BILL ANALYSIS Ó SB 282 Page 1 Date of Hearing: July 14, 2015 ASSEMBLY COMMITTEE ON HEALTH Rob Bonta, Chair SB 282 (Ed Hernandez) - As Amended July 8, 2015 SENATE VOTE: 40-0 SUBJECT: Health care coverage: prescription drugs. SUMMARY: Authorizes a prescribing provider to use an electronic process to transmit prior authorization (PA) requests for prescription drugs, and modifies timeframes by which health plans and insurers (collectively referred to as "carriers") must respond to such PA requests. Specifically, this bill: 1)Authorizes a prescribing provider to use an electronic PA system utilizing an established uniform PA form, or an electronic process developed specifically for transmitting PA information that meets the National Council for Prescription Drug Programs' (NCPDP) SCRIPT standard for electronic PA. 2)Requires the Department of Managed Health Care (DMHC) and the California Department of Insurance (CDI) to, on or before January 1, 2017, jointly develop a uniform PA form, and requires every prescribing provider to, on and after July 1, 2017, or six months after the form is completed, use the PA form, or the electronic PA process referenced in 1) above. SB 282 Page 2 3)Exempts contracted network physician groups from requirements to use the uniform PA form if the contracted network physician group: a) Is delegated financial risk for prescription drugs by a carrier; b) Uses its own internal PA process rather than the carrier's PA process; or, c) Is delegated a utilization management function by the carrier concerning any prescription drug, regardless of the delegation of financial risk. 4)Modifies the timeframe by which a PA request would be deemed granted by a carrier from two business days to 72 hours for non-urgent PA requests and 24 hours if exigent circumstances exist. Specifies that a completed PA request submitted to a contracted network physician group is deemed granted under these same timeframes, and makes conforming changes requiring compliance with the timeframes in existing statutes regarding PA and grievances. 5)Provides that "exigent circumstances" exist when an enrollee is suffering from a health condition that may seriously jeopardize the enrollee's life, health, or ability to regain maximum function or when an enrollee is undergoing a current course of treatment using a non-formulary drug. 6)Specifies that PA requirements for prescription drugs apply regardless of how that benefit is classified under the terms SB 282 Page 3 of the carrier's subscriber or provider contract. EXISTING LAW: 1)Establishes the Knox-Keene Health Care Service Plan Act of 1975, the body of law governing health plans in the state, and provides for the licensure and regulation of health plans by DMHC. 2)Provides for the regulation of health insurers by CDI. 3)Establishes a standardized PA process through a uniform PA form jointly developed by DMHC and CDI that prescribing providers must use when requesting PA, and carriers must accept when requiring PA for, prescription drug benefits. 4)Exempts the following from requirements to use and accept the uniform PA form: a) Physicians or physician groups that are delegated the financial risk for prescription drugs by a carrier and that do not use a PA process; and, b) A carrier, or its affilated providers, that owns and operates its own pharmacies and does not use a PA process for prescription drugs. 5)Deems a PA request granted if a carrier fails to utilize or accept the uniform PA form, or fails to respond within two business days upon receipt of a completed PA request from a SB 282 Page 4 prescribing provider submitting the form. Exempts Medi-Cal managed care plans from these provisions. 6)Requires DMHC and CDI to develop the uniform PA form with input from interested parties, and to take into consideration existing PA forms established by the federal Centers for Medicare and Medicaid Services and the Department of Health Care Services, as well as national standards pertaining to electronic PA. 7)Requires the uniform PA form to meet specified criteria, including that the form shall not exceed two pages and shall be made available electronically by the carriers and DMHC and CDI. Authorizes completed forms to be submitted electronically by the prescribing provider to a carrier. FISCAL EFFECT: According to the Senate Appropriations Committee, this bill, as amended April 9, 2015, will result in: 1)One-time costs of $134,000 in 2015-16 and $169,000 in 2016-17 to revise existing regulations by CDI (Insurance Fund). 2)One-time costs of about $90,000 to amend regulations by DMHC (Managed Care Fund). COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, advances in health information technology have increased health care efficiency and lowered costs, and innovation promises to make SB 282 Page 5 health care delivery faster and cheaper. This bill increases efficiency by removing roadblocks to electronic PA - a utilization review method used to curb abuse of controlled substances and control prescription drug costs by requiring prescribers to obtain permission from an insurer before prescribing certain drugs. The author states that, until the passage of SB 866, (Ed Hernandez) Chapter 648, Statutes of 2011, each insurer had their own PA form, and some had multiple forms, depending on the type of drug requested. The complexity of the process made it confusing and costly for many prescribers. SB 866 streamlined the process and improved timely access to prescription drugs by creating a standardized electronic form. This bill further increases efficiency by permitting additional methods of electronic PA, including, innovative software programs and user-friendly computer portals. 2)BACKGROUND. a) PA. PA is a common cost-containment and utilization review method used by health plans, insurers, and some public coverage programs. The practice of PA, also called prior approval or preauthorization, requires a prescriber to obtain permission from the health plan or insurer to prescribe a medication before prescribing it. Health plans and insurers routinely require physicians to fill out PA forms when the provider prescribes a medicine or treatment not covered by the plan or insurer's formulary. PA is intended to curb abuse and diversion of controlled substances, and has been shown to be effective in controlling prescription drug costs. Medications that commonly require PA include: SB 282 Page 6 i) Brand name medications that have a generic available; ii) Expensive medications; iii) Drugs not usually covered by the insurance company, but said to be medically necessary by the doctor; iv) Drugs usually covered but prescribed at a higher dosage; v) Drugs used for cosmetic reasons; and vi) Drugs prescribed to treat a non-life threatening medical condition. b) Uniform PA form and process. Pursuant to SB 866, DMHC and CDI jointly developed the "Prescription Drug Prior Authorization Request Form" which was approved and became effective through regulations which took effect on July 1, 2014. The form requires prescribing providers to include specified information, including patient information, insurance information, prescriber information, medication and dispensing information, patient diagnoses, relevant clinical information to support the PA, and other information. Through the use of this form, prescribing provider face fewer issues regarding variation among PA forms and processes used by carriers. Pursuant to state regulations, carriers are required to make the form available electronically on their websites; accept the form through any reasonable means of transmission including paper, electronic transmission, telephone, or web portal; and, request only the minimum amount of material information necessary to approve or disapprove the prescription drug PA request. Carriers are also required to notify the prescribing provider within two business days of receipt of a prescription PA request that either: i) The request is approved; ii) The request is disapproved as not medically necessary or not a covered benefit; SB 282 Page 7 iii) The request is disapproved as missing material information necessary to approve or disapprove the request; iv) The patient is no longer eligible for coverage; or, v) The request was not submitted on the required form and must be resubmitted on the required uniform PA form. c) Federal regulations. In February 2015, final regulations from the federal Health and Human Services Agency became effective requiring carriers to establish certain exceptions processes that allow enrollees, or their prescribing provider, to request and gain access to clinically appropriate drugs not covered by the carrier. Specifically, the regulations require, for plan years beginning on or after January 1, 2016, carriers to make determinations on a standard exception request, and to notify the enrollee and the prescribing provider of its coverage determination, no later than 72 hours following receipt of the request. The regulations also require a carrier to have a process for an enrollee, or the enrollee's prescribing provider, to request an expedited exception request based on exigent circumstances under which an enrollee is suffering from a health condition that may seriously jeopardize the enrollee's life, health, or ability to regain maximum function or when an enrollee is undergoing a current course of treatment using a non-formulary drug. In these cases, the carrier must notify the enrollee and the prescribing provider of its coverage determination no later than 24 hours following receipt of the request. Finally, the regulations require carriers that deny a standard or expedited exception request for a non-formulary drug to have a process for the enrollee or the enrollee's prescribing provider to request a review of the denial by an independent review organization. The same timing applied to the carrier's initial review of the exception request apply. Thus, if the enrollee submitted a standard exception request, the independent review organization would have to make its determination, and SB 282 Page 8 the carrier would have to notify the enrollee and prescribing provider of the decision within 72 hours. Similarly, the independent review organization and carrier would have 24 hours to make determinations on denials of expedited exception requests. Under this bill, consistent with the federal regulations, carriers and physician groups using the PA process, either through the uniform form or the electronic process, would be required to make determinations within these same timeframes. d) NCPDP SCRIPT. The NCPDP is a non-profit organization which develops and promotes pharmacy industry standards, including standards on the electronic exchange of information. According to the NCPDP, it maintains a primary focus on information exchange for prescribing, dispensing, monitoring, managing, and paying for medications and pharmacy services. Beginning in 1997, the NCPDP began publishing technical standards for electronic prescribing, and later developed the SCRIPT standard for transmitting prescription information electronically between prescribers, pharmacies, and payers. According to the NCPDP, its SCRIPT standards were developed for transmitting prescription information electronically between prescribers, pharmacies, payers, and other entities for new prescriptions, changes of prescriptions, prescription refill requests, prescription fill status notifications, cancellation notifications, relaying of medication history, and transactions for long-term care, and electronic PA. SCRIPT standards are implemented in various federal guidelines governing electronic prescription capabilities. The SCRIPT standards are also used by the California Division of Workers Compensation for the purposes of electronic billing. 3)SUPPORT. Supporters state that this bill modernizes the PA process by allowing for the use of alternative programs and SB 282 Page 9 software to electronically transmit PA information. In doing so, the bill eliminates road blocks to the expeditious filing of prescription drugs and can achieve improved outcomes. The California Association of Physician Groups states that their members have implemented their own internal processes for PA, and this bill will allow physician groups to utilize a broader range of electronic systems than are currently allowed. CoverMyMeds states that current law does not allow for deviation from the uniform PA form, and this bill will streamline the process and reduce the time it takes to secure drug approval. Blue Shield of California state that electronic PA systems can be integrated with electronic prescriptions and health records, potentially reducing errors and enabling better coordination of care; this bill will increase efficiency in health care delivery by permitting additional methods of electronic PA. 4)RELATED LEGISLATION. a) AB 339 (Gordon) applies to covered outpatients prescription drugs, restricts cost-sharing amounts for a 30-day supply to one-twenty-fourth of the annual out-of-pocket limit, requires coverage for specified drugs under a variety of specified circumstances, standardizes tiers for prescription drug formularies, and restricts the ability of health plans and insurers to institute cost-sharing and place drugs on certain cost-sharing tiers, unless specified conditions are met. This bill is pending in the Senate Health Committee. b) AB 374 (Nazarian) prohibits a carrier from applying a step therapy protocol when a patient has made a "step therapy override determination request," if the patient's physician determines that step therapy would not be medically appropriate, and requires a carrier to expeditiously review a request made by a patient, if SB 282 Page 10 specific criteria are met and adequate supporting rationale and documentation is provided by the prescribing physician. This bill is pending in the Senate Health Committee. 5)PREVIOUS LEGISLATION. a) AB 889 (Frazier) of 2013 would have prohibited carriers from requiring a patient to try and fail on two medications before allowing the patient access to the medication originally prescribed by the patient's medical provider. AB 889 was held on the Suspense File in Senate Appropriations Committee. b) AB 369 (Huffman) of 2012 would have prohibited carriers that restrict medications for the treatment of pain from requiring a patient to try and fail on more than two pain medications before allowing the patient access to the pain medication, or generically equivalent drug, prescribed by the provider. The Governor vetoed AB 369 because it did not strike "the right balance between physician discretion and health plan or insurer oversight. A doctor's judgment and a health plan's clinical protocols both have a role in ensuring the prudent prescribing of pain medications. Independent medical reviews are available to resolve differences in clinical judgment when they occur, even on an expedited basis. If current law does not suffice - and I am not certain that it doesn't, any limitations on the practice of "step therapy" should better reflect a health plan or insurer's legitimate role in determining the allowable steps." c) SB 866 requires DMHC and CDI to jointly develop a uniform PA form that health plans and insurers must accept when prescribing providers seek authorization for prescription drug benefits. SB 282 Page 11 d) AB 1826 (Huffman) of 2010 would have required plans and health insurers that cover outpatient prescription drug benefits to provide coverage for a drug that has been prescribed for the treatment of pain. AB 1826 would have prohibited health plans and insurers from requiring the subscriber or enrollee to first use an alternative prescription drug or an over-the-counter drug, as specified. AB 1826 was held by the Senate Appropriations Committee. e) AB 1144 (Price) of 2009 would have required plans and health insurers that provide prescription drug benefits to submit written reports about step therapy each year to DMHC and CDI. AB 1144 was held by the Assembly Appropriations Committee. REGISTERED SUPPORT / OPPOSITION: Support AARP AllCare Independent Physician Association AltaMed Arthritis Foundation Association of Northern California Oncologists Biocom Blue Shield of California Brown and Toland Physicians California Academy of Family Physicians California Association of Physician Groups California Council of Community Mental Health Agencies California Healthcare Institute California Life Sciences Association SB 282 Page 12 California Primary Care Association California Society of Health-System Pharmacists Coachella Valley Physicians CoverMyMeds Empire Physicians Medical Group Express Scripts Facey Medical Group Greater Tri-Cities Independent Physicians Association HealthCare Partners Medical Group and Affiliated Physicians John Muir Physician Network Medical Oncology Association of Southern California MedPOINT Management Memorial Care Medical Foundation Mental Health America of California Mercy Medical Group Mercy Physicians Medical Group, Inc. Monarch Healthcare Noble AMA Independent Practice Association Premier Health Plan Services Primary Care Associates Prime Care of Chino Prime Care of Citrus Valley Prime Care of Hemet Valley Prime Care of Inland Valley Prime Care of Moreno Valley Prime Care of Redlands Prime Care of Riverside Prime Care of San Bernardino Prime Care of Sun City Prime Care of Temecula Sansum Clinic Scripps Health Plan Services Sharp Community Medical Group SynerMed Valley Physicians Network Ventegra Opposition SB 282 Page 13 None on file. Analysis Prepared by:Kelly Green / HEALTH / (916) 319-2097