This bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy (or fail first) protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer.
A request for such an exception to the protocol must be granted if:
(1) An otherwise required treatment has been ineffective.
(2) The treatment is expected to be ineffective and delaying effective treatment would lead to irreversible consequences.
(3) The treatment will cause or is likely to cause an adverse reaction to the individual.
(4) The treatment is expected to prevent you from performing daily activities (ADL) or occupational responsibilities.
(5) You are stable on your current prescription drugs already selected by your provider and the drug has been covered by your previous or current insurance plan.
(6) There are other circumstances as determined by the Employee Benefits Security Administration.
** Source: Congress.gov