Senate Bill 2322

AN ACT TO PROHIBIT HEALTH INSURANCE PLANS OR POLICIES FROM REQUIRING THE ENROLLEE TO UNDERGO STEP THERAPY BEFORE RECEIVING CERTAIN PRESCRIPTION DRUGS TO TREAT STAGE-FOUR ADVANCED, METASTATIC CANCER; AND FOR RELATED PURPOSES.

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

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

(a) "Stage-four 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.

(b) "Health plan or policy" means any hospital, health or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type, including a group insurance plan and the State and School Employees Life and Health Insurance Plan.

(2) Any health plan or policy delivered, issued for delivery, or renewed on or after January 1, 2022, that provides coverage for stage-four advanced, metastatic cancer 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 act applies only to a drug the use of which is:

(a) Consistent with best practices for the treatment of stage-four advanced, metastatic cancer; and

(b) Supported by peer-reviewed medical literature.

(4) This act applies to coverage under a group health benefit plan or policy provided to a resident of this state regardless of whether the group policy, agreement or contract is delivered, issued for delivery or renewed in this state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.