TITLE 27
Insurance
CHAPTER 27-55
Off-label Uses of Prescription Drugs
SECTION 27-55-2
§ 27-55-2 Prescription drug coverage.
(a) No health insurer issuing a policy which provides coverage for prescription
drugs shall exclude coverage of any drug used for the treatment of cancer on
the grounds that the drug has not been approved by the FDA for that indication,
provided that the drug is recognized for treatment of that indication in one of
the standard reference compendia, or in the medical literature. It is the
responsibility of the prescribing physician to submit to the insurer
documentation supporting the proposed off-label use or uses, if requested by
the issuer.
(b) Any coverage of a drug which serves as the primary
treatment required by this chapter shall also include medically necessary
services associated with the administration of the drug.
(c) No coverage is required under this chapter: (1) for any
drug which has not been fully licensed or approved by the FDA, (2) for the use
of any drug when the FDA has determined that use to be contraindicated, or (3)
for any experimental drug not approved for any indication by the FDA. The
provisions of this section apply to drugs used in the treatment for cancer only
and nothing in this section is construed to create, impair, alter, limit,
modify, enlarge, abrogate or prohibit reimbursement for medications used in the
treatment of any other disease or condition.
(d) Nothing in this section is construed to prevent the
application of contractual deductibles or co-payment provisions or managed care
review.
History of Section.
(P.L. 1994, ch. 339, § 1.)