§432:1-604.5  Contraceptive services. 
(a)  Notwithstanding any provision of law to the contrary, each employer group
health policy, contract, plan, or agreement issued or renewed in this State on
or after January 1, 2000, shall cease to exclude contraceptive services or
supplies, and contraceptive prescription drug coverage for the subscriber or
any dependent of the subscriber who is covered by the policy, subject to the
exclusion under section 431:10A-116.7.



(b)  Except as provided in subsection (c), all
policies, contracts, plans, or agreements under subsection (a), that provide
contraceptive services or supplies, or prescription drug coverage, shall not
exclude any prescription contraceptive supplies or impose any unusual
copayment, charge, or waiting requirement for such drug or device.



(c)  Coverage for contraceptives shall include
at least one brand from the monophasic, multiphasic, and the progestin-only
categories.  A member shall receive coverage for any other oral contraceptive
only if:



(1)  Use of brands covered has resulted in an adverse
drug reaction; or



(2)  The member has not used the brands covered and,
based on the member's past medical history, the prescribing health care
provider believes that use of the brands covered would result in an adverse
reaction.



(d)  For purposes of this section:



"Contraceptive services" means
physician-delivered, physician-supervised, physician assistant-delivered, nurse
practitioner-delivered, certified nurse midwife-delivered, or nurse-delivered
medical services intended to promote the effective use of contraceptive
supplies or devices to prevent unwanted pregnancy.



"Contraceptive supplies" means all
Food and Drug Administration-approved contraceptive drugs or devices used to
prevent unwanted pregnancy.



(e)  Nothing in this section shall be construed
to extend the practice or privileges of any health care provider beyond that
provided in the laws governing the provider's practice and privileges. [L 1993,
c 365, §2; am L 1999, c 267, §3]