§ 58-3-177. Uniform prescription drug identification cards.
§58‑3‑177. Uniform prescription drug identification cards.
(a) Every healthbenefit plan that provides coverage for prescription drugs or devices and thatissues a prescription drug card, shall issue to its insureds a uniformprescription drug identification card. The uniform prescription drugidentification card shall contain the information listed in subdivisions (1)through (7) of this subsection in the following order beginning at the top leftmargin of the card:
(1) The health benefitplan's name and/or logo.
(2) The AmericanNational Standards Institute assigned Issuer Identification Number.
(3) The processorcontrol number.
(4) The insured's groupnumber.
(5) The health benefitplan's card issuer identifier.
(6) The insured'sidentification number.
(7) The insured's name.
(b) In addition to theinformation required under subsection (a), the uniform prescription drug cardshall contain, in one of the lower‑most elements on the back side of thecard, the following information:
(1) The health benefitplan's claims submission name and address.
(2) The health benefitplan's help desk telephone number and name.
Nothing in this section shallrequire a health benefit plan to violate a contractual agreement, service markagreement, or trademark agreement.
(c) A new uniformprescription drug identification card as required under subsection (a) of thissection shall be issued annually by a health benefit plan if there has been anychange in the insured's coverage in the previous 12 months. A change in theinsured's coverage shall include, but is not limited to, the addition ordeletion of a dependent of the insured covered by a health benefit plan.
(d) Not later thanJanuary 1, 2003, the uniform prescription drug identification card providedunder subsection (a) of this section shall contain one of the following mediumscapable of the processing or adjudicating of a claim through electronicverification:
(1) A magnetic strip.
(2) A bar code.
(3) Any new technologyavailable that is capable of processing or adjudicating a claim by electronicverification.
(e) As used in thissection, "health benefit plan" means an accident and health insurancepolicy or certificate; a nonprofit hospital or medical service corporationcontract; a health maintenance organization subscriber contract; a planprovided by a multiple employer welfare arrangement; or a plan provided byanother benefit arrangement, to the extent permitted by the Employee RetirementIncome Security Act of 1974, as amended, or by any waiver of or other exceptionto that Act provided under federal law or regulation. "Health benefitplan" does not mean any of the following kinds of insurance:
(1) Accident.
(2) Credit.
(3) Disability income.
(4) Long‑term ornursing home care.
(5) Medicare supplement.
(6) Specified disease.
(7) Dental or vision.
(8) Coverage issued as asupplement to liability insurance.
(9) Workers'compensation.
(10) Medical paymentsunder automobile or homeowners.
(11) Insurance under whichbenefits are payable with or without regard to fault and that is statutorilyrequired to be contained in any liability policy or equivalent self‑insurance.
(12) Hospital income orindemnity.
(f) This section shallnot apply to an entity that has its own facility and employs or contracts withphysicians, pharmacists, nurses, and other health care personnel, to the extentthat the entity dispenses prescription drugs or devices from its own pharmaciesto its employees and to enrollees of its health benefit plan. This section doesnot apply to a health benefit plan that issues a single identification card toits insureds for all services covered under the plan. (1999‑343,s. 1.)