(1) As used in this section, “long-term drug” means an enrollee‘s prescription drug where the prescription has been active for at least 180 days with the health benefit plan.

Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 31A-22-661

  • Enrollee: includes an insured. See Utah Code 31A-1-301
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
(2)

     (2)(a) Except as provided in Subsection (2)(b), before a health benefit plan requires an enrollee to change from a prescribed long-term drug to another drug, the health benefit plan shall:

          (2)(a)(i) at least 30 days before the day on which the health benefit plan will require the enrollee to change from the long-term drug to another drug, provide notice that the health benefit plan will require the individual to change to another drug; and
          (2)(a)(ii) provide a justification for the change upon request.
     (2)(b) Subsection (2)(a) does not apply if:

          (2)(b)(i) the change requires the individual to try a generic or a biosimilar of the long-term drug; or
          (2)(b)(ii) the long-term drug is not on the health benefit plan’s formulary.
(3) A health benefit plan shall provide an enrollee a justification as to why an enrollee must try a certain drug before a health benefit plan will cover a different prescribed drug.
(4) This section does not apply to a drug that is provided under the health benefit plan’s medical benefit.