(a) A policy, plan, or contract of workers' compensation insurance
issued under this chapter may not be issued, delivered, issued for
delivery, or renewed on or after July 1, 1990, and a certificate of
authority for a group self-insurance fund under Article 5 of this
chapter may not be issued or renewed on or after July 1, 1990, if
such policy, plan, contract, or fund requires that recipients of
benefits thereunder obtain pharmacy services, including but not
limited to prescription drugs, from an out-of-state mail order
pharmacy or which requires that such recipients who do not utilize
an out-of-state mail order pharmacy must pay a copayment fee or have
imposed any other condition for the receipt of pharmacy services
when that payment or condition is not imposed upon those recipients
who utilize an out-of-state mail order pharmacy for those services. (b) An employer who provides workers' compensation benefits as a
self-insurer under this chapter may not require that any recipient
of benefits under that self-insurance plan who becomes an employee
of that employer on or after July 1, 1990, and who obtains pharmacy
services under that plan, including but not limited to prescription
drugs, must obtain those services from an out-of-state mail order
pharmacy or must pay a copayment fee or have imposed any other
condition for the receipt of pharmacy services when that payment or
condition is not imposed upon those recipients who utilize an
out-of-state mail order pharmacy for those services. |