FDA-Approved Prescription Contraceptive Drugs and Devices (Rhode Island mandate)
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Defines state-mandated coverage guidelines for FDA-approved prescription contraceptive drugs and devices for BCBSRI products (applicable to plans that do not include Preventive Services), including coverage for BlueCHiP Commercial and included for BlueCHiP for Medicare in this policy. Notes variations by benefit booklet and self-funded groups.
No material clinical or coverage changes noted in this release.
Coverage Summary
This policy implements Rhode Island General Law 27-20-43 requiring coverage of FDA-approved prescription contraceptive drugs and devices for health plans that provide prescription coverage and are delivered, issued for delivery, or renewed in Rhode Island. It applies only to plans that do not include Preventive Services and notes that benefits may vary by benefit booklet, Evidence of Coverage, or subscriber agreement.
The policy covers FDA-approved prescription contraceptives for BlueCHiP Commercial members and, notwithstanding that state mandated benefits generally do not apply to BlueCHiP for Medicare, this policy includes coverage for BlueCHiP for Medicare. It also states that self-funded groups may choose whether to follow the state mandate, so contract-level variations and exceptions can occur.
Coverage Criteria (mandated conditions & exclusions)
General Coverage Criteria per Rhode Island Mandate
Covered when ALL of the following are met:
ALL of the following
- Product is FDA-approved contraceptive drug or device that requires a prescription
- Member's plan provides prescription coverage and is delivered, issued for delivery, or renewed in Rhode Island
Emergency Contraception (EC)
Age-based coverage
- EC is covered under pharmacy benefit for individuals 17 years of age and under and requires a prescription
Examples: Plan B and Next Choice; covered under member's pharmacy benefit
- EC is not covered for individuals 17 years of age and older as it is an over-the-counter (OTC) product
Not covered under this policy for >=18
Over-the-counter Contraceptive Supplies
Religious Employer Exemption
Religious employers invoking exemption must provide written notice to prospective enrollees prior to enrollment listing contraceptive services refused
Coding
| 11976 | Removal, implantable contraceptive capsules |
| 11981 | Insertion, non-biodegradable drug delivery implant |
| 57170 | Diaphragm or cervical cap fitting with instructions |
| 58300 | Insertion of intrauterine device (IUD) |
| 58301 | Removal of intrauterine device (IUD) |
| A4261 | Cervical cap for contraceptive use |
| A4266 | Diaphragm for contraceptive use |
| J1050 | Injection, medroxyprogesterone acetate, 1 mg |
| J7296 | Levonorgestrel-releasing IUS (Kyleena), 19.5 mg (New Code Effective 1/1/2018) |
| J7297 | Levonorgestrel-releasing IUS, 52mg, 3 year duration (Liletta) |
| A4264 | Permanent implantable contraceptive intratubal occlusion device and delivery system (not separately reimbursed for all BCBSRI products) |
Provider Actions & Billing Rules
Prior Authorization Not Required
Prior authorization review is not required for FDA-approved prescription contraceptive drugs and devices under this policy.
Religious employer notice requirement
If a religious employer invokes the exemption, they must provide written notice to prospective enrollees prior to enrollment listing the contraceptive health care services the employer refuses to cover for religious reasons.
Background
Rhode Island General Law 27-20-43 requires every individual or group health insurance contract, plan, or policy that provides prescription coverage and is delivered, issued for delivery, or renewed in Rhode Island to provide coverage for FDA-approved contraceptive drugs and devices requiring a prescription. The statute explicitly states that nothing in the subsection shall be deemed to mandate coverage for the prescription drug RU-486 (mifepristone).
The law also permits a religious employer exemption: a medical service corporation may issue to a religious employer an individual or group health plan that excludes coverage for prescription contraceptive methods contrary to the employer’s bona fide religious tenets. Any religious employer that invokes this exemption must provide written notice to prospective enrollees prior to enrollment listing the contraceptive services the employer refuses to cover. The policy notes that benefits may vary by group/contract and that self-funded groups may or may not follow the state mandate. Additionally, prior authorization is not required for FDA-approved prescription contraceptive drugs and devices under this policy.
Definitions
Revision History
Policy effective date (origin) per brief: 2001-01-01.
Policy last reviewed on 2018-01-02 (most recent review).
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