SB 1023 California Senate · 2025-2026 Regular Session

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 of 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 instead 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 medically necessary for the prevention of HIV/AIDS to prior authorization or step therapy. The bill would require, for a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2027, a non-self-administered antiretroviral drug, drug device, or drug product that is approved by the United States Food and Drug Administration for the prevention of HIV/AIDS to be covered under both the plan or policy's medical benefit and prescription drug benefit, and if obtained under the plan or policy's drug benefit, would require the drug, device, or product to be dispensed and administered by a health care provider acting within the scope of their license. 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 2026
Committee Review
Aug 2026
Senate Passage
May 2026
Assembly Passage
Aug 2026
Governor
Introduced Feb 10, 2026 Last action Aug 30, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

08/18/26 - Amended Assembly 08/27/26 - Enrolled · 2 edits · Aug 27, 2026
MINOR
The enrolled version of SB 1023 makes two substantive policy changes from the Amended Assembly version: it removes a medical emergency exception for out-of-network pharmacy coverage of PrEP/PepUp, and it converts the dual-benefit coverage requirement for non-self-administered antiretrovirals from conditional (only applying to plans that already covered them as a medical benefit) to unconditional (requiring all covered plans to include them under both medical and prescription drug benefits). These changes expand insurer obligations for HIV prevention coverage effective January 1, 2027.
Scope change
The bill's scope expanded in two ways: (1) the dual-benefit mandate now applies to all covered plans and policies rather than only those that already provided medical benefit coverage for non-self-administered antiretrovirals, and (2) the out-of-network pharmacy emergency exception was eliminated, slightly narrowing when out-of-network coverage is required.
ELIGIBILITY

Subdivision (d) of both Section 1342.74 (Health and Safety Code) and Section 10123.1933 (Insurance Code) removed the phrase 'in the case of a medical emergency or' from the exception for out-of-network pharmacy coverage. Previously, plans were required to cover PrEP/PepUp at an out-of-network pharmacy in a medical emergency even if they lacked an out-of-network pharmacy benefit. Now, coverage is only required if the plan has an out-of-network pharmacy benefit, removing the emergency carve-out.

REQUIREMENT

Subdivision (e) of Section 1342.74 and subdivision (d) of Section 10123.1933 changed from a conditional requirement to an unconditional one. The old language only required plans that already covered non-self-administered antiretrovirals as a medical benefit to also include them as an outpatient prescription drug benefit. The new language requires all applicable plans and policies (issued, amended, or renewed on or after January 1, 2027) to cover non-self-administered FDA-approved antiretroviral drugs, devices, or products for HIV prevention under both the medical benefit AND the prescription drug benefit, regardless of prior coverage. This significantly broadens the scope of plans that must provide dual-benefit coverage.

Floor votes · Senate May 18, 2026 · Assembly Aug 24, 2026

How they voted

290
Passed · 11 other
Total votes 40
May 18, 2026
D Democratic30
29 Yea 1
96% Yea
R Republican10
10
0% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
10
Committee
7
Amendments
5
Aug 25, 2026
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 0.) Ordered to engrossing and enrolling.
upper
Aug 25, 2026
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 1.) Ordered to engrossing and enrolling.
upper
Aug 24, 2026
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 24, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 18, 2026
Lower · Passed
Read third time and amended.
lower
Aug 13, 2026
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 1.) (August 13).
lower
Jun 10, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 9). Re-referred to Com. on APPR.
lower
May 26, 2026
Committee
Referred to Com. on HEALTH.
lower
May 18, 2026
Upper · Passed
Read third time. Passed. (Ayes 29. Noes 0. Page 4312.) Ordered to the Assembly.
upper
May 14, 2026
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0. Page 4261.) (May 14).
upper
Apr 9, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3793.) (April 8). Re-referred to Com. on APPR.
upper
Mar 25, 2026
Committee
Re-referred to Com. on HEALTH.
upper
Mar 16, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 18, 2026
Committee
Referred to Com. on RLS.
upper
Feb 10, 2026
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors