MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance; Judiciary

By: Senator(s) Jordan (18th)

AN ACT TO REQUIRE INSURANCE POLICIES COVERING DRUGS TO PROHIBIT EXCLUDING COVERAGE OF CERTAIN DRUGS ON THE GROUNDS THAT THEY ARE NOT APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION IF THE DRUG IS OTHERWISE RECOGNIZED AND TO PROVIDE EXCEPTIONS; 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 or in the medical literature.

(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.

(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.

(c) "Medical literature" means two (2) articles from major peer-reviewed professional medical journals that have recognized, based on scientific or medical criteria, the drug's safety and effectiveness for treatment of the indication for which it has been prescribed unless two (2) articles from major peer-reviewed professional medical journals have concluded, based on scientific or medical criteria, that the drug is unsafe or ineffective or that the drug safety and effectiveness cannot be determined for the treatment of the indication for which it has been prescribed.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.