To enact sections 1751.661, 3923.602, and 3923.611 of the Revised Code to require certain insurers to provide notification of changes to their prescription drug coverage to all network health care providers, network pharmacies, network pharmacists, and insureds, and to specify when the change may apply.

Section 1. That sections 1751.661, 3923.602, and 3923.611 of the Revised Code be enacted to read as follows:

Sec. 1751.661.  (A) No health insuring corporation shall remove a prescription drug from its formulary, move a covered prescription drug to a higher copay tier, interchange a prescription drug, or add utilization management requirements for a prescription drug without providing prior notice in writing to all network health care providers, network pharmacies, network pharmacists, and enrollees covered under any affected policy, contract, or agreement. The notice shall specify that the change will become effective as described in division (B) of this section.

(B) Notwithstanding section 3901.71 of the Revised Code, if a health insuring corporation makes any of the changes listed in division (A) of this section, the change shall become effective on the renewal date of the enrollee's policy, contract, or agreement.

(C) As used in this section:

(1) "Formulary" means the list of prescription drugs covered under the policy, contract, or agreement.

(2) "Interchange" means to substitute one version of a prescribed drug for the drug originally prescribed including substituting a generic version for a brand-name version, a brand-name version for a generic version, a generic version by one manufacturer or a generic version by a different manufacturer, a different formulation of the same drug, or a different drug in the same class.

Sec. 3923.602.  (A) No sickness and accident insurer shall remove a prescription drug from its formulary, move a covered prescription drug to a higher copay tier, interchange a prescription drug, or add utilization management requirements for a prescription drug without providing prior notice in writing to all network health care providers, network pharmacies, network pharmacists, and insureds covered under any affected policy of sickness and accident insurance. The notice shall specify that the change will become effective as described in division (B) of this section.

(B) Notwithstanding section 3901.71 of the Revised Code, if a sickness and accident insurer makes any of the changes listed in division (A) of this section, the change shall become effective on the renewal date of the insured's policy.

(C) As used in this section:

(1) "Formulary" means the list of prescription drugs covered under the policy.

(2) "Interchange" means to substitute one version of a prescribed drug for the drug originally prescribed including substituting a generic version for a brand-name version, a brand-name version for a generic version, a generic version by one manufacturer or a generic version by a different manufacturer, a different formulation of the same drug, or a different drug in the same class.

Sec. 3923.611.  (A) No public employee benefit plan shall remove a prescription drug from its formulary, move a covered prescription drug to a higher copay tier, interchange a prescription drug, or add utilization management requirements for a prescription drug without providing prior notice in writing to all network health care providers, network pharmacies, network pharmacists, and plan members covered under any affected public employee benefit plan. The notice shall specify that the change will become effective as described in division (B) of this section.

(B) Notwithstanding section 3901.71 of the Revised Code, if a public employee benefit plan makes any of the changes listed in division (A) of this section, the change shall become effective on the renewal date of the plan member's plan.

(C) As used in this section:

(1) "Formulary" means the list of prescription drugs covered under the plan.

(2) "Interchange" means to substitute one version of a prescribed drug for the drug originally prescribed including substituting a generic version for a brand-name version, a brand-name version for a generic version, a generic version by one manufacturer or a generic version by a different manufacturer, a different formulation of the same drug, or a different drug in the same class.