House Bill 953

AN ACT TO CREATE NEW SECTION 83-9-24, MISSISSIPPI CODE OF 1972, TO PROHIBIT HEALTH PLANS AND POLICIES THAT COVER INJECTED, INTRAVENOUSLY ADMINISTERED AND ORAL ANTI-CANCER MEDICATIONS FROM REQUIRING A HIGHER CO-PAYMENT, DEDUCTIBLE OR COINSURANCE AMOUNT FOR PATIENT ADMINISTERED ANTI-CANCER MEDICATIONS THAN THEY REQUIRE FOR ANTI-CANCER MEDICATIONS INJECTED OR INTRAVENOUSLY ADMINISTERED BY A HEALTH CARE PROVIDER, REGARDLESS OF THE FORMULATION OR BENEFIT CATEGORY DETERMINATION; TO PROVIDE THAT HEALTH PLANS AND POLICIES MAY NOT COMPLY WITH THE PROHIBITION BY INCREASING THE CO-PAYMENT, DEDUCTIBLE OR COINSURANCE AMOUNT FOR INJECTED OR INTRAVENOUS ANTI-CANCER MEDICATIONS THAT ARE COVERED UNDER THE PLAN OR POLICY OR BY RECLASSIFYING BENEFITS WITH RESPECT TO ANTI-CANCER MEDICATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 83-9-24, Mississippi Code of 1972:

83-9-24. (1) As used in this section, the following terms shall be defined as provided in this subsection:

(a) "Anti-cancer medication" means drugs and biologics that are used to kill, slow, or prevent the growth of cancerous cells.

(b) "Health plan or policy" means any hospital, health or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type, including a group insurance plan. However, this term does not include the State and School Employees Life and Health Insurance Plan.

(2) A health plan or policy that covers anti-cancer medications that are injected or intravenously administered by a health care provider and patient administered anti-cancer medications, including, but not limited to, those orally administered or self-injected, may not require a higher co-payment, deductible or coinsurance amount for patient administered anti-cancer medications than it requires for injected or intravenously administered anti-cancer medications, regardless of the formulation or benefit category determination by the policy or plan.

(3) The health insurance policy or plan may not comply with subsection (2) of this section by:

(a) Increasing the co-payment, deductible or coinsurance amount required for injected or intravenously administered anti-cancer medications that are covered under the policy or plan; or

(b) Reclassifying benefits with respect to anti-cancer medications.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.