code 2019, is amended to read 1 as follows: 2 514C.19 Prescription contraceptive coverage. 3 1. For purposes of this section: 4 a. “Dispense” means the same as defined in section 155A.3. 5 b. “Health care professional” means the same as defined in 6 section 514J.102. 7 c. “Prescription contraceptive” means a medically acceptable 8 oral drug or contraceptive patch or ring that is used to 9 prevent pregnancy, and requires a prescription. 10 1. 2. Notwithstanding the uniformity of treatment 11 requirements of section 514C.6 , a group policy , or contract , or 12 plan providing for third-party payment or prepayment of health 13 or medical expenses shall not do either of the following: 14 a. Exclude or restrict benefits for a prescription 15 contraceptive drugs or prescription contraceptive devices which 16 prevent conception and which are contraceptive that is approved 17 by the United States food and drug administration, or a generic 18 equivalents equivalent approved as substitutable a substitute 19 by the United States food and drug administration, if such 20 policy , or contract , or plan provides benefits a benefit for 21 any other outpatient prescription drugs drug or devices device . 22 Such policy, contract, or plan shall provide for payment to a 23 health care professional that dispenses any of the following to 24 a covered person: 25 (1) A three-month supply of a prescription contraceptive 26 the first time the prescription contraceptive is dispensed to 27 the covered person. 28 (2) A twelve-month supply of a prescription contraceptive 29 for any subsequent dispensing of the same prescription 30 contraceptive to the covered person. 31 (3) A three-month supply of a prescription vaginal 32 contraceptive ring. 33 b. Exclude or restrict benefits for an outpatient 34 contraceptive services which are service that is provided 35 -1- LSB 1933YH (4) 88 ko/rn 1/ 5
H.F. 175 for the purpose of preventing conception if such policy , 1 or contract , or plan provides benefits a benefit for any 2 other outpatient services service provided by a health care 3 professional. 4 2. 3. A person who provides a group policy , or contract , or 5 plan providing for third-party payment or prepayment of health 6 or medical expenses which is subject to subsection 1 2 shall 7 not do any of the following: 8 a. Deny to an individual eligibility, or continued 9 eligibility, to enroll in or to renew coverage under the terms 10 of the policy , or contract , or plan because of the individual’s 11 use or potential use of such a prescription contraceptive 12 drugs drug or devices device , or use or potential use of an 13 outpatient contraceptive services service . 14 b. Provide a monetary payment or rebate to a covered 15 individual to encourage such individual to accept less than the 16 minimum benefits provided for under subsection 1 2 . 17 c. Penalize or otherwise reduce or limit the reimbursement 18 of a health care professional because such professional 19 prescribes a contraceptive drugs drug or devices device , or 20 provides a contraceptive services service . 21 d. Provide incentives an incentive , monetary or otherwise, 22 to a health care professional to induce such professional to 23 withhold from a covered individual a contraceptive drugs drug 24 or devices device , or a contraceptive services service from a 25 covered individual . 26 3. 4. This section shall not be construed to prevent a 27 third-party payor from including deductibles, coinsurance, or 28 copayments under the policy , or contract, or plan as follows: 29 a. A deductible, coinsurance, or copayment for benefits a 30 benefit for a prescription contraceptive drugs drug shall not 31 be greater than such deductible, coinsurance, or copayment for 32 any outpatient prescription drug for which coverage under the 33 policy , or contract , or plan is provided. 34 b. A deductible, coinsurance, or copayment for benefits a 35 -2- LSB 1933YH (4) 88 ko/rn 2/ 5
H.F. 175 benefit for a prescription contraceptive devices device shall 1 not be greater than such deductible, coinsurance, or copayment 2 for any outpatient prescription device for which coverage under 3 the policy , or contract , or plan is provided. 4 c. A deductible, coinsurance, or copayment for benefits a 5 benefit for an outpatient contraceptive services service shall 6 not be greater than such deductible, coinsurance, or copayment 7 for any outpatient health care services service for which 8 coverage under the policy , or contract , or plan is provided. 9 4. 5. This section shall not be construed to require 10 a third-party payor under a policy , or contract , or plan 11 to provide benefits a benefit for an experimental or 12 investigational contraceptive drugs drug or devices device , or 13 experimental or investigational contraceptive services service , 14 except to the extent that such policy , or contract , or plan 15 provides coverage for any other experimental or investigational 16 outpatient prescription drugs drug or devices device , or 17 experimental or investigational outpatient health care services 18 service . 19 5. 6. This section shall not be construed to limit or 20 otherwise discourage the any of the following: 21 a. The use of a generic equivalent drugs drug approved 22 by the United States food and drug administration , whenever 23 if available and appropriate. This section , when a brand 24 name drug is requested by a covered individual and a suitable 25 generic equivalent is available and appropriate, shall not be 26 construed to prohibit a 27 b. A third-party payor from requiring the a covered 28 individual to pay a deductible, coinsurance, or copayment 29 consistent with subsection 3 4 , in addition to the difference 30 of the cost of the brand name drug less the maximum covered 31 amount for a generic equivalent. 32 7. This section shall not be construed to require a 33 third-party payor to provide payment to a health care 34 professional for dispensing a prescription contraceptive to 35 -3- LSB 1933YH (4) 88 ko/rn 3/ 5
H.F. 175 replace a prescription contraceptive that has been dispensed 1 to a covered person and that has been misplaced, stolen, or 2 destroyed. This section shall not be construed to require a 3 third-party payor to replace covered prescriptions that are 4 misplaced, stolen, or destroyed. 5 6. 8. A person who provides an individual policy , or 6 contract , or plan providing for third-party payment or 7 prepayment of health or medical expenses shall make available 8 a coverage provision that satisfies the requirements in 9 subsections 1 2 through 5 7 in the same manner as such 10 requirements are applicable to a group policy , or contract , or 11 plan under those subsections. The policy , or contract , or plan 12 shall provide that the individual policyholder may reject the 13 coverage provision at the option of the policyholder. 14 7. 9. a. This section applies shall apply to the following 15 classes of third-party payment provider policies, contracts or 16 policies , and plans delivered, issued for delivery, continued, 17 or renewed in this state on or after July 1, 2000 2019 : 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) Any other entity engaged in the business of insurance, 25 risk transfer, or risk retention, which is subject to the 26 jurisdiction of the commissioner. 27 (5) A plan established pursuant to chapter 509A for public 28 employees. 29 b. This section shall not apply to accident-only, 30 specified disease, short-term hospital or medical, hospital 31 confinement indemnity, credit, dental, vision, Medicare 32 supplement, long-term care, basic hospital and medical-surgical 33 expense coverage as defined by the commissioner, disability 34 income insurance coverage, coverage issued as a supplement 35 -4- LSB 1933YH (4) 88 ko/rn 4/ 5
H.F. 175 to liability insurance, workers’ compensation or similar 1 insurance, or automobile medical payment insurance. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to insurance coverage for a prescription 6 contraceptive dispensed by a health care professional to a 7 covered person in a three-month or 12-month quantity. The bill 8 defines “health care professional” as a physician or other 9 health care practitioner licensed, accredited, registered, or 10 certified to perform specified health care services consistent 11 with state law. 12 The bill amends prescription contraceptive coverage 13 provisions to specifically require that a policy, contract, 14 or plan providing for third-party payment or prepayment of 15 health or medical expenses provide for payment to a health 16 care professional that dispenses a three-month supply of a 17 prescription contraceptive the first time it is dispensed to a 18 covered person, and payment when a 12-month supply of the same 19 prescription contraceptive is subsequently dispensed to the 20 same covered person. The bill also provides for payment to a 21 health care professional for dispensing a three-month supply of 22 a prescription vaginal contraceptive ring. 23 The bill shall not be construed to require a third-party 24 payor to provide payment to a health care professional 25 for dispensing a prescription contraceptive to replace a 26 prescription contraceptive that has been dispensed and has been 27 misplaced, lost, or stolen. 28 The bill applies to third-party payment provider contracts, 29 policies, and plans delivered, issued for delivery, continued, 30 or renewed in this state on or after July 1, 2019, by the 31 third-party payment providers enumerated in the bill. 32 The bill specifies the types of specialized health-related 33 insurance which are not subject to the coverage requirements 34 of the bill. 35 -5- LSB 1933YH (4) 88 ko/rn 5/ 5
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