§ 27-18-50. Drug coverage.
(a) Any accident and sickness insurer that utilizes a formulary of medications for which
coverage is provided under an individual or group plan master contract shall require
any physician or other person authorized by the department of health to prescribe
medication to prescribe from the formulary. A physician or other person authorized
by the department of health to prescribe medication shall be allowed to prescribe
medications previously on, or not on, the accident and sickness insurer's formulary
if he or she believes that the prescription of the non-formulary medication is medically
necessary. An accident and sickness insurer shall be required to provide coverage
for a non-formulary medication only when the non-formulary medication meets the accident
and sickness insurer's medical-exception criteria for the coverage of that medication.
(b) An accident and sickness insurer's medical-exception criteria for the coverage of
non-formulary medications shall be developed in accordance with § 23-17.13-3(c)(3) [repealed].
(c) Any subscriber who is aggrieved by a denial of benefits to be provided under this
section may appeal the denial in accordance with the rules and regulations promulgated
by the department of health pursuant to chapter 17.12 of title 23 [repealed].
(d) Prior to removing a prescription drug from its plan's formulary or making any change
in the preferred or tiered cost-sharing status of a covered prescription drug, an
accident and sickness insurer must provide at least thirty (30) days' notice to authorized
prescribers by established communication methods of policy and program updates and
by updating available references on web-based publications. All adversely affected
members must be provided at least thirty (30) days' notice prior to the date such
change becomes effective by a direct notification:
(1) The written or electronic notice must contain the following information:
(i) The name of the affected prescription drug;
(ii) Whether the plan is removing the prescription drug from the formulary, or changing
its preferred or tiered cost-sharing status; and
(iii) The means by which subscribers may obtain a coverage determination or medical exception,
in the case of drugs that will require prior authorization or are formulary exclusions
respectively.
(2) An accident and sickness insurer may immediately remove from its plan formularies
covered prescription drugs deemed unsafe by the accident and sickness insurer or the
Food and Drug Administration, or removed from the market by their manufacturer, without
meeting the requirements of this section.
(e) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care;
(5) Medicare supplement; (6) Limited benefit health; (7) Specified disease indemnity;
(8) Sickness or bodily injury or death by accident or both; or (9) Other limited benefit
policies.