SLS 24RS-311 ENGROSSED
2024 Regular Session
SENATE BILL NO. 148
BY SENATOR MIZELL
HEALTH/ACC INSURANCE. Provides relative to postpartum depression. (8/1/24)
1 AN ACT
2 To enact R.S. 22:1053(C)(6), relative to postpartum depression; to provide for the
3 application of step therapy and fail first protocols to drugs prescribed for postpartum
4 depression; to provide for the override of restrictions in certain circumstances; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1053(C)(6) is hereby enacted to read as follows:
8 ยง1053. Requirement for coverage of step therapy or fail first protocols
9 * * *
10 C. When medications for the treatment of any medical condition are restricted
11 for use by any health coverage plan through a step therapy or fail first protocol, the
12 prescribing practitioner shall have access to a clear and convenient process to
13 expeditiously request an override of the restriction. The override process shall be
14 made easily accessible on the health coverage plan's website. An override of the
15 restriction shall be expeditiously granted by the health coverage plan if the
16 prescribing practitioner, using sound clinical evidence, can demonstrate any of the
17 following:
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 148
SLS 24RS-311 ENGROSSED
1 * * *
2 (6) For postpartum depression, the indication for which the prescription
3 drug is required has not been approved by the United States Food and Drug
4 Administration as described on the prescription drug's approved label.
5 * * *
The original instrument was prepared by Brandi Cannon. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Amanda Trapp.
DIGEST
SB 148 Engrossed 2024 Regular Session Mizell
Present law provides certain requirements for implementation of step therapy or fail first
protocols used by any commercial health coverage plan.
Present law requires health coverage plans that restrict medications through step therapy or
fail first protocol to have a process for the prescribing practitioner to request to override the
restriction if certain criteria is met.
Proposed law adds that the prescribing practitioner can request an override for postpartum
depression if the indication for which the prescription drug is required has not been approved
by the United States Food and Drug Administration as described on the prescription drug's
approved label.
Effective August 1, 2024.
(Adds R.S. 22:1053(C)(6))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Deletes the prohibitions against health coverage plans and managed care
organizations using step therapy or first fail protocol for the treatment of
postpartum depression.
2. Deletes the requirement for health coverage plans and managed care
organizations to cover screening for postpartum depression or related mental
health disorders.
3. Deletes provisions regarding effectiveness.
4. Adds requirement that a prescribing practitioner can request an override for
postpartum depression if certain conditions are met.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.