VA HB1471 | 2023 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: Passed on March 24 2023 - 100% progression
Action: 2023-03-24 - Governor: Acts of Assembly Chapter text (CHAP0474)
Text: Latest bill text (Chaptered) [HTML]

Summary

Health insurance; electronic prior authorization and disclosure of certain information; out-of-pocket costs; report. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to all e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard and the National Council for Prescription Drug Programs Real Time Benefit Standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests (a) for which no additional information is needed by the carrier to process the prior authorization request, (b) for which no clinical review is required, and (c) that meet the carrier's criteria for approval; (iv) links directly to real-time patient out-of-pocket costs for the office visit; and (v) otherwise meets the requirements for contracts between carriers and participating health care providers. The bill prohibits a carrier from (a) imposing a fee or charge on any person for accessing the required online process who is required to do so or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill also requires carriers, no later than July 1, 2024, to provide contact information of any third-party vendor or other entity the carrier will use to meet the requirements of the bill to any provider that requests such information. The carrier may post such information on its website to meet such requirement. Health insurance; electronic prior authorization and disclosure of certain information; out-of-pocket costs; report. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to all e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard and the National Council for Prescription Drug Programs Real Time Benefit Standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests (a) for which no additional information is needed by the carrier to process the prior authorization request, (b) for which no clinical review is required, and (c) that meet the carrier's criteria for approval; (iv) links directly to real-time patient out-of-pocket costs for the office visit; and (v) otherwise meets the requirements for contracts between carriers and participating health care providers. The bill prohibits a carrier from (a) imposing a fee or charge on any person for accessing the required online process who is required to do so or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill also requires carriers, no later than July 1, 2024, to provide contact information of any third-party vendor or other entity the carrier will use to meet the requirements of the bill to any provider that requests such information. The carrier may post such information on its website to meet such requirement. The bill requires participating health care providers, beginning July 1, 2025, to ensure that any e-prescribing system or electronic health record system owned by or contracted for the provider to maintain an enrollee's health record has the ability to access, at the point of prescribing, the electronic prior authorization process established by a carrier and real-time patient-specific benefit information, including out-of-pocket costs and more affordable medication alternatives made available by a carrier. The bill provides that a provider may request a waiver of compliance for undue hardship for a period not to exceed 12 months. The bill requires any carrier or its pharmacy benefits manager to provide real-time patient-specific information to enrollees and contracted providers for the office visit, including any out-of-pocket costs and more affordable medication alternatives or prior authorization requirements, and to ensure that the data is accurate. The bill requires that such cost information data be available to the provider at the point of prescribing in an accessible and understandable format, such as through the provider's e-prescribing system or electronic health record system that the carrier or pharmacy benefits manager or its designated subcontractor has adopted that utilizes the National Council for Prescription Drug Programs SCRIPT standard and the National Council for Prescription Drug Programs Real Time Benefit Standard from which the provider makes the request. The bill requires the State Corporation Commission's Bureau of Insurance to, in coordination with the Secretary of Health and Human Resources, establish a work group to assess implementation and develop recommendations for electronic prior authorization and real-time cost benefit information for prescription drugs, to evaluate and make recommendations to establish a process for electronic prior authorization for surgery and other procedures, and to evaluate and make recommendations to establish an online process for a real-time link at the point of prescribing for any available prescription coupons. The work group shall report its findings and recommendations to the Chairmen of the Senate Committees on Commerce and Labor and Education and Health and the House Committees on Commerce and Energy and Health, Welfare and Institutions annually by November 1 and shall make its final report by November 1, 2025.

Tracking Information

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Title

Health insurance; electronic prior authorization and disclosure of certain information.

Sponsors


Roll Calls

2023-02-20 - House - House: VOTE: Adoption (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-16 - Senate - Senate: Passed Senate with amendments (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-15 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-13 - Senate - Senate: Reported from Commerce and Labor with amendments (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-30 - House - House: VOTE: (100-Y 0-N) (Y: 100 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-24 - House - House: Reported from Commerce and Energy with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-19 - House - House: Subcommittee recommends reporting with substitute (10-Y 0-N) (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2023-03-24 Governor: Acts of Assembly Chapter text (CHAP0474)
2023-03-24 Governor: Approved by Governor-Chapter 474 (effective 7/1/23)
2023-03-02 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-02HouseEnrolled Bill communicated to Governor on March 2, 2023
2023-02-25SenateSigned by President
2023-02-23HouseSigned by Speaker
2023-02-23HouseBill text as passed House and Senate (HB1471ER)
2023-02-23HouseEnrolled
2023-02-20HouseVOTE: Adoption (99-Y 0-N)
2023-02-20HouseSenate amendments agreed to by House (99-Y 0-N)
2023-02-20HousePlaced on Calendar
2023-02-16SenatePassed Senate with amendments (40-Y 0-N)
2023-02-16SenateEngrossed by Senate as amended
2023-02-16SenateCommittee amendment #3 rejected
2023-02-16SenateCommittee amendments #1 and #2 agreed to
2023-02-16SenateReading of amendments waived
2023-02-16SenatePassed by temporarily
2023-02-16SenateRead third time
2023-02-15SenateConstitutional reading dispensed (40-Y 0-N)
2023-02-13SenateReported from Commerce and Labor with amendments (14-Y 0-N)
2023-01-31SenateReferred to Committee on Commerce and Labor
2023-01-31SenateConstitutional reading dispensed
2023-01-30HouseVOTE: (100-Y 0-N)
2023-01-30HouseRead third time and passed House BLOCK VOTE (100-Y 0-N)
2023-01-27HousePrinted as engrossed 23104853D-EH1
2023-01-27HouseEngrossed by House - committee substitute with amendment HB1471EH1
2023-01-27HouseAmendment by Delegate Fowler agreed to
2023-01-27HouseCommittee substitute agreed to 23104853D-H1
2023-01-27HouseRead second time
2023-01-26HouseRead first time
2023-01-24HouseCommittee substitute printed 23104853D-H1
2023-01-24HouseReported from Commerce and Energy with substitute (22-Y 0-N)
2023-01-19HouseSubcommittee recommends reporting with substitute (10-Y 0-N)
2023-01-16HouseAssigned sub: Subcommittee #2
2022-12-30HouseReferred to Committee on Commerce and Energy
2022-12-30HousePrefiled and ordered printed; offered 01/11/23 23101242D

Same As/Similar To

SB1261 (Same As) 2023-03-24 - Governor: Acts of Assembly Chapter text (CHAP0475)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
3823407.15:2(n/a)See Bill Text
3823407.15:8(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB1471
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1471+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1471H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1471EH1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1471ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0474+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23104853D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/23104853D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23105712A.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB1471AH
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB1471AS
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB1471ASE
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB1471ASR
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1471F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1471FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1471FEH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1471FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H2302V0002+HB1471
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H23V0025+HB1471
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1172+HB1471
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S02V0111+HB1471
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0505HB1471+HB1471
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0532HB1471+HB1471
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2051+HB1471

Bill Comments

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