By:  Sibley                                           S.B. No. 1543
         99S0352/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to insurance coverage for off-label uses of federal Food
 1-2     and Drug Administration approved drugs.
 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 21.53H to read as follows:
 1-6           Art. 21.53H.  COVERAGE FOR OFF-LABEL USES OF FDA-APPROVED
 1-7     DRUGS
 1-8           Sec. 1.  DEFINITIONS.  In this article:
 1-9                 (1)  "Contraindication" means the potential for, or the
1-10     occurrence of, an undesirable alteration of the therapeutic effect
1-11     of a given prescription because of the presence, in the patient for
1-12     whom it is prescribed, of a disease condition or the potential for,
1-13     or the occurrence of, a clinically significant adverse effect of
1-14     the drug on the patient's disease condition.
1-15                 (2)  "FDA" means the federal Food and Drug
1-16     Administration.
1-17                 (3)  "Health benefit plan" means a plan described by
1-18     Section 2 of this article.
1-19                 (4)  "Indication" means any symptom, cause, or
1-20     occurrence in a disease which points out its cause, diagnosis,
1-21     course of treatment, or prognosis.
1-22                 (5)  "Peer-reviewed medical literature" means published
1-23     scientific studies in any peer-reviewed national professional
1-24     journal.
 2-1                 (6)  "Standard reference compendia" means any of the
 2-2     following:
 2-3                       (A)  The United States Pharmacopoeia-Drug
 2-4     Information;
 2-5                       (B)  The American Medical Association Drug
 2-6     Evaluations; or
 2-7                       (C)  The American Hospital Formulary Service Drug
 2-8     Information.
 2-9           Sec. 2.  SCOPE OF ARTICLE. (a)  This article applies to a
2-10     health benefit plan that provides coverage for drugs and that:
2-11                 (1) provides benefits for medical or surgical expenses
2-12     incurred as a result of a health condition, accident, or sickness,
2-13     including:
2-14                       (A)  an individual, group, blanket, or franchise
2-15     insurance policy or insurance agreement, a group hospital service
2-16     contract, or an individual or group evidence of coverage that is
2-17     offered by:
2-18                             (i)  an insurance company;
2-19                             (ii)  a group hospital service corporation
2-20     operating under Chapter 20 of this code;
2-21                             (iii)  a fraternal benefit society
2-22     operating under Chapter 10 of this code;
2-23                             (iv)  a stipulated premium insurance
2-24     company operating under Chapter 22 of this code; or
2-25                             (v)  a health maintenance organization
2-26     operating under the Texas Health Maintenance Organization Act
 3-1     (Chapter 20A, Vernon's Texas Insurance Code); or
 3-2                       (B)  to the extent permitted by the Employee
 3-3     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
 3-4     seq.), a health benefit plan that is offered by:
 3-5                             (i)  a multiple employer welfare
 3-6     arrangement as defined by Section 3, Employee Retirement Income
 3-7     Security Act of 1974 (29 U.S.C. Section 1002);
 3-8                             (ii)  any other entity not licensed under
 3-9     this code or another insurance law of this state that contracts
3-10     directly for health care services on a risk-sharing basis,
3-11     including an entity that contracts for health care services on a
3-12     capitation basis; or
3-13                             (iii)  another analogous benefit
3-14     arrangement; or
3-15                 (2)  is offered by an approved nonprofit health
3-16     corporation that is certified under Section 5.01(a), Medical
3-17     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
3-18     that holds a certificate of authority  issued by the commissioner
3-19     under Article 21.52F of this code.
3-20           (b)  This article does not apply to:
3-21                 (1)  a plan that provides coverage:
3-22                       (A)  only for a specified disease or other
3-23     limited benefit;
3-24                       (B)  only for accidental death or dismemberment;
3-25                       (C)  for wages or payments in lieu of wages for a
3-26     period during which an employee is absent from work because of
 4-1     sickness or injury;
 4-2                       (D)  as a supplement to liability insurance;
 4-3                       (E)  for credit insurance;
 4-4                       (F)  only for dental or vision care; or
 4-5                       (G)  only for indemnity for hospital confinement;
 4-6                 (2)  a small employer health benefit plan written under
 4-7     Chapter 26 of this code;
 4-8                 (3)  a Medicare supplemental policy as defined by
 4-9     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
4-10                 (4)  workers' compensation insurance coverage;
4-11                 (5)  medical payment insurance issued as part of a
4-12     motor vehicle insurance policy; or
4-13                 (6)  a long-term care policy, including a nursing home
4-14     fixed indemnity policy, unless the commissioner determines that the
4-15     policy provides benefit coverage so comprehensive that the policy
4-16     is a health benefit plan as described by Subsection (a) of this
4-17     section.
4-18           Sec. 3.  MINIMUM STANDARDS OF COVERAGE.  (a)  A health
4-19     benefit plan that provides coverage for drugs shall provide for any
4-20     drug prescribed to treat enrollees with chronic, disabling, or
4-21     life-threatening illnesses so long as the drug:
4-22                 (1)   has been approved by the FDA for at least one
4-23     indication;
4-24                 (2)  is supported by clinical research that appears in
4-25     peer-reviewed medical literature for that indication; or
4-26                 (3)  is supported or accepted in one of the standard
 5-1     reference compendia.
 5-2           (b)  Coverage of the drug required by this section shall also
 5-3     include medically necessary services associated with the
 5-4     administration of the drug.
 5-5           (c)  A drug use that is covered under this section shall not
 5-6     be denied coverage based on a "medical necessity" requirement
 5-7     except for reasons that are unrelated to the legal status of the
 5-8     drug use.
 5-9           (d)  This section shall not be construed to require coverage
5-10     for experimental drugs not otherwise approved for any indication by
5-11     the FDA.
5-12           (e)  This section shall not be construed to require coverage
5-13     for a drug when the FDA has determined its use to be
5-14     contraindicated for treatment of the current indication.
5-15           SECTION 2.  This Act takes effect September 1, 1999, and
5-16     applies only to a health benefit plan that is delivered, issued for
5-17     delivery, or renewed on or after January 1, 2000.  A health benefit
5-18     plan that is delivered, issued for delivery, or renewed before
5-19     January 1, 2000, is governed by the law as it existed immediately
5-20     before the effective date of this Act, and that law is continued in
5-21     effect for that purpose.
5-22           SECTION 3.  The importance of this legislation and the
5-23     crowded condition of the calendars in both houses create an
5-24     emergency and an imperative public necessity that the
5-25     constitutional rule requiring bills to be read on three several
5-26     days in each house be suspended, and this rule is hereby suspended.