HF 3833

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; requiring health benefit plan to 
  1.3             issue uniform prescription drug information cards. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [62Q.526] [UNIFORM PRESCRIPTION DRUG 
  1.6   INFORMATION CARDS.] 
  1.7      Subdivision 1.  [FORMAT.] (a) Every health benefit plan 
  1.8   that provides coverage for prescription drugs or devices, or 
  1.9   administers such a plan, including but not limited to third 
  1.10  party administrators for self-insured plans and 
  1.11  state-administered plans, shall issue to its insureds a card or 
  1.12  other technology containing uniform prescription drug 
  1.13  information.  The uniform prescription drug information card or 
  1.14  technology shall be in the format approved by the National 
  1.15  Council for Prescription Drug Programs (NCPDP) and shall include 
  1.16  all of the required and conditional or situational fields and 
  1.17  conform to the most recent pharmacy identification card or 
  1.18  technology implementation guide produced by NCPDP or conform to 
  1.19  a national format acceptable to the commissioner of commerce. 
  1.20     (b) A new uniform prescription drug information card or 
  1.21  technology, as required under paragraph (a), shall be issued by 
  1.22  a health benefit plan upon enrollment and reissued upon any 
  1.23  change in the insured's coverage that impacts data contained on 
  1.24  the card or upon any change in the NCPDP implementation guide.  
  2.1   Newly issued cards or technology shall be updated with the 
  2.2   latest coverage information and shall conform to the NCPDP 
  2.3   standards then in effect and to the implementation guide then in 
  2.4   use. 
  2.5      (c) As used in this section, "health benefit plan" means an 
  2.6   accident and health insurance policy or certificate; a nonprofit 
  2.7   hospital or medical service corporation contract; a health 
  2.8   maintenance organization subscriber contract; a plan provided by 
  2.9   a multiple employer welfare arrangement; or a plan provided by 
  2.10  another benefit arrangement, to the extent permitted by the 
  2.11  Employee Retirement Income Security Act of 1974, as amended, or 
  2.12  by any waiver of or other exception to that act provided under 
  2.13  federal law or regulation.  Without limitation, "health benefit 
  2.14  plan" does not mean any of the following types of insurance: 
  2.15     (1) accident; 
  2.16     (2) credit; 
  2.17     (3) disability income; 
  2.18     (4) long-term or nursing home care; 
  2.19     (5) specified disease; 
  2.20     (6) dental or vision; 
  2.21     (7) coverage issued as a supplement to liability insurance; 
  2.22     (8) medical payments under automobile or homeowners; 
  2.23     (9) insurance under which benefits are payable with or 
  2.24  without regard to fault and this is statutorily required to be 
  2.25  contained in any liability policy or equivalent self-insurance; 
  2.26  and 
  2.27     (10) hospital income or indemnity. 
  2.28     Subd. 2.  [ENFORCEMENT.] Enforcement of this section shall 
  2.29  be the responsibility of the commissioner of commerce.  The 
  2.30  commissioner shall adopt rules necessary to carry out the 
  2.31  purposes of this section.  No health benefit plan shall be 
  2.32  permitted to conduct business in this state if the plan is in 
  2.33  violation of this section. 
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective the day following final enactment 
  2.36  and applies to health benefit plans that are delivered, issued 
  3.1   for delivery, or renewed on or after January 1, 2001.  For 
  3.2   purposes of section 1, renewal of a health benefit policy, 
  3.3   contract, or plan occurs on each anniversary of the date on 
  3.4   which coverage was first effective on the person or persons 
  3.5   covered by the health benefit plan.