AB 339 — Health care coverage: outpatient prescription drugs.

Summary

(1) 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 also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or insurer that provides prescription drug benefits and maintains one or more drug formularies to make specified information regarding the formularies available to the public and other specified entities. Existing law also specifies requirements for those plans and insurers regarding coverage and cost sharing of specified prescription drugs. This bill would prohibit the formulary or formularies for outpatient prescription drugs maintained by a health care service plan or health insurer from discouraging the enrollment of individuals with health conditions and from reducing the generosity of the benefit for enrollees or insureds with a particular condition. The bill, until January 1, 2020, would provide that the copayment, coinsurance, or any other form of cost sharing for a covered outpatient prescription drug for an individual prescription shall not exceed $250 for a supply of up to 30 days, except as specified, and would prohibit, for a nongrandfathered individual or small group plan contract or policy, the annual deductible for outpatient drugs from exceeding a specified amount. The bill would make these cost-sharing limits applicable only to covered outpatient prescription drugs that constitute essential health benefits, as defined. The bill would require a plan contract or policy to cover a single-tablet prescription drug regimen for combination antiretroviral drug treatments that are medically necessary for the treatment of AIDS/HIV, as specified. The bill, until January 1, 2020, would require a nongrandfathered individual or small group plan contract or policy to use specified definitions for each tier of a drug formulary. The bill would make related findings and declarations. This bill would require a health care service plan contract or health insurance policy that provides coverage for outpatient prescription drugs to provide coverage for medically necessary prescription drugs, including nonformulary drugs determined to be medically necessary, and, for an insurer, would require copayments, coinsurance, and other cost sharing for outpatient prescription drugs to be reasonable. This bill would make these provisions applicable to nongrandfathered health care service plan contracts or health insurance policies that are offered, renewed, or amended on or after January 1, 2017. (2) Existing law requires every health care service plan that provides prescription drug benefits to maintain specified information that is required to be made available to the Director of the Department of Managed Health Care upon request. This bill would also impose these requirements on a health insurer that provides prescription drug benefits, as provided. The bill would authorize an insurer to require step therapy, as defined, when more than one drug is appropriate for the treatment of a medical condition, subject to specified requirements. The bill, with regard to an insured changing policies, would prohibit a new insurer from requiring the insured to repeat step therapy when that person is already being treated for a medical condition by a prescription drug, as specified. For plan years commencing on or after January 1, 2017, the bill, except as specified, would require a plan or insurer that provides essential health benefits to allow an enrollee or insured to access his or her prescription drug benefits at an in-network retail pharmacy, and would authorize a nongrandfathered individual or small group plan or insurer to charge an enrollee or insured a different cost sharing for obtaining a covered drug at a retail pharmacy, and would require that cost-sharing amount to count towards the plan's or insurer's annual out-of-pocket limitation, as specified. This bill, commencing January 1, 2017, would require a plan or insurer to maintain a pharmacy and therapeutics committee that is responsible for developing, maintaining, and overseeing any drug formulary list, as provided. The bill would require the committee to, among other things, evaluate and analyze treatment protocols and procedures related to the plan's or insurer's drug formulary at least annually. (3) Existing law requires the Department of Managed Health Care and the Department of Insurance to jointly develop a standard formulary template by January 1, 2017, and requires plans and insurers to use that template to display formularies, as specified. Existing law requires the standard formulary template to include specified information. This bill would require the standard formulary template to include additional specified information, including which medications are covered, including both generic and brand name. (4) Because a willful violation of the bill's requirements relative to health care service plans 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 Text

• Chaptered 10/08/15 - Chaptered Current pdf October 08, 2015
• Enrolled 09/16/15 - Enrolled pdf September 16, 2015
• Amended 09/04/15 - Amended Senate pdf September 04, 2015
• Amended 09/01/15 - Amended Senate pdf September 01, 2015
• Amended 07/16/15 - Amended Senate pdf July 16, 2015
• Amended 07/07/15 - Amended Senate pdf July 07, 2015
• Amended 06/24/15 - Amended Senate pdf June 24, 2015
• Amended 06/01/15 - Amended Assembly pdf June 01, 2015
• Amended 05/20/15 - Amended Assembly pdf May 20, 2015
• Amended 05/04/15 - Amended Assembly pdf May 04, 2015
• Amended 04/07/15 - Amended Assembly pdf April 07, 2015
• Introduced 02/13/15 - Introduced pdf February 13, 2015
• AB339 View text html

Action History

1. October 08, 2015

   Chaptered by Secretary of State - Chapter 619, Statutes of 2015.

2. October 08, 2015

   Approved by the Governor.

3. September 23, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. September 11, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 27. Page 3138.).

5. September 10, 2015

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 2694.).

7. September 08, 2015

   Read second time. Ordered to third reading.

8. September 04, 2015

   Read third time and amended. Ordered to second reading.

9. September 01, 2015

   Read second time and amended. Ordered to third reading.

10. August 31, 2015

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).

11. August 17, 2015

    In committee: Referred to APPR. suspense file.

12. July 16, 2015

    Read second time and amended. Re-referred to Com. on APPR.

13. July 16, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (July 15).

14. July 07, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

15. July 01, 2015

    In committee: Set, first hearing. Hearing canceled at the request of author.

16. June 24, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

17. June 18, 2015

    Referred to Com. on HEALTH.

18. June 03, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

19. June 03, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 30. Page 1867.)

20. June 02, 2015

    Read second time. Ordered to third reading.

21. June 01, 2015

    Read second time and amended. Ordered returned to second reading.

22. May 28, 2015

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

23. May 28, 2015

    Joint Rule 62(a), file notice suspended. (Page 1613.)

24. May 27, 2015

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. May 21, 2015

    Re-referred to Com. on APPR.

26. May 20, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

27. May 05, 2015

    Re-referred to Com. on APPR.

28. May 04, 2015

    Read second time and amended.

29. April 30, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 5.) (April 28).

30. April 08, 2015

    Re-referred to Com. on HEALTH.

31. April 07, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

32. February 23, 2015

    Referred to Com. on HEALTH.

33. February 17, 2015

    From printer. May be heard in committee March 19.

34. February 13, 2015

    Read first time. To print.

Sponsors

• Atkins · Cosponsor
• Gordon · Primary

Votes

Subjects