ME Insurance Bulletin 293
Drug Benefits in Standard and Basic Health Plans
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Bulletin 293
DRUG BENEFITS IN STANDARD AND BASIC HEALTH PLANS
Bureau of Insurance Rule 750 requires coverage of prescription drugs in Standard and Basic plans.
Questions have arisen as to the extent to which coverage of certain drugs may be limited when less
expensive alternatives are available. There are two ways in which such limitations may be applied.
1) For plans other than the Standard Indemnity plan, the 1998 amendments to the rule allow the use
of a formulary for which a special copayment may be used, midway between the copay for other
brand name drugs and the copay for generic drugs. This mid-level copayment is $25 for the Basic
plans and $10 for the Standard HMO plan. This provision does not apply to the Standard Indemnity
plan because that plan uses coinsurance percentages instead of fixed copayments.
2) Alternatively, if the plan includes utilization review procedures, as permitted by the rule, the plan
may require prior approval before certain specified drugs may be prescribed, or before brand-name
and/or non-formulary drugs may be prescribed for certain specified conditions. The prior approval may
be based on evidence that it is medically inappropriate to substitute a lower-cost alternative. However,
the utilization review procedure must comply with the requirements of Rule 850 and must be clearly
disclosed to those applying for or covered by the plan.
July 7, 1999
Alessandro A. Iuppa
Superintendent of Insurance
NOTE: This bulletin is intended solely for informational purposes. It is not intended to set forth legal
rights, duties or privileges nor is it intended to provide legal advice. Readers are encouraged to
consult applicable statutes and regulations and to contact the Bureau of Insurance if additional
information is needed.