Safe Step Act

Full Title:
Safe Step Act

Summary#

This bill, called the Safe Step Act, adds a new section to the Employee Retirement Income Security Act (ERISA). It requires any group health plan or the insurer offering group coverage that uses a medication step therapy protocol to have a clear exceptions process. A medication step therapy protocol is one that makes a patient try a preferred drug first before the plan will cover a non-preferred drug.

The bill lists specific reasons a plan must approve an exception if the prescriber or patient asks: prior drugs were ineffective, delays would cause serious harm, required drugs are contraindicated or likely to cause harm, required drugs would prevent safe functioning at work or daily life, the patient is stable on the requested drug with prior approval, or other circumstances the Secretary of Labor identifies. Plans must let prescribers or patients submit clinical information, use a standard form (paper and electronic), allow representatives to act for patients, and explain required information and criteria. Normal exception decisions must be made within 72 hours; expedited reviews for serious cases must be done within 24 hours. If an exception is granted, coverage for the requested drug must continue for at least one year. Plans must report data about exception requests to the Secretary and the Secretary must report summaries to Congress. The rule applies to plan years that begin at least six months after the law is enacted, and the Secretary of Labor must issue final regulations within six months.

What it means for you#

  • If your employer plan uses step therapy, you or your prescriber can ask for an exception when one of the listed reasons applies.
  • You or your prescriber can submit the request by paper or electronically using a standard form and provide medical records or clinical information.
  • Plans must notify you or your prescriber within 72 hours for routine requests and within 24 hours for urgent requests that could seriously harm health or function.
  • If approved, the plan must cover the requested drug under the plan's cost-sharing rules and keep that coverage for at least one year.
  • Information about the exception process must be in plan materials (including the summary of benefits) and, if available, on the plan or issuer website.
  • Plans and issuers must report exception request data to the Secretary annually starting three years after enactment, and the Secretary will provide summaries to Congress.
  • The rule applies to group health plans and coverage offered in connection with such plans and takes effect for plan years starting at least six months after enactment.

Expenses#

No publicly available information on estimated costs to group health plans, plan sponsors, plan participants, health insurance issuers, or the federal government is included in the bill text or metadata provided.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.