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Commissioner’s Bulletin # B-0047-05

September 21, 2005

TO: ALL INSURERS LICENSED TO WRITE LIFE AND ACCIDENT AND HEALTH INSURANCE, ALL HEALTH MAINTENANCE ORGANIZATIONS, ALL LICENSED AGENTS, ALL THIRD PARTY ADMINISTRATORS, ALL UTILIZATION REVIEW AGENTS AND ALL MEWAS LICENSED IN TEXAS

RE: HURRICANE RITA - STATE OF EMERGENCY - NATURAL DISASTER - PRESCRIPTION MEDICATION COVERAGES

On September 20, 2005, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of Hurricane Rita, certifying that Hurricane Rita poses a threat of imminent disaster along the Texas Coast beginning September 20, 2005, and directing that all necessary measures both public and private as authorized under Section 418.015 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in Section 418.016 of the Texas Government Code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the incident.

Hurricane Rita is threatening the state, resulting in large scale evacuations. Because of the potential storm damage to local, regional and state-wide utilities and infrastructure, many insureds will be forced to evacuate their residence locations and health care service areas. Subject to oversight by the Texas State Board of Pharmacy, it is the opinion of the Texas Department of Insurance that all health insurers and health maintenance organizations that provide prescription medication coverage as a part of any policy or certificate or evidence of coverage should, through the duration of this disaster, authorize payment to pharmacies for up to a ninety day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled.

Questions regarding this bulletin may be directed to the following:

Life/Health Division at 512-322-3409 or e-mail: life_health@tdi.state.tx.us

HMO/URA/QA Division at 512-322-4266 or e-mail: hmogrp@tdi.state.tx.us

Mike Geeslin

Commissioner of Insurance






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