Health insurance; carrier contracts, carrier provision of certain prescription drug information.
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HB 360 — Health insurance; carrier contracts, carrier provision of certain prescription drug information.
Last action — Approved by Governor-Chapter 284 (effective - see bill)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 08, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
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 SB 428.
Bill Text
What changed in the latest version
142 added · 134 removedPlain-language change summary
The bill HB 360 has been updated to enhance the process of prior authorization for prescription drugs in Virginia. It clarifies definitions related to health insurance carriers and mandates that provider contracts include provisions for accepting prior authorization requests electronically, as well as requiring the carrier to respond to requests within 24 hours. This change is important because it aims to streamline the approval process, making it faster and more efficient for healthcare providers and their patients.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E284 An Act to amend and reenact § 38.2-3407.15:2 of the Code of Virginia and to amend the Code of NVirginia disclosureby ofadding certaina information.redsection numbered 38.2-3407.15:7, relating to health insurance;
carrier Rdisclosure O [H 360] L Approved L Be it enacted by the General Assembly of Virginia:certain information.
E[H 1.360] Approved April 8, 2022 Be it enacted by the General Assembly of Virginia:
That1. § 38.2-3407.15:2 of the Code of Virginia is amended and reenacted and that the Code of D Vir§ 38.2-3407.15:2.
That § 38.2-3407.15:2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 38.2-3407.15:7 as follows:
§ 38.2-3407.15:2.
"Priorbe authorization"provided.thorization" means the approval process used by a carrier before certain drug benefits may be"Provider provided.contract" has the same meaning ascribed thereto in subsection A of § 38.2-3407.15.
"Provider"Supplementation" contract"means hasa request communicated by the samecarrier meaningto ascribedthe theretoprescriber inor subsectionhis Adesignee, offor §additional 38.2-3407.15.information, limited to items specifically requested on the applicable prior authorization request, necessary to approve or deny a prior authorization request.
"Supplementation"B. means a request communicated by the carrier to the prescriber or his desigHee, for additional information, limited to items specifically requested on the applicable prior authori3ation reqB.
R 1.
Require that the carrier communicate to the prescriber or his designee within 24 hours, including weekend hours, of submission of an urgent prior authorization request to the carrier, if submitted requirestelephonically supplementation;lternateor in an alternate method directed by the carrier, that the request is approved, denied, or 3.requires supplementation;
3.
Require that if the prior authorization request is denied, the carrier shall communicate electronically, telephonically, or by facsimile to the prescriber or his designee, within the timeframes established by subdivision 3 or 4, as applicable, the reasons for the denial;gnee,denial; within the timeframes 6.
6.
Require that a tracking system be used by the carrier for all prior authorization requests and that the identification information be provided electronically, telephonically, or by facsimile to the prescriber or 8.his designee, upon the carrier's response to the prior authorization request;
8.
Require a carrier to honor a prior authorization issued by the carrier for a drug regardless of whether the currentcovered healthperson plan;on changes plans with the same carrier and the drug is a covered benefit with 11.the current health plan;
Require11. a carrier, when requiring a prescriber to provide supplemental information that is in the of 3 covered individual's health record or electronic health record, to identify the specific information required;
12.Require a carrier, when requiring a prescriber to provide supplemental information that is in the covered individual's health record or electronic health record, to identify the specific information required;
of 3 12.
Require a participating health care provider, 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 as required by subdivision 15 and the realreal-time time cost information data for a covered prescription drug made available by a carrier pursuant to § 38.2-3407.15:7.
(federal employees), or 10 U.S.C.
of 3 "Enrollee" has the same meaning as provided in § 38.2-3407.10.
E "Provider" has the same meaning as provided in § 38.2-3407.10.
Beginning July 1, 2025, any carrier or its pharmacy benefits manager shall provide real-time cost information data to enrollees and contracted providers for a covered prescription drug, includiRgincluding any Suchof cost3 informationcost-sharing datarequirement shallor beprior availableauthorization torequirements, theand providershall inensure a format that athe providerdata canis aOcessaccurate. and.
Such cost information data shall be 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 thatLthat utilizes the National Council for Prescription Drug Programs SCRIPT standard from which the proLiderprovider 2.makes the request.
That2. the State Corporation Commission's Bureau of Insurance (the Bureau) shall, in E 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 D benefits in order to maximize efficiency and minimize delays.
SuchThat recommendationsthe shallState includeCorporation aCommission's singleBureau standardizedof processInsurance as(the requiredBureau) byshall, thisin actcoordination andwith any recommendations for necessary representatives from the VirginiaSecretary Association of Health Plans,and theHuman MedicalResources, Societyestablish ofa Virginia,work thegroup Nationalto Councilevaluate forand Prescriptionmake Drugrecommendations Programs,to themodify Virginia Pharmacists Association, and the Virginiaprocess Hospitalfor andprior Healthcareauthorization Association,for anddrug otherbenefits partiesin withorder anto interestmaximize inefficiency theand underlyingminimize technology.delays.
TheSuch workrecommendations group shall reportinclude itsa findingssingle andstandardized recommendationsprocess toas therequired Chairmenby ofthis theHact Senate Committee on Commerce and Laborany andrecommendations thefor Housenecessary Committeestatutory onor Commerceregulatory andchanges. Energy 3 3.
ThatThe work group shall include relevant stakeholders, including representatives from the provisionsVirginia Association of Health Plans, the firstMedical enactmentSociety of thisVirginia, actthe shallNational notCouncil becomefor effectivePrescription unlessDrug reeEactedPrograms, bythe Virginia Pharmacists Association, and the 2023Virginia SessionHospital ofand Healthcare Association, and other parties with an interest in the Generalunderlying Assembly.technology.
The work group shall 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.
3.
That the provisions of the first enactment of this act shall not become effective unless reenacted by the 2023 Session of the General Assembly.
View plain text versions (4)
- CHAP0284 View text Current pdf April 08, 2022
- HB360ER View text pdf March 02, 2022
- Committee Substitute Committee substitute printed 22105757D-H1 pdf February 10, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100701D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 284 (effective - see bill)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (HB360ER)
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Signed by Speaker
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Enrolled
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VOTE: Adoption (97-Y 0-N)
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Senate amendments agreed to by House (97-Y 0-N)
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Passed Senate with amendments (40-Y 0-N)
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Engrossed by Senate as amended
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Amendments by Senator Dunnavant agreed to
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Reading of amendments waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Commerce and Labor (15-Y 0-N)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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VOTE: Block Vote Passage (100-Y 0-N)
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Read third time and passed House BLOCK VOTE (100-Y 0-N)
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Engrossed by House - committee substitute HB360H1
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Committee substitute agreed to 22105757D-H1
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Read second time
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Read first time
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Impact statement from DPB (HB360H1)
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Committee substitute printed 22105757D-H1
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Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
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Subcommittee recommends reporting with substitute (6-Y 0-N)
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House subcommittee amendments and substitutes offered
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Impact statement from DPB (HB360)
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Assigned HWI sub: Subcommittee #3
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Referred to Committee on Health, Welfare and Institutions
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Prefiled and ordered printed; offered 01/12/22 22100701D
Sponsors
- Jr. Hyland F. "Buddy" Fowler · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Yea |
| Adams, Dawn M. | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Phillip A. Scott | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Wendell S. Walker | — | Yea |
Subjects
Frequently asked questions
- What does HB 360 do?
- 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 SB 428.
- Who sponsors HB 360?
- HB 360 is sponsored by Hyland F. "Buddy" Fowler, Jr..
- What is the current status of HB 360?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 360?
- Track HB 360 free on One Click Politics — get push/email alerts when it moves.
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