Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes. F I S C A L I M P A C T R E P O R T SPONSOR Hickey LAST UPDATED ORIGINAL DATE 3 /20/2025 SHORT TITLE No Prior Authorization for Certain Drugs BILL NUMBER Senate Bill 477 ANALYST Esquibel ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* (dollars in thousands) Agency/Program FY25 FY26 FY27 3 Year Total Cost Recurring or Nonrecurring Fund Affected NMPSIA $10,800.0 $16,200.0 $27,000.0 Recurring NMPSIA Fund RHCA $2,100.0 $2,300.0 $4,400. 0 Recurring RHCA Fund Medicaid $292,084.9 $292,084.9 $584,169.8 Recurring General Fund, Matching Federal Funds State Health Benefit Plan $19,370.0 $21,190.0 $40,560. 0 Recurring SHBP Fund UNMHSC Up to $23,000.0 Up to $23,700.0 $46,700.0 Recurring Operating Funds Total $347,354.9 $355,474.9 $702,82 9.8 Recurring Multiple Parentheses ( ) indicate expenditure decreases. *Amounts reflect most recent analysis of this legislation. Sources of Information LFC Files Agency Analysis Received From Department of Health (DOH) Health Care Authority (HCA) New Mexico Public School Insurance Authority (NMPSIA) Regulation and Licensing Department (RLD) Retiree Health Care Authority (RHCA) Office of Superintendent of Insurance (OSI) University of New Mexico Health Sciences Center (UNM-HSC) SUMMARY Synopsis of Senate Bill 4777 Senate Bill 477 (SB477) would add medications for which prior authorization or step therapy (the practice of requiring a patient to use less expensive and less effective medicine first) is prohibited to include drugs used to (1) treat or prevent cholesterol disorders; (2) prevent autoimmune disorders, cancer, and substance use disorders (current law already prohibits prior authorization for drugs used to treat these disorders); (3) glucagon-like peptide-1 agonists, glucose-dependent insulinotropic polypeptide, and glucagon-like peptide-1 receptor agonists (GLP-1s). Senate Bill 477 – Page 2 This bill does not contain an effective date and, as a result, would go into effect 90 days after the Legislature adjourns if enacted, or June 20, 2025. FISCAL IMPLICATIONS The New Mexico Public School Insurance Authority (NMPSIA) reports under the provisions of the bill the authority could have an estimated impact of $10.8 million impact in the first year. The estimate reflects the cost of the medications, loss of potential savings from improved medication utilization, reduced costs from rebates, and administrative fees. The Retiree Health Care Authority (RHCA) reports under the provisions of the bill the authority could have an estimated impact of $2.1 million impact in the first year. The Health Care Authority (HCA) estimates under the provisions of the bill the costs for Medicaid would be $82.8 million a year from the general fund matched with $209.3 million in federal funds, for a total of $292.1 million a year. HCA estimates the state health benefits plan (SHB) would likely incur a cost of $19.4 million in the first year under the provisions of the bill. The University of New Mexico Health Sciences Center (UNM-HSC) reports the provisions of SB477 could significantly increase pharmaceutical costs for UNM-HSC, both in the self-insured health plan and in the UNM Care program. UNMH’s self-insured health plan does not currently cover GLP-1s for the prevention of cholesterol disorders. Adding this coverage would cost approximately $11 million annually. UNM Care covers the cost of care at UNMH for some low- income New Mexicans. Approximately 5,000 patients are currently enrolled in UNM Care. If 20 percent of those patients were prescribed a GLP-1 to prevent high cholesterol, program costs would increase by $12 million annually. The fiscal impact estimate assumes 3 percent annual inflation. OSI is unable to determine if the prior authorization and step-therapy prohibition will have an impact on premiums because of the multiple uses of GLP-1s. SIGNIFICANT ISSUES UNM-HSC notes the legislation removes the requirement of a medical necessity determination in the section prohibiting prior authorization but retains it in the section prohibiting step therapy. CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP SB477 is similar to Senate Bill 39 and Senate Bill 207, which also attempt to prohibit practices that restrict access to certain medications. TECHNICAL ISSUES The Regulation and Licensing Department notes compounded drugs are not FDA-approved. HCA notes there is potential conflict with federal Medicaid requirements regarding medical Senate Bill 477 – Page 3 necessity. OTHER SUBSTANT IVE ISSUES RHCA notes GLP-1 research is not sufficiently mature to ensure safety and efficacy, particularly regarding the side effects for the older population that RHCA serves. Many studies show muscle loss, including of the heart, as a side effect, which is a concern in an older population related to fall prevention. Although some research shows the drugs could help with Alzheimer’s. RAE/hg/sgs