MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Insurance
By: Representative Mayo (By Request)
AN ACT TO PROHIBIT CERTAIN PRESCRIPTION DRUG COST-SHARING OBLIGATIONS OF A HEALTH INSURANCE PLAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For purposes of this section the following terms shall have the following meanings:
(a) "Cost-sharing obligation" means a copayment or coinsurance requirement under a policy or contract issued or delivered in the state by an entity subject to Chapter 9, Title 83, Mississippi Code of 1972, or a health maintenance organization.
(b) "Generic drug equivalent" means a drug product that has the same established name and active ingredients to meet the same compendia or other applicable standards, but which may differ in characteristics such as shape, scoring configuration, packaging, excipient (including colors, flavors, preservatives), and expiration time. Pharmacists may utilize as a basis for the determination of generic equivalency Approved Drug Products with Therapeutic Equivalence Evaluations and current supplements published by the Federal Food and Drug Administration, within the limitations stipulated in that publication.
(c) "Health maintenance organization" means a person who undertakes to provide or arrange for basic health care services to enrollees for a fixed prepaid premium and subject to the provisions of Article 7, Chapter 41, Title 83, Mississippi Code of 1972.
(2) A prescription benefit may not have a cost-sharing obligation of more than One Hundred Dollars ($100.00) for a one-month supply of a covered prescription drug for which no generic drug equivalent is available. This cost-sharing obligation may increase to an amount greater than One Hundred Dollars ($100.00) not more than once annually, and only by an amount that does not exceed the percentage change in the medical care component of the March Consumer Price Index for Southeastern United States as provided by the United States Department of Labor, Bureau of Labor Statistics.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.