Reps. Kuster, McBath Lead Legislation to Help Consumers Fill Prescriptions During Emergencies

CONCORD, New Hampshire, April 1 -- Rep. Ann Kuster, D-New Hampshire, issued the following news release:

Rep. Annie Kuster (NH-02) joined Rep. Lucy McBath (GA-06) to introduce legislation to ensure consumers receive notice if they are able to fill their prescriptions in advance during public health emergencies. The Emergency Advance Refill Notification Act was introduced in the House on Friday. By receiving such notices from their health insurance provider, families would be made aware of their options to collect more of their necessary prescriptions at one time, reducing the time that Americans, especially those in at-risk populations, would need to spend in public areas or at their pharmacy.

"We are living in a time of stress and uncertainty, and this legislation will ensure that Americans who rely on prescription medication are prepared in the face of a public health emergency," said Kuster. "Many health plans allow patients to fill 90 days of medication at a time, which can help protect people who are at heightened risk during a pandemic and who need to stay home and practice physical distancing as much as possible. Folks who can fill prescriptions in advance under their insurance benefits should be fully informed about their options and resources to get through such a crisis. Congress must do its part to promote the health of Granite Staters and people nationwide."

"During emergencies like the public health crisis we're currently fighting, Americans shouldn't have to be concerned about filling their prescriptions or having enough of the medication they need," said McBath. "I'm a two-time breast cancer survivor who lives with pre-existing conditions every day, and I know the uncertainty people face if they can't get their medicine. Americans deserve transparency and flexibility while they do their best to keep their families healthy and prepared."

In many cases, beneficiaries are already permitted by their insurer to collect a 90-day supply of their prescription. This bill allows for earlier notification of these options, increasing flexibility for filling prescriptions, decreasing the risk of public exposure for pharmacy visits during emergencies, and ensuring access to the drugs people need. H.R. 6411 amends the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers to provide notices relating to prescription drug refills.

Full text of the Emergency Advance Refill Notification Act, H.R. 6411, can be found here (https://mcbath.house.gov/_cache/files/1/0/1046046f-3479-4e49-8e23-8522c61e71db/B981BBC63CAC18C9EC48285497D950AC.emer-drugnotice-01-xml.pdf).