S.B. 86

1

AMENDMENTS TO PREFERRED DRUG LIST
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Allen M. Christensen
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Medical Assistance Act.
10 Highlighted Provisions:
11 This bill:
12 . amends exceptions to the preferred drug list in the state Medicaid program; and
13 . makes technical amendments.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 26-18-2.4, as last amended by Laws of Utah 2008, Chapter 180
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 26-18-2.4 is amended to read:
24 26-18-2.4. Medicaid drug program.
25 (1) A Medicaid drug program developed by the department under Subsection 26-18-2.3
26 (2)(f):
27 (a) shall, notwithstanding Subsection 26-18-2.3 (1)(b), be based on clinical and

28 cost-related factors which include medical necessity as determined by a provider in accordance
29 with administrative rules established by the Drug Utilization Review Board;
30 (b) may include therapeutic categories of drugs that may be exempted from the drug
31 program;
32 (c) may include placing some drugs, except the drugs described in Subsection (3), on a
33 preferred drug list to the extent determined appropriate by the department; and
34 (d) (i) except as prohibited by Subsections 58-17b-606 (4) and (5), shall permit a health
35 care provider with prescriptive authority to override the restrictions of a preferred drug list
36 provided that the medical necessity for the override is documented in the patient's medical file
37 and by handwriting on the prescription "medically necessary - dispense as written"; and
38 (ii) shall not permit a health care provider with prescriptive authority to override the
39 restrictions of a preferred drug list with any preprinted instructions for dispense as written, or
40 no substitutions allowed.
41 (2) If the department implements a [drug program under the provisions of Subsection
42 (1)(c)] preferred drug list, the department shall[: (a)] determine the percentage of prescriptions
43 that are paid for by the department which are overrides to the preferred drug list under
44 Subsection (1)(d)(i)[;] and annually report the percentage to the Legislature's Health and
45 Human Services Interim Committee.
46 [(b) include the information required by Subsection (2)(a) in the report required by
47 Subsection (2)(c); and]
48 [(c) report its findings regarding the drug program to the Legislative Health and Human
49 Services Interim Committee by August 30, 2008, and to the Legislative Health and Human
50 Services Appropriations Subcommittee during the 2009 General Session.]
51 (3) (a) For purposes of this Subsection (3), "immunosuppressive drug":
52 (i) means a drug that is used in immunosuppressive therapy to inhibit or prevent
53 activity of the immune system to aid the body in preventing the rejection of transplanted organs
54 and tissue; and
55 (ii) does not include drugs used for the treatment of autoimmune disease or diseases
56 that are most likely of autoimmune origin.
57 (b) A preferred drug list developed under the provisions of this section may not
58 include:

59 (i) [a psychotropic or] a typical or atypical anti-psychotic drug; or
60 (ii) an immunosuppressive drug.
61 (c) The state Medicaid program shall reimburse for a prescription for an
62 immunosuppressive drug as written by the health care provider for a patient who has undergone
63 an organ transplant. For purposes of Subsection 58-17b-606 (4), and with respect to patients
64 who have undergone an organ transplant, the prescription for a particular immunosuppressive
65 drug as written by a health care provider meets the criteria of demonstrating to the Department
66 of Health a medical necessity for dispensing the prescribed immunosuppressive drug.
67 (d) Notwithstanding the requirements of Part 2, Drug Utilization Review Board, the
68 state Medicaid drug program may not require the use of step therapy for immunosuppressive
69 drugs without the written or oral consent of the health care provider and the patient.




Legislative Review Note
as of 12-22-08 10:26 AM

Office of Legislative Research and General Counsel