HB 313: "An Act requiring that the cost of contraceptives be included in certain health care insurance coverage."
00 HOUSE BILL NO. 313 01 "An Act requiring that the cost of contraceptives be included in certain health care 02 insurance coverage." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the Prescriptive Equity Act of 2002. 07 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 LEGISLATIVE INTENT. It is the intent of this Act to bring the State of Alaska into 10 compliance with Title VII of the Civil Rights Act of 1964, as interpreted by the United States 11 Equal Employment Opportunity Commission, by requiring certain employers to provide 12 insurance coverage for the cost of prescription contraceptives when coverage is offered for 13 other prescription drugs. 14 * Sec. 3. AS 21.42 is amended by adding a new section to read:
01 Sec. 21.42.410. Coverage for contraceptives. (a) Except with respect to 02 limited benefit health care insurance or health care insurance purchased by a religious 03 employer, a health care insurer that offers, issues for delivery, delivers, or renews in 04 this state a health care insurance plan that provides coverage for prescription drugs on 05 an outpatient basis shall provide coverage for any prescribed drug or device approved 06 by the United States Food and Drug Administration for use as a contraceptive. The 07 coverage required under this section is subject to standard policy provisions applicable 08 to other benefits, including deductible or copayment provisions, within the constraints 09 of (b) of this section. 10 (b) An insurer may not impose on a person receiving prescription 11 contraceptive benefits a 12 (1) copayment, coinsurance payment, or fee that is not equally 13 imposed on all individuals in the same benefit category, class, coinsurance level, or 14 copayment level receiving benefits for prescription drugs; or 15 (2) reduction in allowable reimbursement for prescription drug 16 benefits. 17 (c) This section may not be construed to 18 (1) require coverage for prescription coverage benefits in a contract, 19 policy, or plan that does not otherwise provide coverage for prescription drugs; 20 (2) preclude the use of closed formularies if the formularies include 21 oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription 22 barrier methods; 23 (3) require an insurer to provide coverage for abortion. 24 (d) A health care insurance plan that, under (a) of this section, is exempt from 25 providing coverage for contraceptives must contain a written notice that prescription 26 contraceptives are not included under the policy. 27 (e) In this section, 28 (1) "limited benefit health care insurance" means accident and sickness 29 insurance designed, advertised, and marketed to supplement major medical insurance, 30 including accident only, Civilian Health and Medical Program of the Uniformed 31 Services (CHAMPUS) supplement, dental, disability income, fixed indemnity, long-
01 term care, Medicare supplement, specific disease, vision, and other accident and 02 sickness insurance other than basic hospital expense, basic medical-surgical expense, 03 or major medical insurance; 04 (2) "religious employer" means an employer 05 (A) with a primary purpose of instilling religious principles; 06 (B) that primarily employs individuals who share the religious 07 principles of the employer; 08 (C) that primarily serves individuals who share the employer's 09 religious principles; and 10 (D) that does not receive public funding.