Statute 39-7,120: Limitations on restrictions of patient
access to prescription-only drugs through prior authorization or restrictive
formulary; rules and regulations; factors to consider.
(a) The Kansas health policy authority shall not restrict patient access to
prescription-only drugs
pursuant to a program of prior authorization or a restrictive formulary except
by rules and regulations adopted in accordance with
K.S.A. 77-415 et
seq., and amendments thereto.
Prior to the promulgation of any such rules and regulations, the
Kansas health policy authority
shall submit such proposed rules and regulations to the medicaid drug
utilization review board for written comment.
The Kansas health policy authority may not implement
permanent prior authorization until 30 days after receipt of comments by the
drug utilization review board.
(b) When considering recommendations from the medicaid drug utilization
review board regarding the prior authorization of a drug, the
Kansas health policy authority
shall consider the net economic impact of
such prior authorization, including, but not limited to, the costs of specific
drugs, rebates or discounts pursuant to 42 U.S.C. 1396r-8, dispensing costs,
dosing requirements and utilization of other drugs or other medicaid health
care services which may be related to the prior authorization of such drug.
History: L. 1994, ch. 254, § 4;
L. 2002, ch. 180, § 8;
L. 2005, ch. 187, § 25;
L. 2005, ch. 187, § 54; July 1, 2006.