Health care coverage: antiretroviral drugs, drug devices, and drug products.
Summary
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law generally prohibits a health care service plan, excluding a Medi-Cal managed care plan, or health insurer from subjecting antiretroviral drugs that are medically necessary for the prevention of HIV/AIDS, including preexposure prophylaxis or postexposure prophylaxis, to prior authorization or step therapy. Under existing law, a health care service plan or health insurer is not required to cover all the therapeutically equivalent versions of those drugs without prior authorization or step therapy if at least one is covered without prior authorization or step therapy. This bill would prohibit a health care service plan, excluding a Medi-Cal managed care plan, or health insurer from subjecting antiretroviral drugs, drug devices, or drug products that are either approved by the United States Food and Drug Administration (FDA) or recommended by the federal Centers for Disease Control and Prevention (CDC) for the prevention of HIV/AIDS, to prior authorization or step therapy, but would authorize prior authorization or step therapy if at least one therapeutically equivalent version is covered without prior authorization or step therapy and the plan or insurer provides coverage for a noncovered therapeutic equivalent antiretroviral drug, drug device, or drug product without cost sharing pursuant to an exception request. The bill would require a plan or insurer to provide coverage under the outpatient prescription drug benefit for those drugs, drug devices, or drug products, including by supplying participating providers directly with a drug, drug device, or drug product, as specified. This bill would require a nongrandfathered or grandfathered health care service plan contract or health insurance policy to provide coverage for antiretroviral drugs, drug devices, or drug products that are either approved by the FDA or recommended by the CDC for the prevention of HIV/AIDS, and would prohibit a nongrandfathered or grandfathered health care service plan contract or health insurance policy from imposing any cost-sharing or utilization review requirements for those drugs, drug devices, or drug products. The bill would exempt Medi-Cal managed care plans from these provisions and would delay the application of these provisions for an individual and small group health care service plan contract or health insurance policy until January 1, 2026. Because a willful violation of these provisions by a health care service plan would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status
passed both
4 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Senate Passage
May 2023
Assembly Passage
Apr 2024
Governor
Introduced Feb 13, 2023
Last action May 13, 2024
Floor votes · Senate May 24, 2023 · Assembly Apr 11, 2024
How they voted
33–1
Passed · 6 other
Total votes 40
May 24, 2023
D
Democratic31
100% Yea
R
Republican9
22% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
11
Committee
6
Amendments
7
Apr 11, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Apr 11, 2024
Lower · Passed
Read third time. Passed. (Ayes 62. Noes 0. Page 4746.) Ordered to the Senate.
lower
Apr 4, 2024
Lower · Passed
Read third time and amended.
lower
Sep 8, 2023
Lower · Passed
Read third time and amended.
lower
Sep 1, 2023
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 1.) (September 1).
lower
Aug 14, 2023
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 14, 2023
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 11).
lower
Jun 13, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
lower
Jun 1, 2023
Committee
Referred to Com. on HEALTH.
lower
May 24, 2023
Upper · Passed
Read third time. Passed. (Ayes 33. Noes 1. Page 1276.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1. Page 1170.) (May 18).
upper
Apr 27, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 940.) (April 26). Re-referred to Com. on APPR.
upper
Mar 29, 2023
Committee
Re-referred to Com. on HEALTH.
upper
Mar 21, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 22, 2023
Committee
Referred to Com. on RLS.
upper
Feb 13, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Anthony Portantino
DDemocratic
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