NY LEG Utilization Review Standards

Updated on: Dec 30, 2024

Latest Event


  • Dec. 2024 NY LEG Governor Approval
  • On Dec. 21, 2024, NY LEG reported governor approved SB1267(AB0901) as Chap 641.
  • Document dated Dec. 21, 2024, received from NY LEG Dec. 24, summarized Dec. 30.
  • In Feb. 2025, NY LEG issued bill re health care plan step therapy protocol, #245788.

On Jun. 5, NY LEG passed bill on step therapy protocol requirements.

  • NY LEG passed bill SB 1267 (AB 00901) to require a utilization review agent to follow certain rules when establishing a step therapy protocol, require patient protections.
  • Amends Insurance Law NY INS 28-49-1-4902, utilization review program standards.
  • Bill Provisions
  • Step therapy protocols established by a utilization review agent must require use of FDA-approved prescription drug, and/or be supported by current clinical guidelines.
  • The legislation also provides that an insured need only try and fail on two drugs within one therapeutic category before providing coverage of the prescribed drug.
  • Insured to try a step-therapy required drug for 30 days or less or a duration of treatment supported by current evidence based for medical condition being treated.
  • Only imposed on insured if a therapeutic equivalent to the prescribed drug is available.
  • Cannot require newly insured to repeat therapy for prescribed drug where that insured already completed therapy for that drug under a prior plan, subject to disclosures.
  • Legislative History
  • On Jan. 11, 2023, bill introduced in Senate; on Jan. 17, 2023, bill passed in Senate.
  • On Jan. 3, 2024, bill died in Assembly; on Jan. 30, 2024, bill passed Senate again.
  • On May 15, 2024, bill was recalled from the Assembly and returned to the Senate.
  • On May 21, 2024, bill passed in the Senate and was returned to the Assembly.
  • On Jun. 3, 2024, bill substituted for A 901; on Jun. 5, 2024, bill passed Assembly.
  • Effectiveness
  • Act takes effect on the one hundred twentieth day after it shall have become a law.
  • Dec. 2024 NY LEG Governor Approval
  • On Dec. 21, 2024, NY LEG reported governor approved SB1267(AB0901) as Chap 641.
  • Document dated Dec. 21, 2024, received from NY LEG Dec. 24, summarized Dec. 30.
  • In Feb. 2025, NY LEG issued bill re health care plan step therapy protocol, #245788.
Regulators
NY LEG
Entity Types
Ins
Reference
Ch. 641, 12/21/2024; Bill, S01267, A00901, 6/5/2024; Citation: NY INS 28-49-1-4902;
Functions
Claims/Accelerated Benefits; Compliance; Legal; Product Administration
Countries
United States of America
Category
State
N/A
Products
Insurance; Insurance-Health
Rule Type
Final
Regions
Am
Rule Date
Jun 5, 2024
Effective Date
Apr 20, 2025
Rule ID
215097
Linked to
N/A
Reg. Last Update
Dec 21, 2024
Report Section
US Insurance