AN ACT
ENTITLED, An Act to
provide for uniform prescription drug information cards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Any health benefit plan that provides coverage for prescription drugs or devices on an outpatient basis, or administers such a plan, including third-party administrators for self-insured plans and state-administered plans, shall issue to its primary insured a card or other technology containing uniform prescription drug information. The director of the Division of Insurance shall prescribe the format and elements of information for the uniform prescription drug information card or technology and shall consider the format and elements of information approved by the National Council for Prescription Drug Programs (NCPDP) and the required and conditional or situational fields and the most recent pharmacy identification card or technology implementation guide produced by NCPDP. A health benefit plan is not required to issue a pharmacy identification card separate from another identification card issued to an insured under the health benefit plan if the identification card contains the elements of information required by the Division of Insurance.
Section 2. A health benefit plan shall issue a card or other technology required by section 1 of this Act upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director of the Division of Insurance. However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year. Newly issued cards or technology shall be updated with the latest coverage information and the director of the Division of Insurance shall consider the NCPDP standards then in effect and the implementation guide then in use.
Section 3. As used in this Act, the term, health benefit plan, means an accident and health insurance policy or certificate; a nonprofit hospital or medical service corporation contract; a health maintenance organization subscriber contract; a plan provided by a multiple employer welfare
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Any health benefit plan that provides coverage for prescription drugs or devices on an outpatient basis, or administers such a plan, including third-party administrators for self-insured plans and state-administered plans, shall issue to its primary insured a card or other technology containing uniform prescription drug information. The director of the Division of Insurance shall prescribe the format and elements of information for the uniform prescription drug information card or technology and shall consider the format and elements of information approved by the National Council for Prescription Drug Programs (NCPDP) and the required and conditional or situational fields and the most recent pharmacy identification card or technology implementation guide produced by NCPDP. A health benefit plan is not required to issue a pharmacy identification card separate from another identification card issued to an insured under the health benefit plan if the identification card contains the elements of information required by the Division of Insurance.
Section 2. A health benefit plan shall issue a card or other technology required by section 1 of this Act upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director of the Division of Insurance. However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year. Newly issued cards or technology shall be updated with the latest coverage information and the director of the Division of Insurance shall consider the NCPDP standards then in effect and the implementation guide then in use.
Section 3. As used in this Act, the term, health benefit plan, means an accident and health insurance policy or certificate; a nonprofit hospital or medical service corporation contract; a health maintenance organization subscriber contract; a plan provided by a multiple employer welfare
arrangement; or a plan provided by another benefit arrangement, to the extent permitted by the
Employee Retirement Income Security Act of 1974, as amended to January 1, 2001, or by any waiver
of or other exception to that Act provided under federal law or regulation. The term does not apply
to any plan, policy, or contract that provides coverage only for:
(1) Accident;
(2) Credit;
(3) Disability income;
(4) Specified disease;
(5) Dental;
(6) Vision;
(7) Coverage issued as a supplement to liability insurance;
(8) Medical payments under automobile or homeowners;
(9) Insurance under which benefits are payable with or without regard to fault and that is
statutorily required to be contained in any liability policy or equivalent self-insurance;
(10) Hospital income or indemnity;
(11) Long-term care; and
(12) Medicare supplement.
Section 4. This Act applies to health benefit plans that are delivered, issued for delivery, or renewed on and after July 1, 2002. For purposes of this Act, renewal of a health benefit policy, contract, or plan is presumed to occur on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan.
Section 5. The director of insurance shall enforce the provisions of this Act. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in the state following the
An Act to provide for uniform prescription drug information cards.
Section 4. This Act applies to health benefit plans that are delivered, issued for delivery, or renewed on and after July 1, 2002. For purposes of this Act, renewal of a health benefit policy, contract, or plan is presumed to occur on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan.
Section 5. The director of insurance shall enforce the provisions of this Act. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in the state following the
standards established in sections 1 and 2 of this Act.
An Act to provide for uniform prescription drug information cards.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
87
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____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
87
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
