HOUSE BILL No. 4757

 

June 15, 2011, Introduced by Rep. Lori and referred to the Committee on Appropriations.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 9709 (MCL 333.9709), as added by 2004 PA 250.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9709. (1) Except as otherwise provided by law or in this

 

part, a prescriber shall obtain prior authorization for drugs that

 

are being provided to medicaid beneficiaries directly through the

 

department on a fee for service basis or pursuant to a contract for

 

such pharmaceutical services and that are not included on the

 

department's preferred drug list. If the prescriber's prior

 

authorization request is denied, the department or the department's

 

agent shall inform the requesting prescriber of his or her option

 

to speak to the agent's physician on duty regarding his or her

 


request. If immediate contact with the agent's physician on duty

 

cannot be arranged, the department or the department's agent shall

 

inform the requesting prescriber of his or her right to request a

 

72-hour supply of the nonauthorized drug. If contact with the

 

agent's physician on duty cannot be arranged within 72 hours due to

 

a legal holiday, the requesting prescriber may request a longer

 

supply of the nonauthorized drug.

 

     (2) The department or the department's agent shall provide

 

authorization for prescribed drugs that are not on its preferred

 

drug list if any of the following are satisfied:

 

     (a) The prescribing physician telephones the department's

 

agent or certifies in writing on a form as provided by the

 

department that the drugs are being prescribed consistent with its

 

licensed indications, that no other drugs included on the preferred

 

drug list, in the physician's professional opinion, would offer a

 

comparable benefit to the patient, and that the drugs are necessary

 

for the continued stabilization of the patient's medical condition.

 

     (b) The prescribing physician telephones the department's

 

agent or certifies in writing on a form as provided by the

 

department that following documented failures on earlier

 

prescription regimens, in the physician's professional opinion, no

 

other drug or drugs included on the preferred drug list can provide

 

a comparable benefit.

 

     (c) The prescribing physician telephones the department's

 

agent or certifies in writing on a form as provided by the

 

department that no other drugs included on the preferred drug list,

 

in the physician's professional opinion, would offer a comparable

 


benefit to the patient and that the drugs are being prescribed to a

 

patient for the treatment of any symptoms or side effects that are

 

a direct result of treatment received for any of the following:

 

     (i) Human immunodeficiency virus infections or the

 

complications of the human immunodeficiency virus or acquired

 

immunodeficiency syndrome.

 

     (ii) Cancer.

 

     (iii) Organ replacement therapy.

 

     (iv) Epilepsy or seizure disorder.

 

     (3) The department or the department's agent shall provide

 

authorization for a prescribed drug that is not on its preferred

 

drug list if each of the following is met:

 

     (a) The prescribing physician has achieved advanced

 

specialization training and is certified as a specialist by a

 

specialty board that is recognized by the American osteopathic

 

association and the council on graduate medical education or their

 

successor organizations and provides documentation of his or her

 

certification.

 

     (b) The prescribing physician described in subdivision (a)

 

telephones the department or certifies in writing each of the

 

following:

 

     (i) The prescribed drug is being prescribed consistent with its

 

licensed indications or with generally accepted medical practice as

 

documented in a standard medical reference.

 

     (ii) The prescribed drug is being used to treat a condition

 

that is normally treated within the prescribing physician's

 

specialty field.

 


     (iii) In the physician's professional opinion, no other drug or

 

drugs included on the preferred drug list can provide a comparable

 

benefit.

 

     (3) (4) Documentation of necessity or failures under

 

subsection (2) or (3) may be provided by telephone, facsimile, or

 

electronic transmission.

 

     (4) (5) A patient who is under a court order for a particular

 

prescription drug before becoming a recipient of medicaid is exempt

 

from the prior authorization process and may continue on that

 

medication for the duration of the order.

 

     (6) Except as otherwise provided under this subsection, a

 

patient who is currently under medical treatment and whose

 

condition has been stabilized under a given prescription regimen

 

before becoming a recipient of medicaid is exempt from the prior

 

authorization process and may continue on that medication for the

 

current course of treatment if without that prescription regimen

 

the patient would suffer serious health consequences. Unless a

 

controlled substance is currently being prescribed under a

 

patient's hospice plan of care, a continuing prescription for a

 

controlled substance under this subsection requires prior

 

authorization. The department or the department's agent shall not

 

deny a request for prior authorization of a controlled substance

 

under this subsection unless the department or the department's

 

agent determines that the controlled substance or the dosage of the

 

controlled substance being prescribed is not consistent with its

 

licensed indications or with generally accepted medical practice as

 

documented in a standard medical reference.

 


     (5) (7) This section does not apply to drugs being provided

 

under a contract between the department and a health maintenance

 

organization.