Sec. 70305. Requiring prescription drug refill notifications during emergencies
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Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, that provides benefits for prescription drugs under such plan or such coverage shall provide to each individual enrolled under such plan or such coverage who resides in an emergency area during an emergency period, not later than 5 business days after the date of the beginning of such period with respect to such area (or, the case of the emergency period described in section 70305(d)(2) of the Take Responsibility for Workers and Families Act, not later than 5 business days after the date of the enactment of this section), a notification— of whether such plan or coverage will waive, during such period with respect to such an individual, any time restrictions under such plan or coverage on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan or coverage; and in the case that such plan or coverage will waive such restrictions during such period with respect to such an individual, that contains information on how such an individual may obtain such a refill.
For purposes of this section, an emergency area is a geographical area in which, and an emergency period is the period during which, there exists— an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. . The table of contents of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 714 the following:
Sec. 715. Additional market reforms. Sec. 716. Provision of prescription drug refill notifications during emergencies. . Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq.) is amended by adding at the end the following new section: A group health plan, and a health insurance issuer offering group or individual health insurance coverage, that provides benefits for prescription drugs under such plan or such coverage shall provide to each individual enrolled under such plan or such coverage who resides in an emergency area during an emergency period, not later than 5 business days after the date of the beginning of such period with respect to such area (or, the case of the emergency period described in section 70305(d)(2) of the Take Responsibility for Workers and Families Act, not later than 5 business days after the date of the enactment of this section), a notification— of whether such plan or coverage will waive, during such period with respect to such an individual, any time restrictions under such plan or coverage on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan or coverage; and in the case that such plan or coverage will waive such restrictions during such period with respect to such an individual, that contains information on how such an individual may obtain such a refill.
For purposes of this section, an emergency area is a geographical area in which, and an emergency period is the period during which, there exists— an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and a public health emergency declared by the Secretary pursuant to section 319. . Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
A group health plan that provides benefits for prescription drugs under such plan shall provide to each individual enrolled under such plan who resides in an emergency area during an emergency period, not later than 5 business days after the date of the beginning of such period with respect to such area (or, the case of the emergency period described in section 70305(d)(2) of the Take Responsibility for Workers and Families Act, not later than 5 business days after the date of the enactment of this section), a notification— of whether such plan will waive, during such period with respect to such an individual, any time restrictions under such plan on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan; and in the case that such plan will waive such restrictions during such period with respect to such an individual, that contains information on how such an individual may obtain such a refill.
For purposes of this section, an emergency area is a geographical area in which, and an emergency period is the period during which, there exists— an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. . The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
Sec. 9816. Provision of prescription drug refill notifications during emergencies. . The amendments made by this section shall apply with respect to— emergency periods beginning on or after the date of the enactment of this Act; and the emergency period relating to the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus .
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- 42 USC 300gg–11
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Sec. 70305
Requiring prescription drug refill notifications during emergencies
Cite42 USC 300gg–11
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