General Assembly Committee Bill No. 5962 January Session, 2017 LCO No. 4802 *04802HB05962INS* Referred to Committee on INSURANCE AND REAL ESTATE Introduced by: (INS) General Assembly Committee Bill No. 5962 January Session, 2017 LCO No. 4802 *04802HB05962INS* Referred to Committee on INSURANCE AND REAL ESTATE Introduced by: (INS) AN ACT PROHIBITING INSURERS FROM USING STEP THERAPY FOR PRESCRIPTION DRUGS PRESCRIBED TO TREAT CANCER. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (a) of section 38a-510 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018): (a) No insurance company, hospital service corporation, medical service corporation, health care center or other entity delivering, issuing for delivery, renewing, amending or continuing an individual health insurance policy or contract that provides coverage for prescription drugs may: (1) Require any person covered under such policy or contract to obtain prescription drugs from a mail order pharmacy as a condition of obtaining benefits for such drugs; or (2) Require, if such insurance company, hospital service corporation, medical service corporation, health care center or other entity uses step therapy for such drugs, the use of step therapy for any prescribed drug for longer than sixty days, except that such insurance company, hospital service corporation, medical service corporation, health care center or entity shall not use step therapy for any drug prescribed for cancer treatment to an insured who has been diagnosed with cancer. At the expiration of such time period, an insured's treating health care provider may deem such step therapy drug regimen clinically ineffective for the insured, at which time the insurance company, hospital service corporation, medical service corporation, health care center or other entity shall authorize dispensation of and coverage for the drug prescribed by the insured's treating health care provider, provided such drug is a covered drug under such policy or contract. If such provider does not deem such step therapy drug regimen clinically ineffective or has not requested an override pursuant to subdivision (1) of subsection (b) of this section, such drug regimen may be continued. For purposes of this section, "step therapy" means a protocol or program that establishes the specific sequence in which prescription drugs for a specified medical condition are to be prescribed. Sec. 2. Subsection (a) of section 38a-544 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018): (a) No insurance company, hospital service corporation, medical service corporation, health care center or other entity delivering, issuing for delivery, renewing, amending or continuing a group health insurance policy or contract that provides coverage for prescription drugs may: (1) Require any person covered under such policy or contract to obtain prescription drugs from a mail order pharmacy as a condition of obtaining benefits for such drugs; or (2) Require, if such insurance company, hospital service corporation, medical service corporation, health care center or other entity uses step therapy for such drugs, the use of step therapy for any prescribed drug for longer than sixty days, except that such insurance company, hospital service corporation, medical service corporation, health care center or entity shall not use step therapy for any drug prescribed for cancer treatment to an insured who has been diagnosed with cancer. At the expiration of such time period, an insured's treating health care provider may deem such step therapy drug regimen clinically ineffective for the insured, at which time the insurance company, hospital service corporation, medical service corporation, health care center or other entity shall authorize dispensation of and coverage for the drug prescribed by the insured's treating health care provider, provided such drug is a covered drug under such policy or contract. If such provider does not deem such step therapy drug regimen clinically ineffective or has not requested an override pursuant to subdivision (1) of subsection (b) of this section, such drug regimen may be continued. For purposes of this section, "step therapy" means a protocol or program that establishes the specific sequence in which prescription drugs for a specified medical condition are to be prescribed. This act shall take effect as follows and shall amend the following sections: Section 1 January 1, 2018 38a-510(a) Sec. 2 January 1, 2018 38a-544(a) This act shall take effect as follows and shall amend the following sections: Section 1 January 1, 2018 38a-510(a) Sec. 2 January 1, 2018 38a-544(a) Statement of Purpose: To prohibit insurers from using step therapy for prescription drugs prescribed for cancer treatment. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors: REP. ORANGE, 48th Dist.; REP. GRESKO, 121st Dist. REP. ROSE, 118th Dist.; SEN. FLEXER, 29th Dist. REP. LESSER, 100th Dist.; REP. ABERCROMBIE, 83rd Dist. SEN. OSTEN, 19th Dist.; REP. RYAN, 139th Dist. REP. JOHNSON, 49th Dist.; REP. ALBIS, 99th Dist. REP. HAMPTON, 16th Dist.; REP. BARAM, 15th Dist. Co-Sponsors: REP. ORANGE, 48th Dist.; REP. GRESKO, 121st Dist. REP. ROSE, 118th Dist.; SEN. FLEXER, 29th Dist. REP. LESSER, 100th Dist.; REP. ABERCROMBIE, 83rd Dist. SEN. OSTEN, 19th Dist.; REP. RYAN, 139th Dist. REP. JOHNSON, 49th Dist.; REP. ALBIS, 99th Dist. REP. HAMPTON, 16th Dist.; REP. BARAM, 15th Dist. H.B. 5962