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Dec. 15, 2019
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Minutes for SB304 - Committee on Public Health and Welfare

Short Title

Establishing restrictions on health insurance use of step therapy protocols.

Minutes Content for Thu, Feb 15, 2018

Chairperson Schmidt opened the hearing on SB304.

Scott Abbott, Staff Revisor, gave an overview of the bill.

Representative Eric Smith gave testimony in support of SB304 by sharing his wife's diagnosis and ever changing treatment of Multiple Sclerosis (MS). The very nature of the disease is a continuing changing of medications as symptoms come and go. He stated that following financial guidelines dictated by an insurance company is unimaginable but what many people endure due to the antiquated practices of step therapy. (Attachment 4)

Kari Rinker testified as a proponent of SB304 which proposes to improve the laws regarding step therapy protocols for prescription drugs. She further stated that the passage of SB304 will have a significant, positive impact on people living with and affected by MS. (Attachment 5)

Tally Bell gave testimony in support of SB304 stating that it puts in place stronger protections and guidelines to eliminate cost as a leading factor in implementing step therapy and defends patients who have found stability on a drug from a current or past health plan. (Attachment 6)

Brad Grinage testified in support of SB304 stating that the Kansas Psychiatric Society (KPS) endorse the need for a response to step therapy exception within 72 hours of receipt of an appeal or if exigent circumstances exist, with 24 hours of receipt of the request. KPS supports medical judgment taking precedence over arbitrary guidelines imposed by those not involved directly in the patients care. (Attachment 7)

Rick Cagan gave proponent testimony for urging support of SB304 as a positive set of patient protections for individuals insured in the private market. SB304 establishes a clear process to protect patients from being required to try or stay on a step therapy medication if it is contraindicated or will likely cause an adverse reaction or harm or if it is expected to be ineffective based on known clinical characteristics of the patient and of the prescription drug. (Attachment 8)

Staci Penner testified in support of SB304. She is the mother of a daughter who suffers from with polyarticular arthritis and she herself has been diagnosed with rheumatoid arthritis. She is also an occupational therapist who has experienced the effects of arthritis in her profession. She stated that doctors know the best treatment plan for patients - not a health plan's step therapy policies.(Attachment 9)

Gayle M. Taylor-Ford spoke in support of SB304 with patient protections in place. She believes that applying step therapy and prior authorization protocols rigidly to a pain patient is not in the patient's best interest and simply creates undue challenges to pain patients. (Attachment 10)

Written testimony in support of SB304 was submitted by:

Katie Duensing, Academy of Integrative Pain Management (Attachment 11)

Darla Templeton, Epilepsy Foundation (Attachment 12)

Dana Bacon, The Leukemia and Lymphoma Society (Attachment 13)

Tim Boyd, National Orgranization for Rare Disorders (Attachment 14)

Randy Beranek, National Psoriasis Foundation (Attachment 15)

Dr. Mark Box, Carondelet Rheumatology (Attachment 16)

Peggy L. Johnson, Susan G. Komen Kansas (Attachment 17)

Michele Guadalupe, Arthritis Foundation (Attachment 18)

Kyle Kessler, Association of Community Mental Health Centers of Kansas Inc. (Attachment 19)

Hilary Gee, Cancer Action Network (Attachment 20)

Amy A. Campbell, Kansas Mental Health Coalition (Attachment 21)

Testifying in opposition to SB304 was LuGina Mendez-Harper stating that the bill provides an avenue to easily circumvent step therapy and the result will be higher drug costs for insurance plans and out of pockets cost for patients. (Attachment 22)

Larrie Ann Brown testified as an opponent to SB304. She stated that she believes step therapy programs provide value to her clients and patients while offering safe and effective lower cost medications. She has concerns that a number of the bill's provisions and requirements will limit the safe and effective use of step therapy programs. (Attachment 23)

Dr. Greg Lakin testified in opposition to SB304 stating that step therapy is needed to control the escalating costs of ever increasing prescription drugs.The cost to all state, school, and self-funded municipal plans will increase drastically.  (Attachment 24)

Questions were posed by committee members.

Written opposition testimony was submitted by:

Melodie Shrader, Pharmaceutical Care Management Association (Attachment 25)

William W. Sneed, Sneed Law Firm, LLC (Attachment 26)

Noah Tabor, Medica (Attachment 27)

Questions were posed by Committee members. Chairperson Schmidt closed the hearing on SB304.