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AB-1288 Health care coverage: Medication-assisted treatment.(2023-2024)



Current Version: 09/11/23 - Enrolled

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AB1288:v96#DOCUMENT

Enrolled  September 11, 2023
Passed  IN  Senate  September 05, 2023
Passed  IN  Assembly  September 07, 2023
Amended  IN  Senate  July 13, 2023
Amended  IN  Senate  July 05, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1288


Introduced by Assembly Member Rendon
(Coauthors: Assembly Members Reyes and Schiavo)

February 16, 2023


An act to add Section 1342.75 to the Health and Safety Code, and to add Section 10123.1934 to the Insurance Code, relating to health care coverage.


LEGISLATIVE COUNSEL'S DIGEST


AB 1288, Rendon. Health care coverage: Medication-assisted treatment.
Existing law, the Knox–Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law authorizes health care service plans and health insurers that cover prescription drugs to utilize reasonable medical management practices, including prior authorization and step therapy, consistent with applicable law.
This bill would prohibit a medical service plan and a health insurer from subjecting a naloxone product, or another opioid antagonist approved by the United States Food and Drug Administration, a buprenorphine product, methadone, or long-acting injectable naltrexone for detoxification or maintenance treatment of a substance use disorder to prior authorization or step therapy. Because a willful violation of these provisions by a health care service plan would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1342.75 is added to the Health and Safety Code, to read:

1342.75.
 Notwithstanding any other law, a health care service plan shall not subject any of the following to prior authorization or step therapy:
(a) A naloxone product or another opioid antagonist approved by the United States Food and Drug Administration.
(b) A buprenorphine product, methadone, or long-acting injectable naltrexone for detoxification or maintenance treatment of a substance use disorder.

SEC. 2.

 Section 10123.1934 is added to the Insurance Code, to read:

10123.1934.
 Notwithstanding any other law, a health insurer shall not subject any of the following to prior authorization or step therapy:
(a) A naloxone product or another opioid antagonist approved by the United States Food and Drug Administration.
(b) A buprenorphine product, methadone, or long-acting injectable naltrexone for detoxification or maintenance treatment of a substance use disorder.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.