New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB477 Introduced / Fiscal Note

Filed 03/20/2025

                    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