§ 23-79-1104 - Extraordinary surcharges prohibited.
23-79-1104. Extraordinary surcharges prohibited.
(a) No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any:
(1) 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
(2) Reduction in allowable reimbursement for prescription drug benefits.
(b) This subchapter 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) (A) Preclude the use of closed formularies.
(B) However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or
(3) Require any religious employer to comply with this subchapter.