SLS 19RS-938 ORIGINAL
2019 Regular Session
SENATE CONCURRENT RESOL UTION NO. 52
BY SENATOR BARROW
CONGRESS. To memorialize the United States Congress to review the recent decision by
the Center for Medicare and Medicaid Services (CMS) to allow for Step Therapy for Part
B treatments.
1 A CONCURRENT RESOL UTION
2 To memorialize the Congress of the United States to review the recent decision by the
3 Center for Medicare and Medicaid Services (CMS) to allow for Step Therapy for
4 Part B treatments.
5 Whereas, in 2012 CMS specifically prohibited Medicare plans from using Step
6 Therapy for Medicare Part B patients; and
7 WHEREAS, in 2018 CMS reversed this policy to allow for Step Therapy for
8 Medicare Part B patients; and
9 WHEREAS, Part B drugs are biologics specifically designed to treat patients with
10 severe and life-threatening diseases; and
11 WHEREAS, no type of biologic is exactly like another and each has inherently
12 different compositions and thus do not have the same effects, and can have different side
13 effects; and
14 WHEREAS, doctors specifically design and prescribe biologics to treat such serious
15 diseases as cancer, rheumatoid arthritis, lupus, macular degeneration, Crohn's disease,
16 neurological disorders, and others; and
17 WHEREAS, allowing for Step Therapy to replace specific prescriptions will result
18 in a decrease in therapy choices for patients; and
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SLS 19RS-938 ORIGINAL
1 WHEREAS, Step Therapy can allow forcing patients to use potentially less effective
2 drugs first, thus allowing for worsening conditions for patients; and
3 WHEREAS, Step Therapy can potentially undermine the patient-doctor relationship
4 by hindering the doctor's ability to prescribe drugs their patients need in a timely manner;
5 and
6 WHEREAS, this new CMS Step Therapy policy actually hinders the positive effects
7 of competition because it rations patients' access to certain treatments without creating real
8 competition; and
9 WHEREAS, patients will not be given the ability of informed consent prior to
10 receiving a Step Therapy replacement treatment; and
11 WHEREAS, CMS has not provided guidelines or protections for patients who wish
12 to have the specific treatment prescribed by their doctor in lieu of Step Therapy; and
13 WHEREAS, there is a lack of clarity from CMS about treatment "grandfathering",
14 thus creating uncertainty for many patients to have the ability to continue treatments with
15 their ongoing therapies.
16 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
17 memorialize the Congress of the United States to thoroughly review the recent decision by
18 the Center for Medicare and Medicaid Services (CMS) to allow for Step Therapy for Part
19 B treatments and patients and provide oversight over this new CMS policy on Step Therapy.
20 BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
21 to the secretary of the United States Senate and the clerk of the United States House of
22 Representatives and to each member of the Louisiana delegation to the United States
23 Congress.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Linda Nugent.
DIGEST
SCR 52 Original 2019 Regular Session Barrow
To memorialize Congress to review the recent decision by the Center for Medicare and
Medicaid Services (CMS) to allow for Step Therapy for Part B treatments.
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