                                 CODE OF VIRGINIA

COVERAGE FOR PRESCRIPTION CONTRACEPTIVES (§ 38.2-3407.5:1)

A. Each (i) insurer proposing to issue individual or group accident and sickness
insurance policies providing hospital, medical and surgical or major medical
coverage on an expense incurred basis; (ii) corporation providing individual or
group accident and sickness subscription contracts; and (iii) health maintenance
organization providing a health care plan for health care services, whose
policy, contract or plan, including any certificate or evidence of coverage
issued in connection with such policy, contract or plan, includes coverage for
prescription drugs on an outpatient basis, shall offer and make available
coverage thereunder for any prescribed drug or device approved by the United
States Food and Drug Administration for use as a contraceptive.

B. No insurer, corporation or health maintenance organization shall impose upon
any person receiving prescription contraceptive benefits pursuant to this
section any (i) copayment, coinsurance payment or fee that is not equally
imposed upon all individuals in the same benefit category, class, coinsurance
level or copayment level receiving benefits for prescription drugs, or (ii)
reduction in allowable reimbursement for prescription drug benefits.

C. The provisions of subsection A shall not be construed to:

   1. Require coverage for prescription coverage benefits in any contract, policy
   or plan that does not otherwise provide coverage for prescription drugs;

   2. Preclude the use of closed formularies, provided, however, that such
   formularies shall include oral, implant and injectable contraceptive drugs,
   intrauterine devices and prescription barrier methods; or

   3. Require coverage for experimental contraceptive drugs not approved by the
   United States Food and Drug Administration.

D. The provisions of this section shall not apply to short-term travel,
accident-only, limited or specified disease policies, or contracts designed for
issuance to persons eligible for coverage under Title XVIII of the Social
Security Act, known as Medicare, or any other similar coverage under state or
federal governmental plans, or to short-term nonrenewable policies of not more
than six months&#8217; duration.

E. The provisions of this section shall be applicable to contracts, policies or
plans delivered, issued for delivery or renewed in this Commonwealth on and
after July 1, 1997.

HISTORY: 1997, c. 748.