Insurer Obligations for Early Prescription Refills During Emergencies

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Insurer Obligations for Early Prescription Refills During Emergencies

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  1. As used in this Code section, the term "health care insurer" means an insurer, a fraternal benefit society, a health care plan, or a health maintenance organization authorized under this title to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called.
  2. Every health care insurer licensed in this state that provides prescription medication coverage as part of a policy or contract shall waive time restrictions on prescription medication refills, which includes the suspension of electronic "refill too soon" limitations, to enable insureds or subscribers to refill prescriptions in advance and shall authorize payment to pharmacies for a 30 day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist, when the following conditions occur:
    1. The person seeking the prescription medication refill resides in a county or other area of this state that:
      1. Is declared to be under a state of emergency by executive order of the Governor; or
      2. Is under a hurricane warning issued by the National Weather Service; and
    2. The prescription medication has refills remaining and a refill is requested within 30 days after the origination date of the conditions described in paragraph (1) of this subsection or until such conditions are terminated by the issuing authority or no longer exist.
  3. The Commissioner may by directive as authorized in Code Section 33-2-10 extend the time restriction waiver on prescription medication refills described in subsection (b) of this Code section for 15 or 30 day increments and until such time as he or she determines such extensions are no longer necessary.
  4. Nothing in this Code section shall exempt any insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage.

(Code 1981, §33-24-59.28, enacted by Ga. L. 2020, p. 802, § 3/SB 391; Ga. L. 2020, p. 805, § 3/HB 791.)

Cross references.

- Dispensing of prescription drugs, § 26-4-80.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2020, Code Section 33-24-59.27 as enacted by Ga. L. 2020, p. 802, § 3/SB 391 and Ga. L. 2020, p. 805, § 3/HB 791 was redesignated as Code Section 33-24-59.28.

Editor's notes.

- Ga. L. 2020, p. 802, § 1/SB 391 and Ga. L. 2020, p. 805, § 1/HB 791, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Early Prescription Refills During Emergencies Act."'

Ga. L. 2020, p. 802, § 2/SB 391 and Ga. L. 2020, p. 805, § 2/HB 791, not codified by the General Assembly, provides that: The General Assembly finds that:

"(1) Prescription drug medications may be essential to the maintenance of life or the continuation of therapy for a Georgian with a chronic health condition;

"(2) During times of natural disaster, many Georgians experience significant delays obtaining necessary prescription medication refills; and

"(3) Delays in obtaining such medication may result in serious, undesirable health consequences."


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