(a) (1) This section applies only to individual plans and small group plans. (2) The requirements in this section are in addition to and not in substitution of any other requirements of law related to prescription drug benefits. (b) (1) Except as provided in paragraph (2) of this subsection, an individual plan or a small group plan shall be considered to provide prescription drug essential health benefits only if the individual plan or small group plan complies with 45 C.F.R. § 156.122. (2) If the Commissioner adopts regulations as described in subsection (c) of this section, an individual plan or a small group plan shall be considered to provide prescription drug essential health benefits only if the individual plan or small group plan complies with the regulations adopted by the Commissioner. (c) To the extent necessary, the Commissioner shall adopt regulations that: (1) establish criteria to determine whether an individual plan or a small group plan provides prescription drug essential health benefit coverage; and (2) are consistent with 45 C.F.R. § 156.122 and any corresponding federal rules and guidance as those provisions were in effect December 31, 2024.
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