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Legislative Year: 2023 Change
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Bill Detail: HB23-1183

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Title Prior Authorization For Step-therapy Exception
Status Governor Signed (05/01/2023)
Bill Subjects
  • Health Care & Health Insurance
House Sponsors E. Sirota (D)
I. Jodeh (D)
Senate Sponsors F. Winter (D)
House Committee Health and Insurance
Senate Committee Health and Human Services
Date Introduced 02/08/2023
Summary

The bill requires the department of health care policy and
financing (state department) to grant an exception to step therapy if the
prescribing provider submits a prior authorization request with
justification and supporting clinical documentation for treatment of a
serious or complex medical condition. The bill requires the state
department to provide a response to a prior authorization request for a
step-therapy exception within 24 hours after receipt of the request.
If a prior authorization request for a step-therapy exception is
incomplete or if additional clinically relevant information is required, the
bill requires the state department to notify the prescribing provider within
24 hours after the submission of the request. If the state department does
not receive a response within 72 hours after the state department's request
for additional information, the prior authorization is denied. If the prior
authorization request is denied, the bill requires the state department to
inform the recipient in writing that the recipient has a right to appeal the
determination.
If the state department does not make a determination regarding
the step-therapy exception request, respond to the appeal of the denial of
the request, or request additional clinically relevant information, the
step-therapy exception request or the appeal of the denial is deemed
granted. The bill requires the state department to authorize coverage for
the prescription drug prescribed by the recipient's prescribing provider if
the prior authorization request for a step-therapy exception request is
granted.
The bill requires the state department to make the prior
authorization requirements for coverage of prescription drugs and a
description of the step-therapy exemption process available on the state
department's website and provide to the recipient, upon written request,
all specific clinical review criteria and other clinical information relating
to a recipient's particular condition or disease.

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