58-51-59. Coverage of certain prescribed drugs for cancer treatment.
(a) No policy or contract of accident or health insurance, and no preferred provider benefit plan under G.S. 58-50-56, that is issued, renewed, or amended on or after January 1, 1994, and that provides coverage for prescribed drugs approved by the federal Food and Drug Administration for the treatment of certain types of cancer shall exclude coverage of any drug on the basis that the drug has been prescribed for the treatment of a type of cancer for which the drug has not been approved by the federal Food and Drug Administration. The drug, however, must be approved by the federal Food and Drug Administration and must have been proven effective and accepted for the treatment of the specific type of cancer for which the drug has been prescribed in any one of the following established reference compendia:
(1) The National Comprehensive Cancer Network Drugs & Biologics Compendium;
(2) The ThomsonMicromedex DrugDex;
(3) The Elsevier Gold Standard's Clinical Pharmacology; or
(4) Any other authoritative compendia as recognized periodically by the United States Secretary of Health and Human Services.
(b) Notwithstanding subsection (a) of this section, coverage shall not be required for any experimental or investigational drugs or any drug that the federal Food and Drug Administration has determined to be contraindicated for treatment of the specific type of cancer for which the drug has been prescribed.
(c) This section shall apply only to cancer drugs and nothing in this section shall be construed, expressly or by implication, to create, impair, alter, limit, notify, enlarge, abrogate, or prohibit reimbursement for drugs used in the treatment of any other disease or condition. (1993, c. 506, s. 4.1; 1997-519, s. 3.5; 2009-170, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 51 - Nature of Policies.
§ 58-51-1 - Form, classification and rates to be approved by Commissioner.
§ 58-51-10 - Right to return policy and have premium refunded.
§ 58-51-15 - Accident and health policy provisions.
§ 58-51-16 - Intoxicants and narcotics.
§ 58-51-17 - Portability for accident and health insurance.
§ 58-51-30 - Policies to cover newborn infants, foster children, and adopted children.
§ 58-51-37 - Pharmacy of choice.
§ 58-51-37.1 - Lock-in program for certain controlled substances.
§ 58-51-38 - Direct access to obstetrician-gynecologists.
§ 58-51-50 - Coverage for chemical dependency treatment.
§ 58-51-55 - No discrimination against mentally ill or chemically dependent individuals.
§ 58-51-57 - Coverage for mammograms and cervical cancer screening.
§ 58-51-58 - Coverage for prostate-specific antigen (PSA) tests.
§ 58-51-59 - Coverage of certain prescribed drugs for cancer treatment.
§ 58-51-60 - Meaning of term "preexisting conditions" in certain policies.
§ 58-51-61 - Coverage for certain treatment for diabetes.
§ 58-51-62 - Coverage for reconstructive breast surgery following mastectomy.
§ 58-51-63 - Coverage for abortions not allowed in plans offered through Exchange.
§ 58-51-65 - Industrial sick benefit insurance defined.
§ 58-51-70 - Industrial sick benefit insurance; provisions.
§ 58-51-75 - Blanket accident and health insurance defined.
§ 58-51-80 - Group accident and health insurance defined.
§ 58-51-81 - Group accident and health insurance for public school students.
§ 58-51-85 - Group or blanket accident and health insurance; approval of forms and filing of rates.
§ 58-51-90 - Definition of franchise accident and health insurance.
§ 58-51-95 - Approval by Commissioner of forms, classification and rates; hearing; exceptions.
§ 58-51-100 - Credit accident and health insurance.
§ 58-51-105 - Hospitalization insurance defined.
§ 58-51-110 - Renewal, discontinuance, or replacement of group health insurance.
§ 58-51-115 - Coordination of benefits with Medicaid.
§ 58-51-116 - ERISA plans may not require Medicaid to pay first.
§ 58-51-120 - Coverage of children.
§ 58-51-125 - Adopted child coverage.
§ 58-51-130 - Standards for disability income insurance policies.