HOUSE DOCKET, NO. 1549        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 903

The Commonwealth of Massachusetts

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PRESENTED BY:

Tricia Farley-Bouvier

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to prescription eye drops.

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PETITION OF:

HOUSE DOCKET, NO. 1549        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 903

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to prescription eye drops.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 176O of the General Laws, as appearing the 2010 Official Edition, is hereby amended by inserting after section 21, the following section:- 

Section 22.  (a) This section shall apply to:

(1) insurers and nonprofit health service plans that provide coverage for prescription eye drops under health insurance policies or contracts that are issued or delivered in the commonwealth; and

(2) health maintenance organizations that provide coverage for prescription eye drops under contracts that are issued or delivered in the commonwealth.

(b)  any insurer, nonprofit health service plan or health maintenance organization subject to this section shall provide coverage for a refill of prescription eye drops in accordance with guidance for early refills of topical ophthalmic products provided to medicare part D plan sponsors by the centers for medicare and Medicaid services, where:

(1) the prescribing health care practitioner indicates on the original prescription that additional quantities of the prescription eye drops are needed;

(2) the refill requested by the insured does not exceed the number of additional quantities indicated on the original prescription by the prescribing health care practitioner; and

(3) the prescription eye drops prescribed by the health care practitioner are a covered benefit under the policy of contract of the insured.

(c)  This section shall apply to all policies, contracts, and health benefit plans issued, delivered, or renewed in the commonwealth on or after January 1, 2014.