§ 10123.192. — 10123.192. (Amended by Stats. 2015, Ch. 619, Sec. 6.)

(a)
A health insurer that provides prescription drug benefits and maintains one or more drug formularies shall do all of the following:
(1)
Post the formulary or formularies for each product offered by the insurer on the insurer’s Internet Web site in a manner that is accessible and searchable by potential insureds, insureds, providers, the general public, the department, and federal agencies as required by federal law or regulations.
(2)
Update the formularies posted pursuant to paragraph (1) with any change to those formularies on a monthly basis.
(3)
No later than six months after the date
that a standard formulary template is developed under subdivision (b), use that template to display the formulary or formularies for each product offered by the insurer.
(b)
(1)
By January 1, 2017, the department and the Department of Managed Health Care shall jointly, and with input from interested parties from at least one public meeting, develop a standard formulary template for purposes of paragraph (3) of subdivision (a). In developing the template, the department and Department of Managed Health Care shall take into consideration existing requirements for reporting of formulary information established by the federal Centers for Medicare and Medicaid Services. To the extent feasible, in developing the template, the department and the Department of Managed Health Care shall evaluate a way to include on the template, in addition to the information required to be included under paragraph (2), cost-sharing information for
drugs subject to coinsurance.
(2)
The standard formulary template shall include a notification that the presence of a drug on the insurer’s formulary does not guarantee that an insured will be prescribed that drug by his or her prescribing provider for a particular medical condition. As applied to a particular formulary for a product offered by an insurer, the standard formulary template shall do all of the following:
(A)
Include information on cost-sharing tiers and utilization controls, including prior authorization or step therapy requirements, for each drug covered by the product.
(B)
Indicate any drugs on the formulary that are preferred over other drugs on the formulary.
(C)
Include information to educate insureds about the differences between
drugs administered or provided under a health insurer’s medical benefit and drugs prescribed under a health insurer’s prescription drug benefit and about how to obtain coverage information about drugs that are not covered under the health insurer’s prescription drug benefit.
(D)
Include information to educate insureds that health insurers that provide prescription drug benefits are required to have a method for insureds to obtain prescription drugs not listed in the health insurer’s drug formulary if the drugs are deemed to be medically necessary by a clinician pursuant to Section 1367.24 of the Health and Safety Code, as required by clause (iv) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 10112.27.
(E)
Include information on which medications are covered, including both generic and brand name.
(F)
Include information on what tier of the health insurer’s drug formulary each medication is in.
(c)
The commissioner may adopt regulations as may be necessary to carry out the purposes of this section. In adopting regulations, the commissioner shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)
For purposes of this section, “formulary” means the complete list of drugs preferred for use and eligible for coverage under a health insurance product and includes the drugs covered under the pharmacy benefit of the product.

Legislative History

Amended by Stats. 2015, Ch. 619, Sec. 6. (AB 339) Effective January 1, 2016.