COL INS Mental Illness Drug Coverage


On Jun. 6, COL INS proposed regulation on prescription drug coverage


  • COL INS proposed new Regulation 4-2-XX concerning requirements for insurers using step therapy utilization for prescription drug coverage for serious mental illness.
  • Regulation to implement bill HB23-1130 and to establish requirements, see #175396.
  • Proposed Regulation
  • Establishes requirements, process, and form to be utilized by health benefit plans for step therapy utilization and exceptions for enrollees with serious mental illnesses.
  • If health benefit requires step therapy for prescription medication to treat a serious mental illness, it may only require a covered person to try one prescription drug.
  • Other than the drug prescribed by the provider prior to covering the drug prescribed by the covered person’s provider and the provider’s determination shall be final.
  • Carrier must cover the prescription drug without additional step therapy requirements.
  • Insurer to use attestation exception form for providers for use in exceptions to step therapy for an enrollee with a serious mental illness if certain conditions are met.
  • Shall authorize coverage for a prescription drug prescribed by the covered person’s provider when a step-therapy attestation exception form is submitted for that drug.
  • Consultation
  • Comments on proposed regulation are due by 5:00pm on Jun. 12, 2024.
  • Jul. 16, 2024 COL INS Hearing Notice
  • On Jul. 16, 2024, COL INS reported a rule hearing is scheduled for Aug. 19, 2024.
  • Jul. 25, 2024 COL INS State Register
  • On Jul. 25, 2024, COL INS published proposed Regulation 4-2-100 in State register.
  • Also published notice of hearing scheduled for Aug. 19, 2024 in calendar of hearings.
  • Notice included red-lined version of the rule amendments beginning on page 112.
  • Upon adoption, the new regulation is slated to become effective as of Jan. 1, 2025.
  • Sep. 2024 COL INS Final Regulations
  • On Sep. 3, 2024, COL INS issued final step therapy rule, effective on Jan. 1, 2025.
  • Oct. 2024 COL INS Register Adoption
  • On Oct. 10, 2024, COL INS published adoption, State AG opinion in State register.

Regulators COL INS
Entity Types Ins
Reference COL SR Vol. 47 No. 19, 10/10/2024; Dec. 2024-00344, 9/16/2024; RF, 9/3/2024; COL SR Vol. 47 No. 14, RF, 4-2-100, 7/25/2024; Nt, 7/16/2024; RF, 6/6/2024;
Functions Claims/Accelerated Benefits; Compliance; Financial; Legal; Operations; Reporting; Underwriting
Countries United States of America
Category
State
Products Insurance; Insurance-Health
Regions Am
Rule Type Final
Rule Date 6/6/2024
Effective Date 1/1/2025
Rule Id 214853
Linked to Rule :175396
Reg. Last Update 10/10/2024
Report Section US Insurance

Last substantive update on 10/15/2024