Senate Bill 2367

AN ACT TO AMEND SECTION 3, CHAPTER NO. 379, LAWS OF 2024, AND TO BRING FORWARD SECTION 83-9-8.1, MISSISSIPPI CODE OF 1972, TO DELETE THE REPEALER ON THE STATUTE PROHIBITING HEALTH INSURANCE PLANS OR POLICIES FROM REQUIRING THE ENROLLEE TO UNDERGO STEP THERAPY BEFORE RECEIVING CERTAIN PRESCRIPTION DRUGS TO TREAT ADVANCED METASTATIC CANCER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 3, Chapter No. 379, Laws of 2024, (House Bill No. 1143) is amended as follows:

Section 3. This act shall take effect and be in force from and after July 1, 2024 * * *.

SECTION 2. Section 83-9-8.1, Mississippi Code of 1972, is brought forward as follows:

83-9-8.1. (1) As used in this section, the following terms shall be defined as provided in this subsection:

(a) "Associated conditions" means the symptoms or side effects associated with advanced, metastatic cancer or its treatment and which, in the judgment of the health care practitioner, further jeopardizes the health of a patient if left untreated.

(b) "Advanced, metastatic cancer" means cancer that has spread from the primary or original site of the cancer to nearby tissues, lymph nodes, or other areas or parts of the body.

(c) "Health benefit plan" means a policy, contract, certificate or agreement entered into, offered by or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

(2) A health benefit plan that provides coverage for advanced, metastatic cancer and associated conditions may not require, before the health benefit plan provides coverage of a prescription drug approved by the United States Food and Drug Administration, that the enrollee:

(a) Fail to successfully respond to a different drug; or

(b) Prove a history of failure of a different drug.

(3) This section applies only to a drug the use of which is:

(a) Consistent with best practices for the treatment of advanced, metastatic cancer or an associated condition;

(b) Supported by peer-reviewed, evidence-based literature; and

SECTION 3. This act shall take effect and be in force from and after its passage.