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HB954 • 2026

RELATING TO PRIOR AUTHORIZATION.

RELATING TO PRIOR AUTHORIZATION.

Healthcare
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
TAKAYAMA
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on prohibitions against denying urgent or emergency care services.

Ensuring Transparency in Prior Authorization Act

This act sets rules for health insurance companies to make the process of getting approval before receiving medical services clearer and more efficient.

What This Bill Does

  • Sets up rules for how health insurance companies must handle requests for prior authorization, which is when a patient needs permission from their insurer before getting certain medical treatments or prescriptions.
  • Requires health insurers to use electronic systems by January 1, 2026, to speed up the process of getting approvals.
  • Establishes requirements for reporting and transparency, so that insurance companies must report annually on their prior authorization processes to the Insurance Commissioner.
  • Requires the Insurance Commissioner to create rules by January 1, 2026, to ensure compliance with these new regulations.

Who It Names or Affects

  • Health insurers and utilization review entities in Hawaii
  • Patients seeking medical services or prescriptions that require prior authorization

Terms To Know

Prior Authorization
The process where a health care provider must get approval from an insurance plan before providing certain medical services or prescriptions to a patient.
Utilization Review Entity
An individual or entity that reviews and issues prior authorizations for health benefit plans, insurers, or other organizations offering health benefits in the state.

Limits and Unknowns

  • The bill does not specify penalties for non-compliance with its requirements.
  • It is unclear how this act will be enforced and what resources will be allocated to ensure compliance by insurance companies.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-23 H

    Referred to HLT, CPC, FIN, referral sheet 3

  3. 2025-01-23 H

    Introduced and Pass First Reading.

  4. 2025-01-21 H

    Pending introduction.

Official Summary Text

RELATING TO PRIOR AUTHORIZATION.
Insurance Commissioner; Ensuring Transparency in Prior Authorization Act; Prior Authorization; Utilization Review Entity; Adverse Determination; Health Care Services; Reports
Establishes a comprehensive regulatory framework for prior authorization process in the State, including disclosure and notice requirements for utilization review entities regarding their prior authorization requirements and restrictions; qualifications and criteria for prior authorization review and appeals personnel; prior authorization process for non-urgent and urgent health care services, including the time frame by which utilization review entities must render a decision; adverse determination and appeal processes; prohibition of prior authorization for emergency health care services and medication for opioid use disorder; payments to health care providers; length and duration of prior authorizations; and exemptions for certain health care providers. Requires health insurers to utilize NCPDP SCRIPT Standard electronic prior authorization transactions by 1/1/2026. Requires utilization review entities to submit annual reports to the Insurance Commissioner each year. Requires the Insurance Commissioner to submit annual reports to the Legislature. Requires the Insurance Commissioner to adopt rules by 1/1/2026.

Current Bill Text

Read the full stored bill text
HB954

HOUSE OF REPRESENTATIVES

H.B. NO.

954

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to prior authorization
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The
legislature finds that prior authorization is a process where a health care
provider must get approval from a health insurance plan
before

providing certain medical services or prescriptions to a patient,
ensuring that the treatment is deemed medically necessary and covered by the
patient's health insurance plan.
�
Prior
authorization helps avoid unsafe or unnecessary treatments, lowers risk of
harmful drug interactions, cuts out-of-pocket costs for patients, and confines
health insurers
'
expenses to health care treatment
s

deemed medically necessary.
�
However,
prior authorization in the State has become increasingly complex and opaque,
causing delays in patient care, increasing administrative burdens, and eroding
public

trust in the health care system
, as the process places cost saving ahead of
optimal patient care
.

����
The legislature further finds that
lawmakers at the state and federal levels have similarly recognized the need
for prior authorization reform.
�
In 2023,
nine states and
Washington, D.C.
enacted measures to
reform the prior authorization process in their jurisdictions.
�
Further,
in 2024,
more than
ninety bills have been introduced in legislatures across thirty states.
�
New Jersey, Tennessee, and Washington D.C
.

have
recently enacted comprehensive prior authorization reform
laws
,
which will generally increase transparency and improve administrative
efficiency around the prior authorization process and align clinical criteria
used in making prior authorization determinations to nationally recognized
standards.

����
The legislature believes that
patient-physician
relationship is paramount and should not be subject to third-party
intrusion.
�
Furthermore,
prior
authorization
shall not ge permitted to hinder patient care
or intrude on the practice of medicine.
�

Therefore,
prior authorization

must be used
judiciously, efficiently, and in a manner that prevents cost-shifting onto
patients, physicians, and other health care providers.

����
Accordingly, the purpose of this Act is to
establish a comprehensive regulatory framework for the prior authorization
process in the State.

����
SECTION 2.
�

The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:

"
Chapter

Ensuring
transparency in prior authorization act

����
�

-1
�
Short title.
�
This chapter shall be known and may be cited
as the Ensuring Transparency in Prior Authorization Act.

����
�

-2
�
Definitions.
�
As used in this chapter:

����
"Adverse determination" means a
decision by a utilization review entity to deny, reduce, or terminate a benefit
coverage because the health care services furnished or proposed to be furnished
to an enrollee are not medically necessary or are experimental or
investigational.
�
"Adverse
determination" does not include a decision to deny, reduce, or terminate
health care services that are not covered for reasons other than the health
care services' medical necessity or experimental or investigational nature.

����
"Authorization" means a
determination by a utilization review entity that a health care service has
been reviewed and, based on the information provided, satisfies the utilization
review entity's requirements for medical necessity and appropriateness and that
payment will be made for that health care service.

����
"Clinical criteria" means the
written policies, written screening procedures, drug formularies or lists of
covered drugs, determination rules, determination abstracts, clinical
protocols, practice guidelines, medical protocols, and any other criteria or
rationale used by the utilization review entity to determine the necessity and
appropriateness of a health service.

����
"Emergency health care services"
means health care services that are provided in an emergency facility after the
sudden onset of a medical condition that manifests itself by symptoms of
sufficient severity, including severe pain, that the absence of immediate
medical attention could reasonably be expected by a prudent layperson, who
possesses an average knowledge of health and medicine, to result in:

����
(1)
�
Placing
the patient's health in serious jeopardy;

����
(2)
�
Serious
impairment to
the patient's
bodily function; or

����
(3)
�
Serious
dysfunction of any bodily organ or part
of the patient
.

����
"Enrollee" means an individual
eligible to receive health care benefits
from
a health insurer in the State
pursuant to a health plan or other health insurance coverage.
�
"Enrollee" includes an enrollee's
legally authorized representative.

����
"Health care facility" has the same meaning
as described in section 323D-2.

����
"Health care professional" has the same
meaning as defined in section 431:26-101.

����
"Health care provider" means a
health care professional or health care facility.

����
"Health care service" means
health care procedures, treatments, or services
provided by
:

����
(1)
�
A

facility licensed
to provide health care procedures, treatments,
or services
in the State; or

����
(2)
�
A

doctor of medicine, doctor of osteopathy, or
other health care
professional, licensed in the State, whose
scope of practice
includes
the provision of health care procedures, treatments, or services
.

"Health
care service" includes the provision of
�

pharmaceutical products or services or durable medical equipment.

����
"Medically necessary health care
services" means health care services that a prudent physician would
provide to a patient for the purpose of preventing, diagnosing, or treating an
illness, injury, disease, or its symptoms in a manner that is:

����
(1)
�
In
accordance with generally accepted standards of medical practice;

����
(2)
�
Clinically
appropriate in terms of type, frequency, extent, site, and duration; and

����
(3)
�
Not
primarily for the economic benefit of the health plans and purchasers or for
the convenience of the patient, treating physician, or other health care
provider.

����
"Medications for opioid use
disorder" means medications
commonly used
in combination with
counseling and behavioral therapies, including individual therapy, group
counseling, family behavior therapy, motivational incentives, and other
modalities, to provide a comprehensive approach to the treatment of opioid use
disorder.
�
"Medications
for opioid use disorder"
approved by the United States Food and
Drug Administration includ
e
methadone
;

buprenorphine
,
whether
used
alone or in
combination with naloxone
;
and extended-release injectable
naltrexone
.

����
"NCPDP SCRIPT Standard" means the
National Council for Prescription Drug Programs SCRIPT Standard Version
2017071, or the most recent standard adopted by the Department of Health and
Human Services.
�
"NCPDP SCRIPT
Standard" includes subsequently released versions of the NCPDP SCRIPT
Standard.

����
"Prior authorization" means a
written or oral determination rendered by a utilization review entity before an
enrollee receives a health care service confirming that the health care service
is a covered benefit under the applicable plan and that a requirement of
medical necessity or other requirements imposed by the utilization review entity
as prerequisites for payment for the services have been satisfied.

����
"Urgent health care service"
means a health care service which
, without an
expedited prior
authorization
could,
in the opinion of a physician
with knowledge of the enrollee's medical condition:

����
(1)
�
S
eriously
jeopardize the life or health of the enrollee or the ability of the enrollee to
regain maximum function; or

����
(2)
�
S
ubject
the enrollee to severe pain that cannot be adequately managed without the care
or treatment that is the subject of the utilization review.

"Urgent
health care service" includes mental and behavioral health care services.

����
"Utilization review entity" means
an individual or entity that
review and issues

a
prior
authorization
or adverse determination
for one or more
of the following entities:

����
(1)
�
An
employer with employees in the State who are covered under a health benefit
plan or health insurance policy;

����
(2)
�
An
insurer that writes health insurance policies;

����
(3)
�
A
preferred provider organization or health maintenance organization; and

����
(4)
�
Any
other individual or entity that provides, offers to provide, or administers
hospital, outpatient, medical, prescription drug, or other health benefits to a
person treated by a health care professional in the State under a policy, plan,
or contract.

����
�

-3
�
P
rior authorization requirements

and restrictions; disclosure and notice required
.
�
(a)
�
A
utilization review entity shall
make any current prior
authorization requirements and restrictions readily accessible on its website
to enrollees, health care professionals, and the general public
, including
the written clinical criteria; provided that requirements shall be described in
detail but also in easily understandable language.

����
(b)
�
A

utilization review entity
that
intends to
implement
a new prior authorization requirement or restriction, or amend an existing
requirement or restriction

shall
:

����
(1)
�
E
nsure
that the new or amended requirement
or restriction
is not implemented un
til

the utilization review entity's website has been updated to reflect the new or
amended requirement or restriction
; and

����
(
2
)
�
P
rovide
contracted health care providers of enrollees
with
written notice
of the new or amended requirement or amendment no later than sixty days before
the
implementation of the
requirement or restriction.

����
(
c
)
�

Any entity requiring
prior authorization
of any
health care service
shall make statistics
on
prior
authorization
approvals and denials
available
to the
public
on their website in a readily accessible format; provided that
the
statistics
shall include categories for:

����
(1)
�
Physician
specialty;

����
(2)
�
Medication
or diagnostic test or procedure;

����
(3)
�
Indication
offered;

����
(4)
�
Reason
for prior authorization denial;

����
(5)
�
If
a prior authorization was appealed;

����
(6)
�
If
a prior authorization was approved or denied on appeal;
and

����
(7)
�
The
time between the submission and subsequent response for a prior authorization
request.

����
�

-
4
�

P
rior
authorization review;
adverse determination
personnel; qualifications; criteria
.
�
(a)
�
A utilization review entity shall
ensure that all adverse determinations are made by a physician
who
:

����
(1)
�
Possess
es
a current and valid non-restricted license
issued pursuant to chapter 453
;

����
(2)
�
Is

of the same specialty as
a

physician who typically manages the medical condition or disease or provides
the health care service
subject
to
the
review
;

����
(3)
�
Have experience treating patients with the
medical condition or disease for which the health care service is being
requested
;

Provided
that the physician shall m
ake the adverse determination under the
clinical direction of one of the utilization review entity's medical directors
who is responsible for the provision of health care services provided to
enrollees of the State; provided

further
that the medical director shall be a physician licensed in the
State.

����
�

-
5
�

A
dverse
determination
;
notice and discussion required
.
�

Any
utilization
review entity questioning the medical necessity of a health care service shall
notify the enrollee's physician that medical necessity is being
questioned.
�
Before issuing an adverse
determination, the enrollee's physician shall have the opportunity to discuss
the medical necessity of the health care service on the telephone with the
physician who will be responsible for determining authorization of the health
care service under review.

����
�

-
6
�

Appeal
review personnel; qualifications; criteria.
�
(a)
�
A utilization review entity shall
ensure that all appeals are reviewed by a physician
who
:

����
(1)
�
Possess
es
a current and valid non-restricted license
issued pursuant to chapter 453
;

����
(2)
�
Is,
and has been,
in active practice for at least five consecutive years in
the same or similar specialty as a physician who typically manages the medical
condition or disease;

����
(3)
�
Is

knowledgeable of, and ha
s
experience
providing, the health care services under appeal;

����
(4)
�
Is not

employed by a utilization review entity or be under contract with the
utilization review entity other than to participate in one or more of the
utilization review entity's health care provider networks or to perform reviews
of appeals,
and
otherwise

does not
have any
financial interest in the outcome of the appeal;
and

����
(5)
�
Was
not
directly involved in making the adverse determination
.

����
(b)
�
The
physician reviewing the appeal shall c
onsider all know clinical aspects
of the health care service under review, including but not limited to a review
of all pertinent medical records provided to the utilization review entity by
the enrollee's health care provider, any relevant records provided to the
utilization review entity by a health care facility, and any medical literature
provided to the utilization review entity by the health care provider.

����
�

-
7
�
Prior authorization for non-urgent health care
services; submission of request; determination time frame; automatic approval.
�
(a)
�
A
health

care professional
shall
submit a prior authorization
request
for a non-urgent health care to the utilization review entity no later than
five
calendar days
before
the provision of the
health
care
service
.

����
(b)
�
A
prior authorization request
submitted
pursuant to subsection (a) shall be deemed
approved
forty-eight
hours after
the
submission of the request
if the
utilization review
entity fails to:

����
(1)
�
A
pprove or deny the request
and
notify the enrollee or the enrollee's health care provider
;

����
(2)
�
R
equest
the health

care provider
for
all
additional information needed to
render
a decision; or

����
(
3)
�
N
otify
the health

care provider that prior authorization
is being questioned for medical necessity
,

within the forty-eight-hour period.
�
T
he utilization review
entity
shall have
an additional
twenty-four hours
to process the
request
from the time
the health

care provider submits the additional
information
requested pursuant to paragraph (2).

����
(c)
�
Any
health

care
provider
who fails
to submit the
information requested pursuant to subsection
(b)(2)
within
twenty-four hours shall submit a
new
prior authorization
request
.

����
(d)
�
For
the purposes of this subsection,
"information needed to make a
decision" includes the results of any face-to-face clinical evaluation or
second opinion that may be required.

����
� -8
�
Prior authorization request for urgent health
care services; determination time frame; automatic approval.
�
(a)
�
A

prior authorization request
submitted for an urgent health care service
shall be deemed
approved
twenty-four hours after
the
submission
of the request
if the utilization review
entity fails to:

����
(1)
�
A
pprove or deny the request
and
notify the enrollee or the enrollee's health care provider
;

����
(2)
�
R
equest
the health

care provider
for
all
additional information needed to
render
a decision; or

����
(
3)
�
N
otify
the health

care provider that prior authorization
is being questioned for medical necessity
,

within the twenty-four-hour period.
�
T
he utilization review
entity
shall have
an additional
twelve hours
to process the
request
from the time
the health

care provider submits the additional
information
requested pursuant to paragraph (2).

����
(b)
�
Any
health

care
provider
who fails
to submit the
information requested pursuant to subsection
(a)(2)
within
twelve hours shall submit a
new prior
authorization
request
.

����
�

-
9
�
P
rior authorization

for

pre-hospital transportation and
emergency
health care services
; prohibited.
�
(a)
�
No
utilization
review entity shall require prior authorization for pre-hospital transportation
or the provision of emergency health care services.

����
(b)
�
F
ollowing
an emergency admission
of an enrollee into a health care facility
or
provision of
an
emergency health care service
to an
enrollee
,

the enrollee
or health care provider
shall be given at least
twenty-four hours, excluding holidays and weekends, to notify the
utilization
review entity of the admission or provision of
the
health care
service.

����
(c)
�
A
utilization review entity shall cover emergency health care services necessary
to screen and stabilize an enrollee; provided that if a health care provider
certifies in writing to a utilization review entity within seventy-two hours of
an enrollee's admission that the enrollee's condition required emergency health
care services, the
emergency health care services administered by
the health care provider to the enrollee shall be presumed to have been
medically
necessary
and may be
rebutted only if the utilization
review entity
establishes by
clear and convincing
evidence that the emergency health care service
was
not medically
necessary.

����
(d)
�
No
utilization review entity, when determining the medical necessity or
appropriateness of an emergency health care service, shall:

����
(1)
�
Consider whether the emergency health care
service was provided by a participating or nonparticipating provider; or

����
(2)
�
Impose greater restrictions on the coverage of
emergency health care services provided by a nonparticipating provider than those
that apply to the same services provided by a participating provider.

����
(e)
�

If an enrollee receives an emergency health care service that requires
immediate post-evaluation or post-stabilization services, a utilization review
entity shall make an authorization determination within sixty minutes of
receiving a request; provided that if the authorization determination is not
made within sixty minutes, the stabilization services shall be deemed approved.

����
�

-1
0
�
P
rior authorization for medications for
opioid use disorder
; prohibited.
�

No
utilization review entity shall
require prior authorization for
the
provision of medications for opioid
use disorder.

����
�

-1
1
�
Retrospective denial; health care provider
payment
; exceptions.
�
(a)
�

A utilization review entity shall not
revoke,
limit, condition, or restrict a prior authorization if care is provided within forty-five
business days from the date the health care provider received the prior authorization.

����
(b)
�

A utilization review entity shall pay a health care provider at the
contracted payment rate for a health care service provided by the health care
provider per a prior authorization unless:

����
(1)
�
The
health care provider knowingly and materially misrepresented the health care
service in the prior authorization request with the specific intent to deceive
and obtain an unlawful payment from a utilization review entity;

����
(2)
�
The
health care service was no longer a covered benefit on the day it was provided;

����
(3)
�
The
health care provider was no longer contracted with the patients' health
insurance plan on the date the care was provided;

����
(4)
�
The
health care provider failed to meet the utilization review entity's timely
filing requirements;

����
(5)
�
The
utilization review entity
is not liable for the
claim; or

����
(6)
�
The
patient was no longer eligible for health care coverage on the day the
health

care was provided.

����
�

-1
2
�
Length of prior authorization
.
�
A prior authorization shall be valid for a
minimum of one year from the date the
enrollee or the enrollee's
health care
provider receives the prior authorization
and
shall be effective regardless of
any changes in dosage for a prescription drug prescribed by the health care provider.

����
�

-1
3
�
Duration of
prior authorization for
treatment for chronic or long-term care conditions
.
�
If a utilization review entity requires a
prior authorization for a health care service for the treatment of a chronic or
long-term care condition, the prior authorization shall remain valid for the
duration

of the treatment and the utilization review entity shall not require the
enrollee to obtain a
new
prior authorization again for the
health care service.

����
�

-1
4
�
Continuity of care for enrollees
;
prior authorization transfers
.
�

(a)
�
Upon receipt of information
documenting a prior authorization from the enrollee or from the enrollee's
health care provider, a utilization review entity shall honor a prior
authorization granted to an enrollee from a previous utilization review entity
for at least the initial ninety days of an enrollee's coverage under a new
health plan.

����
(b)
�

During the time period described in subsection (a), a utilization review
entity may perform its own review to grant a prior authorization.

����
(c)
�

If there is a change in coverage of, or approval criteria for, a
previously authorized health care service, the change in coverage or approval
criteria shall not affect an enrollee who received prior authorization before
the effective date of the change for the remainder of the enrollee's plan year.

����
(d)
�

A utilization review entity shall continue to honor a prior
authorization it has granted to an enrollee when the enrollee changes products
under the same health insurance company.

����
�

-1
5
�
P
rior
authorization
exemptions
for health care providers
.
�
(a)
�
A utilization review entity shall not require
a health care provider to complete a prior authorization
request

for a health care service for
an
enrollee to receive coverage;
provided that in the most recent twelve-month period, the utilization review
entity has approved or would have approved not less than eighty per cent of the
prior authorization requests submitted by the health care provider for that
health care service, including any approval granted after an appeal.

����
(b)
�

A utilization review entity may evaluate whether a health care provider
continues to qualify for exemptions as described in subsection (a) not more
than once every twelve months.
�
Nothing
in this subsection shall be construed to require a utilization review entity to
evaluate an existing exemption or prevent a utilization review entity from
establishing a longer exemption period.

����
(c)
�

A health care provider shall not be required to request
for
an
exemption to qualify for an exemption
pursuant to this section
.

����
(d)
�

A health care provider who
is denied
an exemption
pursuant
to this section
may request evidence from the utilization review entity
to support the utilization review entity's decision at any time, but not more
than once per year per service.
�
A health
care provider may appeal a utilization review entity's decision to deny an
exemption.

����
(e)
�

A utilization review entity may revoke an exemption
only
at
the end of the twelve-month period
described in subsection (b)
if the
utilization review entity:

����
(1)
�
Determines

that the health care provider would not have met the eighty per cent approval
criteria based on a retrospective review of the claims for the particular
service for which the exemption applies for the previous three months, or for a
longer period if needed to reach a minimum of ten claims for review;

����
(2)
�
Provides
the health care provider with the information
the utilization review
entity
relied upon in making its determination to revoke the exemption;
and

����
(3)
�
Provides
the health care provider a plain language explanation of how to appeal the
decision.

����
(f)
�

An exemption
shall
remain in effect until the
thirtieth day after the date the utilization review entity notifies the health
care provider of its determination to revoke the exemption or, if the health
care provider appeals the determination, the fifth day after the revocation is
upheld on appeal.

����
(g)
�

A determination to revoke or deny an exemption shall be made by a health
care provider licensed in the State of the same or similar specialty as the
health care provider being considered for an exemption and have experience in
providing the service for which the potential exemption applies.

����
(h)
�

A utilization review entity shall provide a health care provider that
receives an exemption a notice that includes:

����
(1)
�
A
statement that the health care provider qualifies for an exemption from
preauthorization requirements;

����
(2)
�
A
list of services
to
which the exemptions apply; and

����
(3)
�
A
statement of the duration of the exemption.

����
(i)
�

A utilization review entity shall not deny or reduce payment for a
health care service exempted from a prior authorization requirement under this
section, including a health care service performed or supervised by another
health care provider when the health care provider who ordered the health care
service received a prior authorization exemption, unless the rendering health
care provider:

����
(1)
�
Knowingly
and materially misrepresented the health care service in request for payment
submitted to the utilization review entity with the specific intent to deceive
an
d
obtain an unlawful payment from
the
utilization
review entity; or

����
(2)
�
Failed
to substantially perform the health care service.

����
�

-1
6
�
Electronic standards for prior
authorization
.
�
(a)
�
No later than January 1, 2026, an insurer
shall accept and respond to prior authorization requests under the pharmacy
benefit plan through a secure electronic transmission using the NCPDP SCRIPT
Standard electronic prior authorization transactions; provided that facsimile,
propriety payer portals, electronic forms, or any other technology not directly
integrated with a physician's electronic health record or electronic prescribing
system shall not be considered a secure electronic transmission.

����
(b)
�

For the purposes of this section, "insurer" has
the
same
meaning as defined in section 431:10A-402.

����
�

-
17
�
Utilization review entities; annual report to
insurance
commissioner.
�
(a)
�
No later than March 1 of each year, each
utilization review entity shall submit a report to the
insurance
commissioner on
prior authorization requests for
the
previous
calendar year

using forms and in a manner prescribed
by the insurance commissioner,
which shall include
:

����
(1)
�
A
list of all health care services that require prior authorization;

����
(2)
�
The
number and percentage of prior authorization requests that were approved;

����
(3)
�
The
number and percentage of prior authorization requests that were denied;

����
(4)
�
The
number and percentage of prior authorization requests that were initially
denied and approved after appeal;

����
(5)
�
The
number and percentage of prior authorization requests for which the timeframe
for review was extended, and the request was approved;

����
(6)
�
The
average and median time that elapsed between the submission of a non-urgent
prior authorization request and a determination by a utilization review entity;

����
(7)
�
The
average and median time that elapsed between the submission of an urgent prior
authorization request and a determination by the utilization review entity;

����
(8)
�
The
average and median time that elapsed to process an appeal submitted by a health
care professional initially denied by the utilization review entity for
non-urgent prior authorizations; and

����
(9)
�
The
average and median time that elapsed to process an appeal submitted by a health
care professional initially denied by the utilization review entity for urgent
prior authorizations;

p
rovided that

the
information required by paragraphs (2)
through
(9) shall be individualized for
each listed health care service for each health care service listed in
paragraph (1).

����
(b)
�

Each utilization review entity shall make the report
required
pursuant to
subsection (a) available
to the public
through
the utilization review entity's website in the format prescribed by the
insurance
commissioner.

����
�

-18
�
Insurance commissioner; annual report
.
�
No later than May 1 of each year, the
insurance
commissioner
shall submit a report to the legislature that includes a
summary of the reports
received pursuant to section -18
that year,
including all data receive
d
from each
utilization review entity, and recommendations for the removal of prior
authorization requirements
imposed
by utilization review entities
on health care services that are regularly approved for prior
authorization.
�
For
the purposes of this section, a
health care service
with a
prior authorization approval rate of
eighty per cent
or
higher
shall be considered regularly approved.

����
�

-19
�
Rules
.
�
No later than January 1, 2026, the
insurance
commissioner
shall adopt rules
in accordance with
chapter 91 necessary
to
carry out the
purposes of this chapter.

����
�
-
20
�
Non-compliance; automatic approval
.
�
Any failure of an
utilization review
entity
to
comply with
the provisions of
this chapter
or
any rule adopted thereunder

shall result in the
health care services
subject to
the utilization review entity's
review
being
deemed

automatically
a
pproved
.

����
�

-
21
�
Severability
.
�
If any provision of this chapter, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the chapter that
can be given effect without the invalid provision or application, and to this
end the provisions of this chapter are severable."

����
SECTION 3.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Insurance
Commissioner; Ensuring Transparency in Prior Authorization Act; Prior
Authorization; Utilization Review Entity; Adverse Determination; Health Care
Services; Reports

Description:

Establishes a comprehensive regulatory framework for
prior authorization process in the State, including disclosure and notice
requirements for
utilization
review entit
ies regarding their
prior
authorization requirements and restrictions
; qualifications and criteria for prior
authorization review and appeals
personnel
; prior authorization
process for non-urgent and urgent health care services, including the time
frame by which utilization review entities must render a decision; adverse
determination and appeal processes; prohibition of prior authorization for
emergency health care services and medication for opioid use disorder; payments
to health care providers; length and duration of prior authorizations; and exemptions
for certain health care providers.
�
Requires health insurers to utilize
NCPDP SCRIPT Standard electronic
prior authorization transactions
by 1/1/2026.
�
Requires utilization review entit
ies to
submit
annual reports
to the I
nsurance
Commissioner
each year.
�
Requires the
Insurance
Commissioner to submit annual reports to the Legislature.
�
Requires the
Insurance Commissioner to
adopt rules
by
1/1/2026.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.