Bill Text: IN SB0359 | 2013 | Regular Session | Introduced


Bill Title: Mail order or Internet based pharmacy use.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Health and Provider Services [SB0359 Detail]

Download: Indiana-2013-SB0359-Introduced.html


Introduced Version






SENATE BILL No. 359

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-10-8-13; IC 27-8-31.2-6; IC 27-13-37.5-3.

Synopsis: Mail order or Internet based pharmacy use. Prohibits certain actions by a health benefit plan, insurer, health maintenance organization, or pharmacy benefit manager related to covered individual use of mail order pharmacies.

Effective: July 1, 2013.





Grooms




    January 8, 2013, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 359



    A BILL FOR AN ACT to amend the Indiana Code concerning insurance.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-10-8-13; (13)IN0359.1.1. -->     SECTION 1. IC 5-10-8-13, AS AMENDED BY P.L.2-2007, SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) As used in this section, "covered individual" means an individual who is entitled to coverage under an employee health benefit plan.
    (b) As used in this section, "employee health benefit plan" means a group plan of self-insurance, policy, or contract that:
        (1) provides coverage for prescription drugs; and
        (2) is established, purchased, or entered into by an employer for the benefit of the employer's employees.
    (c) As used in this section, "employer" means the following:
        (1) A public employer.
        (2) A state educational institution.
    (d) As used in this section, "mail order or Internet based pharmacy" has the meaning set forth in IC 25-26-18-1.
    (e) An employee health benefit plan that provides coverage for prescription drugs may designate a mail order or an Internet based

pharmacy to provide prescription drugs to a covered individual.
    (f) An employee health benefit plan may not require a covered individual to obtain a prescription drug from a pharmacy designated under subsection (e) as a condition of coverage.
     (g) An employee health benefit plan, including a pharmacy benefit manager affiliated with an employee health benefit plan, may not do the following:
        (1) Require a covered individual to use a mail order or Internet based pharmacy to obtain at least a ninety (90) day supply of a prescription medication.
        (2) Require a covered individual to pay a higher copayment, coinsurance, or other out of pocket cost to obtain a prescription medication from a pharmacy other than a mail order or Internet based pharmacy.

SOURCE: IC 27-8-31.2-6; (13)IN0359.1.2. -->     SECTION 2. IC 27-8-31.2-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. An insurer, including a pharmacy benefit manager affiliated with an insurer, may not do the following:
        (1) Require an insured to use a mail order or Internet based pharmacy to obtain at least a ninety (90) day supply of a prescription medication.
        (2) Require an insured to pay a higher copayment, coinsurance, or other out of pocket cost to obtain a prescription medication from a pharmacy other than a mail order or Internet based pharmacy.

SOURCE: IC 27-13-37.5-3; (13)IN0359.1.3. -->     SECTION 3. IC 27-13-37.5-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. A health maintenance organization, including a pharmacy benefit manager affiliated with a health maintenance organization, may not do the following:
        (1) Require an enrollee to use a mail order or Internet based pharmacy to obtain at least a ninety (90) day supply of a prescription medication.
        (2) Require an enrollee to pay a higher copayment or other out of pocket cost to obtain a prescription medication from a pharmacy other than a mail order or Internet based pharmacy.

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