Maryland 2023 Regular Session

Maryland House Bill HB785

Introduced
2/8/23  
Refer
2/8/23  
Report Pass
3/17/23  
Engrossed
3/20/23  
Refer
3/20/23  
Report Pass
3/31/23  
Enrolled
4/5/23  
Chaptered
5/3/23  

Caption

Health Insurance - Step Therapy or Fail-First Protocol and Prior Authorization - Revisions

Impact

The passage of HB 785 may substantially impact mental health care access for many insured individuals. By limiting the use of step therapy protocols, the bill seeks to provide more streamlined access to necessary medications for those suffering from serious mental health conditions. Additionally, the bill outlines strict timelines for determination of authorization requests, thereby potentially reducing delays in treatment that can exacerbate patient conditions. The act, which comes into effect on January 1, 2024, aims to ensure that patients receive timely and appropriate care according to medical necessity, as determined by their prescribers.

Summary

House Bill 785 introduces significant changes to the regulations governing step therapy and prior authorization processes in health insurance. Under this bill, insurers, nonprofit health service plans, and health maintenance organizations are prohibited from enforcing step therapy protocols for certain prescription drugs related to mental health disorders. This means that patients will not have to go through potentially ineffective treatments before receiving the medication that their healthcare provider deems necessary. The bill also specifies the requirements for insurers and entities to establish a timely and accessible process for exception requests related to step therapy protocols.

Sentiment

Generally, the sentiment surrounding HB 785 appears to be positive among healthcare advocates and mental health professionals, who view it as a step toward improving patient care and outcomes. There is a shared belief that this legislation will alleviate some of the barriers that patients face in accessing essential medications for mental health treatment. Insurance companies, however, may express concern regarding the financial implications of stricter regulations on prescription drug coverage and prior authorizations, potentially leading to debates on cost management within the healthcare system.

Contention

While supporters of the bill emphasize its benefits for patient access and treatment efficiency, opponents may raise concerns regarding the effects on health insurance providers' operational capacities and costs. A point of contention arises from balancing patient autonomy in healthcare decisions against insurers' protocol requirements that are intended to manage healthcare expenses effectively. As insurers adjust to the new constraints imposed by HB 785, ongoing discussions may focus on how to maintain quality care while also considering the economic impacts of the changes on the healthcare system.

Companion Bills

MD SB515

Crossfiled Health Insurance – Step Therapy or Fail–First Protocol – Revisions

Similar Bills

NJ S3533

Establishes certain guidelines for SHBP, SEHBP and Medicaid concerning step therapy protocols.

NJ A1825

Establishes certain guidelines for SHBP, SEHBP, and Medicaid concerning step therapy protocols.

CA AB1998

Opioids: safe prescribing policy.

NM HB185

Step Therapy Guidelines

NM SB135

Step Therapy Guidelines

MD SB515

Health Insurance – Step Therapy or Fail–First Protocol – Revisions

MD SB990

Maryland Medical Assistance Program and Health Insurance - Step Therapy, Fail-First Protocols, and Prior Authorization - Prescription Drugs to Treat Serious Mental Illness

CA SB621

Health care coverage: biosimilar drugs.