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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-205 SO AS TO PROVIDE THAT HEALTH INSURANCE POLICIES THAT INCLUDE PRESCRIPTION DRUG BENEFITS MUST COVER MEDICATION THAT IS NOT ON THE POLICY'S APPROVED MEDICATION LIST IF THE INSURED'S PHYSICIAN CERTIFIES THAT THE MEDICATION IS NECESSARY FOR THE TREATMENT OF THE INSURED'S SPECIFIC CONDITION AND THAT NO OTHER MEDICATION ON THE APPROVED LIST IS ACCEPTABLE FOR TREATMENT OF THE INSURED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-205. If an individual or group health insurance policy provides prescription drug benefits, the policy must cover a medication that is not on the policy's approved list of medications if the insured's physician certifies:
(1) the medication is necessary for the treatment of the insured's specific condition; and
(2) no other medication, including generic drugs, on the approved medication list is acceptable for treatment of the insured."
SECTION 2. This act takes effect upon approval by the Governor.
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