Tennessee § 56-7-2359 - Pharmacy and pharmacy access.

§ 56-7-2359. Pharmacy and pharmacy access.

No health insurance issuer and no managed health insurance issuer may: Deny any licensed pharmacy or licensed pharmacist the right to participate as a participating provider in any policy, contract or plan on the same terms and conditions as are offered to any other provider of pharmacy services under the policy, contract or plan; provided, that nothing in this subdivision (a)(1) shall prohibit a managed health insurance issuer or health insurance issuer from establishing rates or fees that may be higher in nonurban areas, or in specific instances where a managed health insurance issuer or health insurance issuer determines it necessary to contract with a particular provider in order to meet network adequacy standards or patient care needs; and Prevent any person who is a party to or beneficiary of any policy, contract or plan from selecting a licensed pharmacy of the person's choice to furnish the pharmaceutical services offered under any contract, policy or plan; provided, that the pharmacy is a participating provider under the same terms and conditions of the contract, policy or plan as those offered any other provider of pharmacy services. Notwithstanding any provision of this chapter to the contrary, a health insurance issuer or managed health insurance issuer may restrict an abusive or heavy utilizer of pharmacy services to a single pharmacy provider for nonemergency services, so long as the individual to be restricted has been afforded the opportunity to participate in the process of selection of the pharmacy to be used, or has been given the right to change the pharmacy to be used to another participating provider of pharmacy services prior to the restriction becoming effective. After a restriction is effective, the individual so restricted shall have the right to change a pharmacy assignment based on geographic changes in residence or if the member's needs cannot be met by the currently assigned pharmacy provider. If a managed health insurance issuer or health insurance issuer revises its drug formulary to remove a drug from a previously approved formulary, the health insurance issuer or managed health insurance issuer shall allow a subscriber or enrollee an opportunity to file a grievance relative to the decision to remove the drug. The grievance must be filed within sixty (60) days after notification to the provider that the drug is being removed. If the grievance is filed with a managed health insurance issuer or health insurance issuer within ten (10) days after the subscriber or enrollee knows or should have known that the drug is being removed, the subscriber or enrollee may continue to receive the drug that is being removed from the formulary until the managed health insurance issuer or health insurance issuer completes the grievance process. This subsection (c) shall not apply to any drug removed from a previously approved formulary when the reason for the removal is due to patient care concerns or other potentially detrimental effects of the drug. Nothing contained in this section shall be construed or interpreted as applying to the TennCare programs administered pursuant to the waivers approved by the federal department of health and human services. As used in this section, “managed health insurance issuer” has the same meaning as defined in § 56-32-128(a). Each health insurance issuer or managed health insurance issuer shall apply the same coinsurance, co-payment, deductible and quantity limit factors within the same employee group and other plan-sponsored groups to all drug prescriptions filled by any licensed pharmacy provider, whether by a retail provider or a mail service provider; provided, that all pharmacy providers comply with the same terms and conditions. Nothing in this section shall be construed to prohibit the health insurance issuer or managed health insurance issuer from applying different co-insurance, co-payment, and deductible factors within the same employer group and other plan-sponsored groups between generic and brand-name drugs nor prohibit an employer or other plan-sponsored group from offering multiple options or choices of health insurance benefit plans, including, but not limited to, cafeteria benefit plans. Acts 1998, ch. 1033, § 9; 2001, ch. 236, §§ 2-8. Compiler's Notes. Acts 2001, ch. 236, § 9 provides that the provisions of § 56-7-2359 shall not apply to health plans preempted from state regulation by the Employee Retirement Income Security Act of 1974 (“ERISA”) (P.L. 93-406, which is codified in 29 U.S.C. § 1001 et seq.) Cross-References. Standardized pharmacy benefit identification card, § 56-7-2361 . Attorney General Opinions. This section cannot reasonably be interpreted to apply to the state insurance committees when defining the benefits for the state loans, OAG 04-001, 2003 Tenn. AG LEXIS 189 (1/06/04). This section and T.C.A. § 56-7-117 do not apply to a local governmental entity defining benefits to be offered under its self-funded employee health plan, OAG 04-001, 2003 Tenn. AG LEXIS 189 (1/06/04). T.C.A § 56-7-2359 , is not applicable to a contract between the department of finance and administration and Express Scripts, Inc., OAG 05-123, 2005 Tenn. AG LEXIS 125 (8/8/05). Applicability, OAG 14-71, 2014 Tenn. AG Lexis 73 (7/16/14)