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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2748 By: Miller
AS INTRODUCED
An Act relating to public health and safety ;
prohibiting step therapy requirements for certain
drugs for certain conditions; providing definitions;
authorizing a health benefit plan to allow coverage
for prescription drugs for advanced metastatic cancer
and associated conditio ns without proving step
therapy; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7320 of Title 63, unless there
is created a duplication in numbering, reads as follows:
For the purpose of prohibiting step the rapy requirements for
certain prescription drugs to treat advanced metastatic cancer and
associated conditions.
As used in this section:
1. "Associated conditions " means the symptoms or side effects
associated with advanced metastatic cancer or its treatm ent and
which, in the judgment of the health care practitioner, will further
jeopardize the health of a patient if left untreated;
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2. "Advanced metastatic cancer" means cancer that has spre ad
from the primary or original site of the cancer to nearby tissu es,
lymph nodes, or other areas or parts of the body.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7321 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A health benefit plan that provides coverage for advanced
metastatic cancer and associated conditions may not require, before
the health benefit plan provides coverage of a prescriptio n drug
approved by the United States Food and Drug Administration, that the
enrollee:
1. Fails to successfully respond to a differe nt drug; or
2. Proves a history of failure of a different drug.
B. This section applies only to a drug , the use of which is:
1. Consistent with best practices for the treatment of advanced
metastatic cancer or an associated condition;
2. Supported by peer-reviewed, evidence-based literature; and
3. Approved by the United State s Food and Drug Administration.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5886 TJ 01/13/23