CHAPTER 89 HOUSE BILL No. 2233* An Act enacting the uniform prescription drug information card act. Be it enacted by the Legislature of the State of Kansas:

      Section  1. This act shall be known and may be cited as the uniform
prescription drug information card act.

      Sec.  2. As used in this act:

      (a) ``Commissioner'' means the Kansas commissioner of insurance;

      (b) ``department'' means the Kansas department of insurance; and

      (c) ``health benefit plan'' shall have the meaning ascribed to such term
by subsection (1) of K.S.A. 40-2209d, and amendments thereto.

      Sec.  3. (a) A health benefit plan that provides coverage for prescrip-
tion drugs or devices and issues a card for claims processing and an ad-
ministrator of any such plan, including, but not limited to, a pharmacy
benefits manager and a third-party administrator shall issue a card con-
taining uniform prescription drug information to each person entitled to
such card under the health benefit plan. If required for claims adjudi-
cation, the uniform prescription drug information card shall specifically
identify and display the following information:

      (1) ANSI-BIN number;

      (2) processor control number or group number or both;

      (3) card issuer identifier;

      (4) prescription claims processor, if different from card issuer;

      (5) cardholder identification number;

      (6) cardholder or insured name;

      (7) claims submission names and addresses; and

      (8) help desk telephone numbers.

      (b) A uniform prescription drug information card shall be issued by
a health benefit plan to each person entitled to such card under the health
benefit plan upon enrollment and reissued upon any change in such per-
son's coverage that affects one or more mandatory data elements con-
tained on the card.

      (c) Notwithstanding the foregoing provision, any health benefit plan
or administrator of such plan may utilize, in lieu of such card, electronic
technology which contains all of the information required for claims ad-
judication, as long as such electronic technology is provided by the health
benefit plan or administrator of such plan to the pharmacies which will
adjudicate the prescription drug claims.

      Sec.  4. The uniform prescription drug information card may be used
for any and all coverage under a health benefit plan. Nothing in this act
shall be construed as requiring any person issuing a card for processing
of claims under a health benefit plan to issue a separate card for prescrip-
tion drug coverage, as long as the card is able to accommodate the infor-
mation necessary to process a prescription drug claim, as required by
section 3, and amendments thereto.

      Sec.  5. (a) This act shall apply to any health benefit plan that is
amended, delivered, issued or renewed on or after the effective date of
this act.

      (b) The commissioner may adopt rules and regulations that are nec-
essary to implement the provisions of this act.

      Sec.  6. This act shall be administered and enforced by the commis-
sioner in the same manner as is provided for administering and enforcing
the statutes regarding insurers' unfair methods of competition and unfair
or deceptive acts or practices, as provided by K.S.A. 40-2405, 40-2406,
40-2407, 40-2408 and 40-2411, and amendments thereto, and the com-
missioner shall have and may exercise the powers granted by K.S.A. 40-
2405, 40-2406, 40-2407, 40-2408 and 40-2411, and amendments thereto,
in administering and enforcing the provisions of this act.

 Sec.  7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2003.
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