08 LC
38 0499
Senate
Bill 338
By:
Senators Murphy of the 27th, Hawkins of the 49th, Thomas of the 54th, Heath of
the 31st, Williams of the 19th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia
Annotated, relating to general provisions relating to insurance generally, so as
to prohibit prior authorization for a prescription drug which a drug
manufacturer provides to a community pharmacy at the lowest price of a pricing
structure; to provide for definitions; to provide for related powers and duties;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating
to general provisions relating to insurance generally, is amended by adding a
new Code section to read as follows:
"33-24-59.13.
(a)
As used in this Code section, the term:
(1)
'Health benefit plan or policy' means any individual or group plan, policy, or
contract for health care services issued, delivered, issued for delivery, or
renewed in this state, including, but not limited to, by a health care
corporation, health maintenance organization, preferred provider organization,
accident and sickness insurer, fraternal benefit society, hospital service
corporation, medical service corporation, workers´ compensation insurance
carrier in accordance with Chapter 9 of Title 34, other insurer or similar
entity, the state health benefit plan under Article 1 of Chapter 18 of Title 45,
the medical assistance program under Article 7 of Chapter 4 of Title 49, the
PeachCare for Kids Program under Article 13 of Chapter 5 of Title 49, or any
other health benefit plan or policy administered by or on behalf of the state.
(2)
'Insurer' means a health care corporation, health maintenance organization,
preferred provider organization, accident and sickness insurer, fraternal
benefit society, hospital service corporation, medical service corporation,
workers´ compensation insurance carrier in accordance with Chapter 9 of
Title 34, managed care plan other than a dental plan, or any similar entity
authorized to issue contracts under Title 33 and shall also include the state
for purposes of the state health benefit plan under Article 1 of Chapter 18 of
Title 45, the medical assistance program under Article 7 of Chapter 4 of Title
49, the PeachCare for Kids Program under Article 13 of Chapter 5 of Title 49, or
any other health benefit plan or policy administered by or on behalf of the
state.
(3)
'Prescription drug' has the meaning provided by Code Section
26-4-5.
(b)
No health benefit plan or policy issued, delivered, issued for delivery, or
renewed in this state by an insurer shall require prior approval for a
prescription drug."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.