10123.204.
(a) Notwithstanding any other law, a health insurance policy issued, amended, or renewed on or after January 1, 2022, that provides outpatient prescription drug benefits shall do both of the following:(1) Cover, under applicable pharmacy and medical benefits, all medically necessary prescription drugs approved by the United States Food and Drug Administration (FDA) for treating substance use disorders that are appropriate for the specific needs of an insured.
(2) Place all outpatient prescription drugs approved by the FDA for treating substance use disorders on the lowest cost-sharing tier of the drug formulary developed and maintained by the health insurer or the health
insurer’s pharmacy benefit manager, except as authorized in subdivision (c).
(b) Except as authorized in subdivision (c), a health insurance policy issued, amended, or renewed on or after January 1, 2022, shall not impose any of the following:
(1) Prior authorization requirements on a prescription drug approved by the FDA for treating substance use disorders, or on any behavioral, cognitive, or mental health services prescribed in conjunction with or supplementary to that drug for the purpose of treating a substance use disorder.
(2) A requirement that the insured receives treatment at an outpatient facility that exceeds allowable time and distance standards for network adequacy.
(3) A limit on the number of visits, days of coverage, scope or duration
of treatment, or other similar limitations on coverage of prescription drugs and benefits for treating substance use disorders.
(4) An exclusion or limitation on coverage of prescription drugs and benefits for treating substance use disorders based on an insured’s prior success or failure with substance use disorder treatment.
(5) Step therapy requirements on a prescription drug approved by the FDA for treating substance use disorders.
(6) A requirement that the insured receives concurrent behavioral, cognitive, mental health, or other services as a condition of coverage for a prescription drug approved by the FDA for treating substance use disorders.
(7) An exclusion of coverage for a prescription drug approved by the FDA for treating substance use
disorders and any associated counseling or wraparound services on the grounds that substance use disorder treatment was court ordered if the drugs and services were determined to be medically necessary, prescribed by a licensed health care provider, and provided in a community setting.
(c) If the FDA has approved one or more therapeutic equivalents of a prescription drug for treating substance use disorders, a health insurance policy issued, amended, or renewed on or after January 1, 2022, may do both of the following:
(1) Place a therapeutic equivalent of the drug on any tier of a drug formulary if at least one therapeutic equivalent of the drug is covered on the lowest cost-sharing tier of the drug formulary.
(2) Require prior authorization or step therapy for a therapeutic equivalent of the drug if at least one
therapeutic equivalent of the drug is covered without prior authorization or step therapy.
(d) A health insurer shall disclose which providers in each network provide prescription drugs approved by the FDA for treating substance use disorders and the level of care that those providers render pursuant to the current edition of the ASAM Criteria. The disclosure shall be made in a prominent location in the online and printed provider directories.
(e) This section does not apply to a specialized health insurance policy that covers only vision or dental benefits or a Medicare supplement policy.
(f) For purposes of this section, the following definitions apply:
(1) “ASAM Criteria” means the national set of criteria for providing outcome-oriented and
results-based care in treating addiction, and includes a comprehensive set of guidelines for placement, continued stay, and transfer and discharge of patients with addiction and cooccurring conditions, as published by the American Society of Addiction Medicine.
(2) “Pharmacy benefit manager” means a person, business, or other entity that, pursuant to a contract with a health insurer, manages the prescription drug coverage provided by the health insurer, including the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.
(3) “Prior authorization” means the process by which a health insurer or pharmacy benefit
manager determines the medical necessity of otherwise covered health care services before those services are rendered. “Prior authorization” includes any requirement of a health insurer, or of any entities with which the insurer contracts for services that include utilization review or utilization management functions, that an insured or health care provider notify the health insurer or contracting entity before those services are provided.
(4) “Step therapy” has the same meaning as defined in Section 10123.201.