SB 428 Virginia Senate · 2022 Regular Session

Health insurance; carrier contracts, carrier provision of certain prescription drug information.

Summary
Health insurance; carrier disclosure of certain information. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests for which no additional information is needed by the carrier to process the prior authorization request, no clinical review is required, and that meet the carrier's criteria for approval; and (iv) otherwise meets the requirements of the relevant Code of Virginia section. The bill prohibits a carrier from (a) imposing a charge or fee on a participating health care provider for accessing the required online process required or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill requires participating health care providers, beginning July 1, 2025, to ensure that any e-prescribing system or electronic health record system owned by or contracted for the provider to maintain an enrollee's health record has the ability to access the electronic prior authorization process established by a carrier and real-time cost information data for a covered prescription drug made available by a carrier. The bill provides that a provider may request a waiver of compliance for undue hardship for a period not to exceed 12 months. The bill requires any carrier or its pharmacy benefits manager to provide real-time cost information data to enrollees and contracted providers for a covered prescription drug, including any cost-sharing requirement or prior authorization requirements, and to ensure that the data is accurate. The bill requires that such cost information data is available to the provider in a format that a provider can access and understand such as through the provider's e-prescribing system or electronic health record system for which the carrier or pharmacy benefits manager or its designated subcontractor has adopted that utilizes the National Council for Prescription Drug Programs SCRIPT standard from which the provider makes the request.The bill requires the State Corporation Commission's Bureau of Insurance (the Bureau) to, in coordination with the Secretary of Health and Human Resources, establish a work group to evaluate and make recommendations to modify the process for prior authorization for drug benefits in order to maximize efficiency and minimize delays that include a single standardized process and any recommendations for necessary statutory or regulatory changes. The bill requires the work group to include relevant stakeholders, including representatives from the Virginia Association of Health Plans, the Medical Society of Virginia, the National Council for Prescription Drug Programs, the Virginia Pharmacists Association, and the Virginia Hospital and Healthcare Association, and other parties with an interest in the underlying technology. The bill requires the work group to report its findings and recommendations to the Chairmen of the Senate Committee on Commerce and Labor and the House Committee on Commerce and Energy by November 1, 2022. The provisions of the bill other than the requirement for the Bureau to establish the work group will not become effective unless reenacted by the 2023 Session of the General Assembly. This bill is identical to HB 360.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Mar 2022
Senate Passage
Feb 2022
House of Delegates Passage
Mar 2022
Signed into Law
Apr 2022
Introduced Jan 11, 2022 Signed Apr 8, 2022
Floor votes · Senate Feb 10, 2022 · House of Delegates Mar 1, 2022

How they voted

40–0
Passed
Total votes 40
Feb 10, 2022
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
11
Committee
10
Amendments
2
Apr 8, 2022
Signed into law
Approved by Governor-Chapter 285 (effective - see bill)
executive
Mar 3, 2022
Introduced
House amendments agreed to by Senate (40-Y 0-N)
upper
Mar 1, 2022
Lower · Passed
Passed House with amendments BLOCK VOTE (100-Y 0-N)
lower
Mar 1, 2022
Introduced
Engrossed by House as amended
lower
Mar 1, 2022
Lower · Passed
Committee amendments agreed to
lower
Feb 24, 2022
Lower · Passed
Reported from Health, Welfare and Institutions with amendment(s) (22-Y 0-N)
lower
Feb 24, 2022
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 21, 2022
Committee
Referred to Committee on Health, Welfare and Institutions
lower
Feb 10, 2022
Upper · Passed
Read third time and passed Senate (40-Y 0-N)
upper
Feb 9, 2022
Upper · Passed
Engrossed by Senate - committee substitute SB428S1
upper
Feb 9, 2022
Upper · Passed
Committee substitute agreed to 22106220D-S1
upper
Feb 7, 2022
Upper · Passed
Reported from Commerce and Labor with substitute (15-Y 0-N)
upper
Feb 7, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 31, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 11, 2022
Committee
Referred to Committee on Commerce and Labor
upper
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22101437D
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
SD
Siobhan Dunnavant
RRepublican
VA
12