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SECOND REGULAR SESSION
HOUSE BILL NO. 3418
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE GALLICK.
7201H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 376.392, RSMo, and to enact in lieu thereof one new section relating to
prescription drug coverage.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 376.392, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 376.392, to read as follows:
376.392. 1. As used in this section, the terms "enr ollee", "health benefit plan",
2 and "health carrier" shall have the same meanings given to the terms in section
3 376.1350, and the term "pharmacy benefits manager" shall have the same meaning
4 given to the term in section 376.388.
5 2. For any health carrier or health benefit plan[, as defined in section 376.1350,] that
6 provides prescription drug coverage or contracts with a third-party for prescription drug
7 services, the health carrier or health benefit plan shall notify enrollees presently taking a
8 prescription drug electronically , or in writing, upon request of the enrollee, at least thirty days
9 prior to any deletions, other than generic substitutions, in the health carrier's or health benefit
10 plan's prescription drug formulary that af fect such enrollees.
11 3. Notwithstanding the provi sions of sections 376.2030 to 376.2036 or any other
12 pr ovision of law to the contrary , a pharmacy benefits manager shall not requ ire an
13 enr ollee who has been taking a particular pr escription drug for mor e than one year and
14 who received coverage of that drug under the enro llee's health benefit plan to take a
15 differ ent drug in order to recei ve coverage under the enr ollee's health benefit plan.
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EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.