Amendment No. 656

Assembly Amendment to Assembly Bill No. 60 (BDR 57-181)

Proposed by: Committee on Commerce and Labor

Amendment Box: Replaces Amendment No. 340.

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 1, by deleting lines 3 through 9 and inserting:

"Sec. 2. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for:

(a) Any type of drug or device for contraception; and

(b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.".

Amend sec. 2, page 2, line 17, by deleting "A" and inserting:

"Except as otherwise provided in subsection 5, a".

Amend sec. 2, page 2, line 22, after "4." by inserting:

"The provisions of this section do not:

(a) Require an insurer to provide coverage for fertility drugs.

(b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.

5. An insurer which offers or issues a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

6.".

Amend sec. 3, page 2, by deleting lines 24 through 30 and inserting:

"Sec. 3. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to contraceptives or hormone replacement therapy.".

Amend sec. 3, page 3, line 10, by deleting "A" and inserting:

"Except as otherwise provided in subsection 5, a".

Amend sec. 3, page 3, line 15, after "4." by inserting:

"The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.

5. An insurer which offers or issues such a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

6.".

Amend sec. 6, page 3, by deleting lines 27 through 33 and inserting:

"Sec. 6. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for:

(a) Any type of drug or device for contraception; and

(b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.".

Amend sec. 6, page 4, line 12, by deleting "A" and inserting:

"Except as otherwise provided in subsection 5, a".

Amend sec. 6, page 4, line 17, after "4." by inserting:

"The provisions of this section do not:

(a) Require an insurer to provide coverage for fertility drugs.

(b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.

5. An insurer which offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

7.".

Amend sec. 7, page 4, by deleting lines 19 through 25 and inserting:

"Sec. 7. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to contraceptives or hormone replacement therapy.".

Amend sec. 7, page 5, line 4, by deleting "A" and inserting:

"Except as otherwise provided in subsection 5, a".

Amend sec. 7, page 5, line 9, after "4." by inserting:

"The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.

5. An insurer which offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

7.".

Amend sec. 9, page 5, by deleting lines 13 through 19 and inserting:

"Sec. 9. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service which provides coverage for prescription drugs or devices shall include in the contract coverage for:

(a) Any type of drug or device for contraception; and

(b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.".

Amend sec. 9, page 5, line 40, by deleting "A" and inserting:

"Except as otherwise provided in subsection 5, a".

Amend sec. 9, page 6, line 3, after "4." by inserting:

"The provisions of this section do not:

(a) Require an insurer to provide coverage for fertility drugs.

(b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the contract.

5. An insurer which offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

7.".

Amend sec. 10, page 6, by deleting lines 5 through 11 and inserting:

"Sec. 10. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service which provides coverage for outpatient care shall include in the contract coverage for any health care service related to contraceptives or hormone replacement therapy.".

Amend sec. 10, page 6, line 32, by deleting "A" and inserting:

"Except as otherwise provided in subsection 5, a".

Amend sec. 10, page 6, line 37, after "4." by inserting:

"The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the contract.

5. An insurer which offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

7.".

Amend sec. 12, pages 6 and 7, by deleting lines 41 through 43 on page 6 and lines 1 through 4 on page 7, and inserting:

"Sec. 12. 1. Except as otherwise provided in subsection 5, a health maintenance organization which offers or issues a health care plan that provides coverage for prescription drugs or devices shall include in the plan coverage for:

(a) Any type of drug or device for contraception; and

(b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.".

Amend sec. 12, page 7, line 6, by deleting "maintenance" and inserting "care".

Amend sec. 12, page 7, by deleting lines 11 and 12 and inserting:

"(b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by".

Amend sec. 12, page 7, line 24, by deleting "Evidence" and inserting:

"Except as otherwise provided in subsection 5, evidence".

Amend sec. 12, page 7, line 29, after "4." by inserting:

"The provisions of this section do not:

(a) Require a health maintenance organization to provide coverage for fertility drugs.

(b) Prohibit a health maintenance organization from requiring an enrollee to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the enrollee is required to pay for other prescription drugs covered by the plan.

5. A health maintenance organization which offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the health maintenance organization objects on religious grounds. The health maintenance organization shall, before the issuance of a health care plan and before renewal of enrollment in such a plan, provide to the group policyholder or prospective enrollee, as applicable, written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection. The health maintenance organization shall provide notice to each enrollee, at the time the enrollee receives his evidence of coverage, that the health maintenance organization refused to provide coverage pursuant to this subsection.

6. If a health maintenance organization refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

7.".

Amend sec. 13, page 7, by deleting lines 31 through 40 and inserting:

"Sec. 13. 1. Except as otherwise provided in subsection 5, a health maintenance organization that offers or issues a health care plan which provides coverage for outpatient care

shall include in the plan coverage for any health care service related to contraceptives or hormone replacement therapy.

2. A health maintenance organization that offers or issues a health care plan that provides coverage for outpatient care shall not:".

Amend sec. 13, page 8, by deleting lines 3 and 4 and inserting:

"(b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by".

Amend sec. 13, page 8, line 16, by deleting "Evidence" and inserting:

"Except as otherwise provided in subsection 5, evidence".

Amend sec. 13, page 8, line 21, after "4." by inserting:

"The provisions of this section do not prohibit a health maintenance organization from requiring an enrollee to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the enrollee is required to pay for other outpatient care covered by the plan.

5. A health maintenance organization which offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the health maintenance organization objects on religious grounds. The health maintenance organization shall, before the issuance of a health care plan and before renewal of enrollment in such a plan, provide to the group policyholder or prospective enrollee, as applicable, written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection. The health maintenance organization shall provide notice to each enrollee, at the time the enrollee receives his evidence of coverage, that the health maintenance organization refused to provide coverage pursuant to this subsection.

6. If a health maintenance organization refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

7.".

Amend sec. 14, page 8, by deleting lines 41 and 42 and inserting:

"Medicaid [pursuant to a contract with the welfare division of the department of human resources.] under the state plan for Medicaid. This subsection does not exempt a health maintenance".

Amend sec. 14, page 9, by deleting lines 5 and 6 and inserting:

"managed care to recipients of Medicaid under the state plan for Medicaid.".

Amend the bill as a whole by deleting sec. 16 and renumbering sec. 17 as sec. 16.

Amend the bill as a whole by deleting sections 18 through 20.

Amend the title of the bill to read as follows:

"AN ACT relating to health care; requiring health insurers to include in certain policies of health insurance coverage for services and prescription drugs and devices related to contraceptives and hormone replacement therapy; providing a religious exemption for certain insurers; prohibiting certain health insurers from committing certain acts concerning coverage for services related to contraceptives and hormone replacement therapy; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning health care services related to contraceptives and hormone replacement therapy. (BDR 57-181)".