By:  Madla                                            S.B. No. 1030
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the use of a prescription drug formulary by a group
 1-2     health benefit plan.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
 1-5     amended by adding Article 21.52J to read as follows:
 1-6           Art. 21.52J.  USE OF PRESCRIPTION DRUG FORMULARY BY GROUP
 1-7     HEALTH BENEFIT PLAN
 1-8           Sec. 1.  DEFINITIONS.  In this article:
 1-9                 (1)  "Drug formulary" means a list of drugs for which a
1-10     health benefit plan provides coverage, approves payment, or
1-11     encourages or offers incentives for physicians to prescribe.
1-12                 (2)  "Enrollee" means an individual who is covered
1-13     under a group health benefit plan, including a covered dependent.
1-14                 (3)  "Group health benefit plan" means a plan described
1-15     by Section 2 of this article.
1-16                 (4)  "Physician" means a person licensed as a physician
1-17     by the Texas State Board of Medical Examiners.
1-18                 (5)  "Prescription drug" has the meaning assigned by
1-19     Section 5, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas
1-20     Civil Statutes).
1-21           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to
1-22     a group health benefit plan that provides benefits for medical or
1-23     surgical expenses incurred as a result of a health condition,
1-24     accident, or sickness, including a group, blanket, or franchise
 2-1     insurance policy or insurance agreement, a group hospital service
 2-2     contract, or a group contract or similar coverage document that is
 2-3     offered by:
 2-4                 (1)  an insurance company;
 2-5                 (2)  a group hospital service corporation operating
 2-6     under Chapter 20 of this code;
 2-7                 (3)  a fraternal benefit society operating under
 2-8     Chapter 10 of this code;
 2-9                 (4)  a stipulated premium insurance company operating
2-10     under Chapter 22 of this code;
2-11                 (5)  a reciprocal exchange operating under Chapter 19
2-12     of this code;
2-13                 (6)  a health maintenance organization operating under
2-14     the Texas Health Maintenance Organization Act (Chapter 20A,
2-15     Vernon's Texas Insurance Code);
2-16                 (7)  a multiple employer welfare arrangement that holds
2-17     a certificate of authority under Article 3.95-2 of this code; or
2-18                 (8)  an approved nonprofit health corporation  that
2-19     holds a certificate of authority issued by the commissioner under
2-20     Article 21.52F of this code.
2-21           (b)  This article does not apply to:
2-22                 (1)  a plan that provides coverage:
2-23                       (A)  only for a specified disease or other single
2-24     benefit;
2-25                       (B)  only for accidental death or dismemberment;
2-26                       (C)  for wages or payments in lieu of wages for a
 3-1     period during which an employee is absent from work because of
 3-2     sickness or injury;
 3-3                       (D)  as a supplement to liability insurance;
 3-4                       (E)  for credit insurance;
 3-5                       (F)  only for dental or vision care;
 3-6                       (G)  only for hospital expenses; or
 3-7                       (H)  only for indemnity for hospital confinement;
 3-8                 (2)  a small employer health benefit plan written under
 3-9     Chapter 26 of this code;
3-10                 (3)  a Medicare supplemental policy as defined by
3-11     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
3-12     as amended;
3-13                 (4)  workers' compensation insurance coverage;
3-14                 (5)  medical payment insurance coverage issued as part
3-15     of a motor vehicle insurance policy; or
3-16                 (6)  a long-term care policy, including a nursing home
3-17     fixed indemnity policy, unless the commissioner determines that the
3-18     policy provides benefit coverage so comprehensive that the policy
3-19     is a health benefit plan as described by Subsection (a) of this
3-20     section.
3-21           Sec. 3.  DISCLOSURE OF DRUG FORMULARY REQUIRED.  A group
3-22     health benefit plan that covers prescription drugs and that uses
3-23     one or more drug formularies to specify which prescription drugs
3-24     the plan will cover shall:
3-25                 (1)  provide to each enrollee in plain language in the
3-26     coverage documentation provided to the enrollee:
 4-1                       (A)  notice that the plan uses one or more drug
 4-2     formularies;
 4-3                       (B)  an explanation of what a drug formulary is;
 4-4                       (C)  a statement regarding the method the plan
 4-5     uses to determine which prescription drugs are included in or
 4-6     excluded from a drug formulary;
 4-7                       (D)  a statement of how often the plan reviews
 4-8     the contents of each drug formulary; and
 4-9                       (E)  notice that the enrollee may contact the
4-10     plan to find out if a specific drug is on a particular drug
4-11     formulary;
4-12                 (2)  disclose to any individual on request, not later
4-13     than the third business day after the date of the request, whether
4-14     a specific drug is on a particular drug formulary; and
4-15                 (3)  notify an enrollee or any other individual who
4-16     requests information about a drug formulary under this section that
4-17     the presence of a drug on a drug formulary does not guarantee that
4-18     an enrollee's health care provider will prescribe that drug for a
4-19     particular medical condition or mental illness.
4-20           Sec. 4.  CHANGES TO PRESCRIPTION DRUG FORMULARY; CONTINUATION
4-21     OF BENEFITS REQUIRED.  (a)  A group health benefit plan that offers
4-22     prescription drug benefits shall make a prescription drug that was
4-23     approved or covered for a medical condition or mental illness
4-24     available to each enrollee at the contracted benefit level until
4-25     the enrollee's plan renewal date, regardless of whether the
4-26     prescribed drug has been removed from the health benefit plan's
 5-1     drug formulary.
 5-2           (b)  This section does not preclude a physician or other
 5-3     health professional authorized to prescribe a drug from prescribing
 5-4     another drug covered by the group health benefit plan that is
 5-5     medically appropriate for the enrollee.
 5-6           Sec. 5.  NONFORMULARY PRESCRIPTION DRUGS; ADVERSE
 5-7     DETERMINATION.  If a group health benefit plan, through any of its
 5-8     employees or agents, refuses to provide benefits to an enrollee for
 5-9     a drug that is not included in a drug formulary and that the
5-10     enrollee's physician has determined is medically necessary, the
5-11     refusal constitutes an adverse determination for purposes of
5-12     Section 2, Article 21.58A of this code.  An enrollee may appeal the
5-13     adverse determination under Sections 6 and 6A, Article 21.58A of
5-14     this code.
5-15           Sec. 6.  RULES.  The commissioner may adopt rules to
5-16     implement this article.
5-17           SECTION 2.  This Act takes effect September 1, 1999, and
5-18     applies only to a group health benefit plan that is delivered,
5-19     issued for delivery, or renewed on or after January 1, 2000.  A
5-20     group health benefit plan delivered, issued for delivery, or
5-21     renewed before January 1, 2000, is governed by the law as it
5-22     existed immediately before the effective date of this Act, and that
5-23     law is continued in effect for that purpose.
5-24           SECTION 3.  The importance of this legislation and the
5-25     crowded condition of the calendars in both houses create an
5-26     emergency and an imperative public necessity that the
 6-1     constitutional rule requiring bills to be read on three several
 6-2     days in each house be suspended, and this rule is hereby suspended.