Miss. Code § 83-9-NEW-001

Current through 6/1/2024
Section 83-9-NEW-001 - [Newly enacted section not yet numbered] [Effective 7/1/2024] [Repealed Effective 6/30/2026] [Advanced, metastatic cancer and associated conditions - Impermissible limits on coverage]
(1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Associated conditions" means the symptoms or side effects associated with advanced, metastatic cancer or its treatment and which, in the judgment of the health care practitioner, further jeopardizes the health of a patient if left untreated.
(b) "Advanced, metastatic cancer" means cancer that has spread from the primary or original site of the cancer to nearby tissues, lymph nodes, or other areas or parts of the body.
(c) "Health benefit plan" means a policy, contract, certificate or agreement entered into, offered by or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(2) A health benefit plan that provides coverage for advanced, metastatic cancer and associated conditions may not require, before the health benefit plan provides coverage of a prescription drug approved by the United States Food and Drug Administration, that the enrollee:
(a) Fail to successfully respond to a different drug; or
(b) Prove a history of failure of a different drug.
(3) This section applies only to a drug the use of which is:
(a) Consistent with best practices for the treatment of advanced, metastatic cancer or an associated condition;
(b) Supported by peer-reviewed, evidence-based literature; and
(c) Approved by the United States Food and Drug Administration.

Miss. Code § 83-9-NEW-001

Repealed by Laws, 2024, ch. TBD, HB 1143,§ 3, eff. 6/30/2026.
Added by Laws, 2024, ch. TBD, HB 1143,§ 1, eff. 7/1/2024.