Bills › 90th General Assembly
Relating to continuity of care and nonmedical switching by health carriers, health benefit plans, and utilization review organizations, and including applicability provisions
Where it is now
- Done: IntroducedJanuary 17, 2023
- Done: SubcommitteeJanuary 26, 2023
- Done: House committeeMarch 2, 2023
- Skipped: Passes the HouseContinued as HF 626
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 626 → Its progress continues under the new number. Go to HF 626 What’s a funnel?
What’s in it
AI summary Health insurance companies cannot suddenly stop covering a prescription drug or make it much more expensive if a person is medically stable on that medicine. This rule applies to people who have already had the drug approved and have been taking it for at least six months. If an insurance company denies a request to keep covering a drug, they must provide a reason and follow a specific process for the person to appeal that decision.1
Read the official explanation
This bill relates to the continuity of care for a covered person and nonmedical switching by health carriers, health benefit plans, and utilization review organizations. The bill provides that during a covered person’s eligibility under a health benefit plan, inclusive of any open enrollment period, a health plan carrier, health benefit plan, or utilization review organization shall not limit or exclude coverage of a prescription drug for the covered person if the covered person is medically stable on the drug as determined by the prescribing health care professional, the drug was previously approved by the health carrier for coverage for the person, and the covered person’s prescribing health care professional has prescribed the drug for the person’s medical condition within the previous six months. coverage of prescription drug benefits, increasing cost sharing for a covered drug, moving a drug to a more restrictive tier, and removing a drug from a formulary. A prescription drug may, however, be removed from a formulary if the United States food and drug administration issues a statement regarding the clinical safety of the drug, or the manufacturer of the drug notifies the United States food and drug administration of a manufacturing discontinuance or potential discontinuance of the drug as required by section 506c of the Federal Food, Drug, and Cosmetic Act. The bill shall not be construed to prohibit a substitution, a formulary change, or a preference by a health carrier for a prescribed drug product that has the same generic name and demonstrated bioavailability, or that is an interchangeable biological product. “Health benefit plan”, “health carrier”, and “utilization review organization” are defined in the bill. The bill requires a covered person and prescribing health care professional to have access to a process to request a coverage exemption determination. The bill defines “coverage exemption determination” as a determination made by a health carrier, health benefit plan, or utilization review organization whether to cover a prescription drug that is otherwise excluded from coverage. A coverage exemption determination request must be approved or denied by the health carrier, health benefit plan, or utilization review organization within five calendar days, or within hours if exigent circumstances exist. If a determination is not received within the applicable time period the coverage exemption is deemed granted. prescription drug, increases cost sharing for the prescription drug, moves the prescription drug to a more restrictive tier, or excludes the prescription drug from the formulary. If a coverage exemption is granted, the bill requires an authorization of coverage that is no more restrictive than that offered in the discontinued health benefit plan, or than that offered prior to implementation of restrictive changes to the health benefit plan’s formulary after the current plan year began. If a determination is made to deny a request for a coverage exemption, the reason for denial and the procedure to appeal the denial must be provided to the requestor. Any determination to deny a coverage exemption may be appealed to the health carrier, health benefit plan, or utilization review organization. A determination to uphold or reverse denial of a coverage exemption must be made within five calendar days of receipt of an appeal, or within hours if exigent circumstances exist. If a determination is not made within the applicable time period, the denial is deemed reversed and the coverage exemption is deemed approved. If a determination to deny a coverage exemption is upheld on appeal, the reason for upholding the denial and the procedure to request external review of the denial pursuant to Code chapter 514J must be provided to the individual who filed the appeal. Any denial of a request for a coverage exemption that is upheld on appeal is considered a final adverse determination for purposes of Code chapter 514J and is eligible for a request for external review by a covered person or the covered person’s authorized representative pursuant to Code chapter 514J. The bill shall not be construed to prevent a health care professional from prescribing another drug covered by the health carrier that the health care professional deems medically necessary for the covered person. for sale in the United States. The bill allows the commissioner to take any necessary enforcement action under the commissioner’s authority to enforce compliance with the bill. The bill is applicable to health benefit plans that are delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2024.
Changed since by amendments S-5159, H-1068; see Amendments.
House subcommittee
Named January 26, 2023. On February 1, 2023 it recommended passage. Vote Total: 3-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
6 written public comments to its subcommittee: January 29, 2024 (3), February 1, 2023 (1), January 26, 2023 (2) · on the Legislature’s site
Fiscal note
AI summary This bill prohibits health insurance carriers from limiting or excluding coverage for certain prescription drugs for medically stable people who have been using them for at least six months. It is estimated to increase the annual cost to the State of Iowa Plan and the Board of Regents insurance plans by between $203,000 and $1,673,000 beginning in fiscal year 2025.3
From the note: House File 626 is estimated to increase the annual cost to the State of Iowa Insurance Plan and the Board of Regents Insurance Plans between $203,000 and $1.7 million, as shown in
- Final Fiscal Note — Prescription Drug Formularies, Preserving Patient Stability · April 17, 2024 · $1.7M
- Prescription Drug Formularies, Preserving Patient Stability · March 29, 2023
- Prescription Drug Formularies, Preserving Patient Stability · March 8, 2023
Family tree
Tried before
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in 2 earlier General Assemblies. None got through a chamber.
- HF 372 Relating to continuity of care and nonmedical switching by health carriers, health benefit…89th General Assembly · Renumbered as HF 656 · same titleCleared committee
- HF 656 Relating to continuity of care and nonmedical switching by health carriers, health benefit…89th General Assembly · Renumbered as HF 2199 · same titleCleared committee
- HF 2199 Relating to continuity of care and nonmedical switching by health carriers, health benefit…89th General Assembly · Approved by committee · very similarCleared committee
- SF 178 Relating to continuity of care and nonmedical switching by health carriers, health benefit…89th General Assembly · Subcommittee recommends passage · very similarCleared committee
- SF 2016 Relating to continuity of care and nonmedical switching by health carriers, health benefit…89th General Assembly · In committee · very similarCleared committee
- HF 204 Relating to continuity of care and nonmedical switching by health carriers, health benefit…88th General Assembly · In committee · same titleCleared committee
- HF 2089 Relating to continuity of care and nonmedical switching by health carriers, health benefit…88th General Assembly · Approved by committee · same titleCleared committee
- HF 2423 Relating to continuity of care and nonmedical switching by health carriers, health benefit…88th General Assembly · Approved by committee · very similarCleared committee
Matched by wording or an identical title.