Connecticut 2019 Regular Session

Connecticut Senate Bill SB00036 Compare Versions

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22
3+LCO No. 919 1 of 1
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4-LCO No. 5482 1 of 4
5-
6-General Assembly Committee Bill No. 36
5+General Assembly Proposed Bill No. 36
76 January Session, 2019
8-LCO No. 5482
7+LCO No. 919
98
109
1110 Referred to Committee on INSURANCE AND REAL ESTATE
1211
1312
1413 Introduced by:
15-(INS)
14+SEN. LOONEY, 11th Dist.
1615
1716
1817
1918 AN ACT PROHIBITING HEALTH CARRIERS FROM REQUIRING THE
20-USE OF STEP THERAPY FOR DRUGS PRESCRIBED TO TREAT
21-DISABLING, CHRONIC OR LIFE-THREATENING DISEASES OR
22-CONDITIONS.
19+USE OF STEP THERAPY FOR CERTAIN PRESCRIPTION DRUGS.
2320 Be it enacted by the Senate and House of Representatives in General
2421 Assembly convened:
2522
26-Section 1. Subsection (a) of section 38a-510 of the general statutes is 1
27-repealed and the following is substituted in lieu thereof (Effective 2
28-January 1, 2020): 3
29-(a) No insurance company, hospital service corporation, medical 4
30-service corporation, health care center or other entity delivering, 5
31-issuing for delivery, renewing, amending or continuing an individual 6
32-health insurance policy or contract that provides coverage for 7
33-prescription drugs may: 8
34-(1) Require any person covered under such policy or contract to 9
35-obtain prescription drugs from a mail order pharmacy as a condition 10
36-of obtaining benefits for such drugs; or 11
37-(2) Require, if such insurance company, hospital service corporation, 12
38-medical service corporation, health care center or other entity uses step 13
39-Committee Bill No. 36
40-
41-
42-LCO No. 5482 2 of 4
43-
44-therapy for such drugs, the use of step therapy for: 14
45-(A) [any] Any prescribed drug for longer than sixty days; [,] or 15
46-(B) [a] A prescribed drug for [cancer] treatment of a disabling, 16
47-chronic or life-threatening disease or condition for an insured who has 17
48-been diagnosed with [stage IV metastatic cancer] such a disease or 18
49-condition, provided such prescribed drug is in compliance with 19
50-approved federal Food and Drug Administration indications. 20
51-(3) At the expiration of the time period specified in subparagraph 21
52-(A) of subdivision (2) of this subsection, [or for a prescribed drug 22
53-described in subparagraph (B) of subdivision (2) of this subsection,] an 23
54-insured's treating health care provider may deem such step therapy 24
55-drug regimen clinically ineffective for the insured, at which time the 25
56-insurance company, hospital service corporation, medical service 26
57-corporation, health care center or other entity shall authorize 27
58-dispensation of and coverage for the drug prescribed by the insured's 28
59-treating health care provider, provided such drug is a covered drug 29
60-under such policy or contract. If such provider does not deem such 30
61-step therapy drug regimen clinically ineffective or has not requested 31
62-an override pursuant to subdivision (1) of subsection (b) of this section, 32
63-such drug regimen may be continued. For purposes of this section, 33
64-"step therapy" means a protocol or program that establishes the 34
65-specific sequence in which prescription drugs for a specified medical 35
66-condition are to be prescribed. 36
67-Sec. 2. Subsection (a) of section 38a-544 of the general statutes is 37
68-repealed and the following is substituted in lieu thereof (Effective 38
69-January 1, 2020): 39
70-(a) No insurance company, hospital service corporation, medical 40
71-service corporation, health care center or other entity delivering, 41
72-issuing for delivery, renewing, amending or continuing a group health 42
73-insurance policy or contract that provides coverage for prescription 43
74-drugs may: 44
75-Committee Bill No. 36
76-
77-
78-LCO No. 5482 3 of 4
79-
80-(1) Require any person covered under such policy or contract to 45
81-obtain prescription drugs from a mail order pharmacy as a condition 46
82-of obtaining benefits for such drugs; or 47
83-(2) Require, if such insurance company, hospital service corporation, 48
84-medical service corporation, health care center or other entity uses step 49
85-therapy for such drugs, the use of step therapy for: 50
86-(A) [any] Any prescribed drug for longer than sixty days; [,] or 51
87-(B) [a] A prescribed drug for [cancer] treatment of a disabling, 52
88-chronic or life-threatening disease or condition for an insured who has 53
89-been diagnosed with [stage IV metastatic cancer] such a disease or 54
90-condition, provided such prescribed drug is in compliance with 55
91-approved federal Food and Drug Administration indications. 56
92-(3) At the expiration of the time period specified in subparagraph 57
93-(A) of subdivision (2) of this subsection, [or for a prescribed drug 58
94-described in subparagraph (B) of subdivision (2) of this subsection,] an 59
95-insured's treating health care provider may deem such step therapy 60
96-drug regimen clinically ineffective for the insured, at which time the 61
97-insurance company, hospital service corporation, medical service 62
98-corporation, health care center or other entity shall authorize 63
99-dispensation of and coverage for the drug prescribed by the insured's 64
100-treating health care provider, provided such drug is a covered drug 65
101-under such policy or contract. If such provider does not deem such 66
102-step therapy drug regimen clinically ineffective or has not requested 67
103-an override pursuant to subdivision (1) of subsection (b) of this section, 68
104-such drug regimen may be continued. For purposes of this section, 69
105-"step therapy" means a protocol or program that establishes the 70
106-specific sequence in which prescription drugs for a specified medical 71
107-condition are to be prescribed. 72
108-This act shall take effect as follows and shall amend the following
109-sections:
110-
111-Committee Bill No. 36
112-
113-
114-LCO No. 5482 4 of 4
115-
116-Section 1 January 1, 2020 38a-510(a)
117-Sec. 2 January 1, 2020 38a-544(a)
118-
23+That sections 38a-510 and 38a-544 of the general statutes be 1
24+amended to prohibit health carriers that deliver, issue for delivery, 2
25+renew, amend or continue health insurance policies and contracts in 3
26+this state that provide coverage for prescription drugs from requiring 4
27+the use of step therapy for a prescription drug if such drug is 5
28+prescribed for the treatment of a disabling, chronic or life-threatening 6
29+disease or condition. 7
11930 Statement of Purpose:
120-To prohibit health carriers from requiring the use of step therapy for
121-drugs prescribed to treat disabling, chronic or life-threatening diseases
122-or conditions.
123-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
124-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
125-not underlined.]
126-
127-Co-Sponsors: SEN. LOONEY, 11th Dist.
128-
129-S.B. 36
130-
131-
31+To prohibit health carriers that deliver, issue for delivery, renew,
32+amend or continue certain health insurance policies and contracts in
33+this state from requiring the use of step therapy for a prescription drug
34+if such drug is prescribed for the treatment of a disabling, chronic or
35+life-threatening disease or condition.