SENATE DOCKET, NO. 1728 FILED ON: 1/5/2009
SENATE . . . . . . . . . . . . . . . No. 1025
The Commonwealth of Massachusetts
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PRESENTED BY:
Scott P. Brown
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To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act further regulating appeals under the Group Insurance Commi
ssion
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PETITION OF:
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Name:
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District/Address:
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Scott P. Brown
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Norfolk, Bristol and Middlesex
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Mr. Hedlund
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Plymouth and Norfolk
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Mr. Knapik
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Second Hampden and Hampshire
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Mr. Tarr
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First Essex and Middlesex
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Mr. Tisei
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Middlesex and Essex
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Todd
M. Smola
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1st Hampden
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Christine E. Canavan
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10th Plymouth
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[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. S01461 OF .]
The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act further
regulating appeals under the Group Insurance Commission.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 32A of the General Laws is hereby by amende
d inserting the following section
:-
Section 17J. Any person, who is dispensed a non-formulary or non-preferred brand name prescription drug, as determined under a pharmaceutical drug program established by the commission or through a pharmacy benefit manag
er contracted by the commission, may appeal that determination to the commission; and upon the submission of a statement by the person’s physician that, due to a medical necessity, only the non-formulary, or non-preferred brand name prescription drug can b
e dispensed, the person shall pay for the drug at the same rate required for the formulary or preferred brand name prescription drugs under such pharmaceutical drug program.