SF2392 (Legislative Session 94 (2025-2026))

Prior authorization mental health carve out expansion

Related bill: HF2533

AI Generated Summary

This bill, Minnesota Senate File No. 2392, seeks to expand the mental health carve-out from prior authorization requirements under the state's Medicaid program. It does this by amending Minnesota Statutes 2024, section 256B.0625, subdivision 13f.

Key Provisions of the Bill:

  1. Prior Authorization Review Process

    • The Formulary Committee is responsible for reviewing and recommending drugs that require prior authorization.
    • The commissioner must provide data on potential impacts to patient care and program costs before adding any drug to prior authorization.
    • The public is allowed 15 days to comment before any prior authorization is implemented.
  2. Expanded Mental Health Exemptions

    • No prior authorization or utilization management controls can be applied to:
      • Atypical antipsychotics
      • Anticonvulsants
      • Antidepressants
      • Antipsychotics
      • Non-controlled substance anti-anxiety medications
    • The exemption applies if no generic equivalent exists or if the medication was part of a patient’s treatment before July 1, 2003, or remains part of their current treatment.
  3. Protections for Mental Health Medications

    • Automatic 60-day prior authorization approval for brand-name mental health drugs prescribed within 60 days of a generic becoming available.
    • The exemption applies to multistate preferred drug lists or supplemental rebate programs administered by the commissioner.
  4. Liquid Methadone & Oral Liquid Medications

    • No prior authorization for liquid methadone if only one version is available.
    • If multiple liquid methadone versions exist, the commissioner must ensure one version is available without prior authorization.
    • Oral liquid drugs:
      • Automatic approval within 24 hours for FDA-approved conditions if the patient requires enteral tube feeding.
      • The commissioner can choose a preferred liquid version for automatic approval.
  5. New FDA-Approved Drugs

    • Automatic 180-day prior authorization period for any drug approved by the FDA on or after July 1, 2005.
    • After 180 days, the drug must be reviewed under the standard process.
  6. Step Therapy & Prior Authorization Standards

    • Any step therapy protocols must comply with Minnesota Statute 62Q.1841.
    • No prior authorization or step therapy requirements for HIV/AIDS drugs.

Impact of the Bill

  • The bill reduces barriers for patients receiving mental health medication by expanding exemptions from prior authorization.
  • It ensures continuous access to critical psychiatric drugs while maintaining some oversight on cost and utilization.
  • Patients using liquid formulations of medications or requiring enteral tube administration will have faster approvals.

Next Steps

  • The bill was introduced on March 10, 2025, and referred to the Health and Human Services Committee for further consideration.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 10, 2025SenateFloorActionIntroduction and first reading
March 10, 2025SenateFloorActionReferred toHealth and Human Services
March 13, 2025SenateFloorActionAuthor added
March 20, 2025SenateFloorActionAuthor added
March 24, 2025SenateFloorActionAuthor added
April 10, 2025SenateFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "Introduces new conditions under which prior authorization may not be required for certain mental health prescription drugs."
      ],
      "removed": [
        "Eliminates some existing restrictions on prior authorization for certain prescription drugs where generically equivalent versions are available."
      ],
      "summary": "The bill amends prior authorization requirements under section 256B.0625, subdivision 13f.",
      "modified": [
        "Revises the process for the Formulary Committee recommending drugs for prior authorization."
      ]
    },
    "citation": "256B.0625",
    "subdivision": "subdivision 13f"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill refers to prescription requirements under section 151.21, subdivision 2, to highlight dispensing conditions.",
      "modified": [
        "Clarifies that the commissioner may require prior authorization for brand name drugs even when 'dispense as written' is specified."
      ]
    },
    "citation": "151.21",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill ensures compliance of prior authorization with section 62Q.184.",
      "modified": []
    },
    "citation": "62Q.184",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill mandates step therapy protocols to comply with section 62Q.1841.",
      "modified": []
    },
    "citation": "62Q.1841",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee