By:  Madla                                             S.B. No. 804
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to continuation of benefits for prescription drugs under
 1-3     certain group health benefit plans.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 3, Article 21.52J, Insurance Code, is
 1-6     amended to read as follows:
 1-7           Sec. 3.  DISCLOSURE OF DRUG FORMULARY REQUIRED. A group
 1-8     health benefit plan that covers prescription drugs and that uses
 1-9     one or more drug formularies to specify which prescription drugs
1-10     the plan will cover shall:
1-11                 (1)  provide to each enrollee in plain language in the
1-12     coverage documentation provided to the enrollee:
1-13                       (A)  notice that the plan uses one or more drug
1-14     formularies;
1-15                       (B)  an explanation of what a drug formulary is;
1-16                       (C)  a statement regarding the method the plan
1-17     uses to determine which prescription drugs are included in or
1-18     excluded from a drug formulary;
1-19                       (D)  a statement of how often the plan reviews
1-20     the contents of each drug formulary; [and]
1-21                       (E)  notice that the enrollee may contact the
1-22     plan to find out if a specific drug is on a particular drug
1-23     formulary; and
1-24                       (F)  a statement of the enrollee's right to
1-25     complain in a circumstance in which benefits for a drug are denied
 2-1     because the drug is not included in the plan's drug formulary,
 2-2     including the enrollee's rights under Section 4(c) of this article;
 2-3                 (2)  disclose to any individual on request, not later
 2-4     than the third business day after the date of the request, whether
 2-5     a specific drug is on a particular drug formulary; and
 2-6                 (3)  notify an enrollee or any other individual who
 2-7     requests information about a drug formulary under this section that
 2-8     the presence of a drug on a drug formulary does not guarantee that
 2-9     an enrollee's health care provider will prescribe that drug for a
2-10     particular medical condition or mental illness.
2-11           SECTION 2.  Section 4, Article 21.52J, Insurance Code, is
2-12     amended by amending Subsection (a) and adding Subsections (c) and
2-13     (d) to read as follows:
2-14           (a)  Except as provided by Subsection (d), a [A] group health
2-15     benefit plan that offers prescription drug benefits shall make a
2-16     prescription drug that, at the beginning of the plan year, was
2-17     included on the health benefit plan's drug formulary [approved or
2-18     covered for a medical condition or mental illness] available to an
2-19     [each] enrollee at the contracted benefit level for that
2-20     prescription drug until the enrollee's plan renewal date,
2-21     regardless of whether the prescribed drug has been removed from the
2-22     health benefit plan's drug formulary, if:
2-23                 (1)  the drug was at any time previously prescribed to
2-24     the enrollee and provided under the plan, regardless of whether the
2-25     drug was prescribed during that plan year; or
2-26                 (2)  the enrollee can demonstrate, in accordance with
 3-1     Subsection (c) of this section, that the drug was at any time
 3-2     previously prescribed to the enrollee.
 3-3           (c)  An enrollee who is denied benefits for a prescription
 3-4     drug because the drug has been removed from the group health
 3-5     benefit plan's drug formulary during a plan year and who believes
 3-6     the benefits are required under Subsection (a)(2) of this section
 3-7     may file a complaint in accordance with the complaint procedures of
 3-8     the group health benefit plan.  On an initial showing by the
 3-9     enrollee that the drug was previously prescribed at any time to the
3-10     enrollee, the group health benefit plan shall provide the benefits
3-11     at the contracted benefit level from the date the benefits were
3-12     initially requested until the enrollee's plan renewal date.  An
3-13     initial showing under this subsection may be made by any means that
3-14     demonstrates that a prescription drug was previously prescribed to
3-15     an enrollee, including a copy of a prescription or a letter or
3-16     other appropriate documentation from the physician who prescribed
3-17     the drug or pharmacist who distributed the drug.
3-18           (d)  Subsection (a)  of this section does not require a group
3-19     health benefit plan to continue to provide prescription drug
3-20     benefits for a prescription drug if:
3-21                 (1)  the United States Food and Drug Administration
3-22     prohibits:
3-23                       (A)  the sale or use of the drug; or
3-24                       (B)  the use of the drug as prescribed to an
3-25     enrollee; or
3-26                 (2)  the United States Food and Drug Administration or
 4-1     the drug's manufacturer identifies a side effect, adverse reaction,
 4-2     or other health risk associated with the drug that:
 4-3                       (A)  was unknown at the time the drug was
 4-4     prescribed to the enrollee; or
 4-5                       (B)  is substantially more severe, as determined
 4-6     under rules adopted by the commissioner, than was believed at the
 4-7     time the drug was prescribed to the enrollee.
 4-8           SECTION 3.  Section 6, Article 21.52J, Insurance Code, is
 4-9     amended to read as follows:
4-10           Sec. 6.  RULES.  The commissioner may adopt rules to
4-11     implement this article, including rules governing documents or
4-12     other evidence that must be accepted under Section 4(c) of this
4-13     article by a group health benefit plan as an initial showing that a
4-14     drug was at any time previously prescribed to an enrollee.
4-15           SECTION 4.  This Act takes effect September 1, 2001, and
4-16     applies only to a group health benefit plan that is delivered,
4-17     issued for delivery, or renewed on or after January 1, 2002.  A
4-18     group health benefit plan that is delivered, issued for delivery,
4-19     or renewed before January 1, 2002,  is governed by the law as it
4-20     existed immediately before the effective date of this Act, and that
4-21     law is continued in effect for this purpose.