MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance

By: Representatives Stevens, Robinson (84th)

AN ACT TO PROHIBIT INSURANCE POLICIES COVERING DRUGS FROM EXCLUDING COVERAGE OF CERTAIN DRUGS OTHERWISE RECOGNIZED FOR USE IN THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUGS ARE NOT APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUGS ARE PRESCRIBED; TO PROVIDE EXCEPTIONS; TO DEFINE CERTAIN TERMS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) No insurance policy which provides coverage for drugs shall exclude coverage of any such drug used for the treatment of cancer on the grounds that the drug has not been approved by the Federal Food and Drug Administration for the treatment of the specific type of cancer for which the drug has been prescribed, provided that such drug is recognized for treatment of that specific type of cancer in one of the standard reference compendia.

(2) This section may not be construed to:

(a) Alter existing law with regard to provisions limiting the coverage of drugs that have not been approved by the Federal Food and Drug Administration;

(b) Require coverage for any drug when the Federal Food and Drug Administration has determined its use to be contraindicated;

(c) Require coverage for experimental drugs not otherwise approved for any indication by the Federal Food and Drug Administration;

(d) Create, impair, alter, limit, modify, enlarge, abrogate, or prohibit reimbursement for drugs used in the treatment of any other disease or condition.

(3) For purposes of this section:

(a) "Insurance policy" means an individual, group, or blanket policy written by a medical expense indemnity corporation, a hospital service corporation, a health care service plan contract, or a private insurance plan issued, amended, delivered, or renewed in this state or which provides insurance for residents of this state and shall include all health insurance plans for the state and its political subdivisions.

(b) "Standard reference compendia" means:

(i) The United States Pharmacopoeia Drug Information;

(ii) The American Medical Association Drug Evaluations; or

(iii) The American Hospital Formulary Service Drug Information.

SECTION 2. This act shall take effect and be in force from and after its passage.