Substitute House Bill No. 7040
Substitute House Bill No. 7040
PUBLIC ACT NO. 97-167
AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR
PRESCRIPTION FOODS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) For purposes of this
section:
(1) "Inherited metabolic disease" means a
disease for which newborn screening is required
under section 19a-55 of the general statutes.
(2) "Low protein modified food product" means
a product formulated to have less than one gram of
protein per serving and intended for the dietary
treatment of an inherited metabolic disease under
the direction of a physician.
(3) "Amino acid modified preparation" means a
product intended for the dietary treatment of an
inherited metabolic disease under the direction of
a physician.
(b) Each individual health insurance policy
providing coverage of the type specified in
subdivisions (1), (2), (4), (6), (11) and (12) of
section 38a-469 of the general statutes delivered,
issued for delivery or renewed in this state on or
after October 1, 1997, shall provide coverage for
amino acid modified preparations and low protein
modified food products for the treatment of
inherited metabolic diseases if the amino acid
modified preparations or low protein modified food
products are prescribed for the therapeutic
treatment of inherited metabolic diseases and are
administered under the direction of a physician.
Sec. 2. (NEW) (a) For purposes of this
section:
(1) "Inherited metabolic disease" means a
disease for which newborn screening is required
under section 19a-55 of the general statutes.
(2) "Low protein modified food product" means
a product formulated to have less than one gram of
protein per serving and intended for the dietary
treatment of an inherited metabolic disease under
the direction of a physician.
(3) "Amino acid modified preparation" means a
product intended for the dietary treatment of an
inherited metabolic disease under the direction of
a physician.
(b) Each group health insurance policy
providing coverage of the type specified in
subdivisions (1), (2), (4), (6), (11) and (12) of
section 38a-469 of the general statutes delivered,
issued for delivery or renewed in this state on or
after October 1, 1997, shall provide coverage for
amino acid modified preparations and low protein
modified food products for the treatment of
inherited metabolic diseases if the amino acid
modified preparations or low protein modified food
products are prescribed for the therapeutic
treatment of inherited metabolic diseases and are
administered under the direction of a physician.
Sec. 3. Section 19a-59a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) FOR PURPOSES OF THIS SECTION:
(1) "INHERITED METABOLIC DISEASE" MEANS A
DISEASE FOR WHICH NEWBORN SCREENING IS REQUIRED
UNDER SECTION 19a-55.
(2) "LOW PROTEIN MODIFIED FOOD PRODUCT" MEANS
A PRODUCT FORMULATED TO HAVE LESS THAN ONE GRAM OF
PROTEIN PER SERVING AND INTENDED FOR THE DIETARY
TREATMENT OF AN INHERITED METABOLIC DISEASE UNDER
THE DIRECTION OF A PHYSICIAN.
(3) "AMINO ACID MODIFIED PREPARATION" MEANS A
PRODUCT INTENDED FOR THE DIETARY TREATMENT OF AN
INHERITED METABOLIC DISEASE UNDER THE DIRECTION OF
A PHYSICIAN.
[(a)] (b) Amino acid MODIFIED preparations and
[protein modified food] LOW PROTEIN MODIFIED FOOD
PRODUCTS for the treatment of [inborn errors of
metabolism, for use by infants, children or
pregnant women,] INHERITED METABOLIC DISEASE shall
be dispensed only upon the prescription of an
individual authorized to prescribe drugs within
this state. [For purposes of this section,
"protein modified food" means food specially
formulated to reduce the protein content to under
one gram of protein per serving and does not
include food naturally low in protein.]
[(b)] (c) Notwithstanding any other provision
of the general statutes, the Department of Public
Health, in carrying out its powers and duties
under this section, may, within available
appropriations, purchase prescribed special infant
formula, [and medical foods] AMINO ACID MODIFIED
PREPARATIONS AND LOW PROTEIN MODIFIED FOOD
PRODUCTS directly and without the issuance of a
purchase order.
Approved June 24, 1997