39-7,120. Limitations on restrictions of patient access to prescription-only drugs through prior authorization or restrictive formulary; rules and regulations; factors to consider. - Kansas Statutes

39-7,120

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 7.--SOCIAL WELFARE

      39-7,120.   Limitations on restrictions of patientaccess to prescription-only drugs through prior authorization or restrictiveformulary; rules and regulations; factors to consider.(a) The Kansas health policy authority shall not restrict patient access toprescription-only drugspursuant to a program of prior authorization or a restrictive formulary exceptby rules and regulations adopted in accordance with K.S.A. 77-415 etseq., and amendments thereto.Prior to the promulgation of any such rules and regulations, theKansas health policy authorityshall submit such proposed rules and regulations to the medicaid drugutilization review board for written comment.The Kansas health policy authority may not implementpermanent prior authorization until 30 days after receipt of comments by thedrug utilization review board.

      (b)   When considering recommendations from the medicaid drug utilizationreview board regarding the prior authorization of a drug, theKansas health policy authorityshall consider the net economic impact ofsuch prior authorization, including, but not limited to, the costs of specificdrugs, rebates or discounts pursuant to 42 U.S.C. 1396r-8, dispensing costs,dosing requirements and utilization of other drugs or other medicaid healthcare services which may be related to the prior authorization of such drug.

      History:   L. 1994, ch. 254, § 4;L. 2002, ch. 180, § 8;L. 2005, ch. 187, § 25;L. 2005, ch. 187, § 54; July 1, 2006.