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.