§ 23-99-1130 — HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis - Definitions

(a) As used in this section: (1) "AIDS" means acquired immunodeficiency syndrome; and (2) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome. (b) Except as provided in subsection (c) of this section, a health benefit plan or healthcare insurer shall not require prior authorization or step therapy for antiretroviral drugs that are medically necessary for the prevention of HIV or AIDS, including HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis. (c) If the United States Food and Drug Administration approves one (1) or more therapeutic equivalents of a drug, device, or product for the prevention of HIV or AIDS, a health benefit plan or healthcare insurer is not required to cover all therapeutically equivalent versions without prior authorization or step therapy if at least one (1) therapeutically equivalent version is covered without prior authorization or step therapy.

Legislative History

Added by Act 2023, No. 314,§ 5, eff. 8/1/2023.