AN ACT TO ENACT THE PROTECTING PATIENT ACCESS TO PHYSICIAN-ADMINISTERED DRUGS ACT; TO STATE LEGISLATIVE INTENT; TO DEFINE CERTAIN TERMS; TO PROHIBIT A HEALTH INSURANCE ISSUER, PHARMACY BENEFIT MANAGER OR THE AGENT OF EITHER FROM REFUSING TO AUTHORIZE, APPROVE OR PAY A PARTICIPATING PROVIDER FOR PROVIDING COVERED PHYSICIAN-ADMINISTERED DRUGS AND RELATED SERVICES TO COVERED PERSONS; TO PROHIBIT A HEALTH INSURANCE ISSUER, PHARMACY BENEFIT MANAGER OR THE AGENT OF EITHER FROM REQUIRING A COVERED PERSON TO PAY ANY PENALTY OR ADDITIONAL FEE NOT OTHERWISE APPLICABLE TO COST-SHARING AMOUNTS PAYABLE BY THE COVERED PERSON TO OBTAIN THE PHYSICIAN-ADMINISTERED DRUG WHEN PROVIDED BY A PARTICIPATING PROVIDER; TO PROVIDE THAT ALL PROVIDER AGREEMENTS SHALL BE CONSTRUED TO INCLUDE A PROVISION THAT, WHEN ALL CRITERIA FOR MEDICAL NECESSITY ARE MET, THE DRUG AND ITS ADMINISTRATION SHALL BE PAYABLE IRRESPECTIVE OF WHETHER THE PARTICIPATING PROVIDER OBTAINS PHYSICIAN-ADMINISTERED DRUGS FROM A PHARMACY THAT IS NOT A PARTICIPATING PROVIDER IN THE HEALTH INSURANCE ISSUER'S NETWORK; TO PROVIDE PAYMENT RATES TO PARTICIPATING PROVIDERS; TO PROVIDE THAT CONTRACT PROVISIONS IN CONFLICT WITH THIS ACT SHALL BE NULL, VOID AND UNENFORCEABLE; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL BE CONSIDERED A VIOLATION OF THE CONSUMER PROTECTION ACT, AND SHALL SUBJECT THE VIOLATOR TO ANY AND ALL ACTIONS PROVIDED FOR IN THE CONSUMER PROTECTION ACT; TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 75-24-5
As Passed by the Senate: 75-24-5