HB 178: "An Act requiring that the cost of contraceptives be included in certain health care insurance coverage."
00 HOUSE BILL NO. 178 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 2003. 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 District Court in Erickson v. Bartell Drug Company, 141 F. Supp. 2d 1266 (W.D. Wa. 2001), 12 and by the United States Equal Employment Opportunity Commission, by requiring certain 13 employers to provide or offer insurance coverage for the cost of prescription contraceptives 14 when coverage is offered for other prescription drugs.
01 * Sec. 3. AS 21.42 is amended by adding a new section to read: 02 Sec. 21.42.410. Coverage for contraceptives. (a) Except with respect to 03 limited benefit health care insurance or health care insurance purchased by a religious 04 employer, a health care insurer that offers, issues for delivery, delivers, or renews in 05 this state a health care insurance plan that provides coverage for prescription drugs on 06 an outpatient basis shall provide coverage for any prescribed drug or device approved 07 by the United States Food and Drug Administration for use as a contraceptive. The 08 coverage required under this section is subject to standard policy provisions applicable 09 to other benefits, including deductible or copayment provisions, within the constraints 10 of (c) of this section. 11 (b) A health care insurer that offers, issues for delivery, delivers, or renews in 12 this state health care insurance that provides coverage for an individual and that 13 includes coverage for prescription drugs on an outpatient basis shall offer coverage for 14 contraceptives as described under (a) of this section if contraceptive coverage is not 15 included in the health care insurance plan. 16 (c) An insurer may not impose on a person receiving prescription 17 contraceptive benefits a 18 (1) copayment, coinsurance payment, or fee that is not equally 19 imposed on all individuals in the same benefit category, class, coinsurance level, or 20 copayment level receiving benefits for prescription drugs; or 21 (2) reduction in allowable reimbursement for prescription drug 22 benefits. 23 (d) This section may not be construed to 24 (1) require coverage for prescription coverage benefits in a contract, 25 policy, or plan that does not otherwise provide coverage for prescription drugs; 26 (2) preclude the use of closed formularies if the formularies include 27 oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription 28 barrier methods; 29 (3) require an insurer to provide coverage for abortion. 30 (e) A health care insurance plan that, under (a) of this section, is exempt from 31 providing coverage for contraceptives must contain a written notice that prescription
01 contraceptives are not included under the policy. 02 (f) In this section, 03 (1) "limited benefit health care insurance" means accident and sickness 04 insurance designed, advertised, and marketed to supplement major medical insurance, 05 including accident only, Civilian Health and Medical Program of the Uniformed 06 Services (CHAMPUS) supplement, dental, disability income, fixed indemnity, long- 07 term care, Medicare supplement, specific disease, vision, and other accident and 08 sickness insurance other than basic hospital expense, basic medical-surgical expense, 09 or major medical insurance; 10 (2) "religious employer" means an employer 11 (A) with a primary purpose of instilling religious principles; 12 (B) that primarily employs individuals who share the religious 13 principles of the employer; 14 (C) that primarily serves individuals who share the employer's 15 religious principles; and 16 (D) that does not receive public funding.