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SB2134 • 2026

HIV medications; prohibit health plans and Medicaid from restricting dispensing of HIV/AIDS treatment.

AN ACT TO PROHIBIT HEALTH BENEFIT PLANS, PHARMACY BENEFIT MANAGERS, MEDICAID AND PRIVATE REVIEW AGENTS FROM DENIAL OF COVERAGE OR IMPOSING RESTRICTIONS ON PRIOR AUTHORIZATION FOR DRUGS PRESCRIBED FOR THE TREATMENT OR PREVENTION OF HIV OR AIDS; AND FOR RELATED PURPOSES.

Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Blackmon
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

Checked against official source text during the last sync.

HIV Medications; No Restrictions on Coverage

This bill stops health plans, Medicaid, pharmacy benefit managers, and private review agents from denying coverage or putting restrictions on prior authorization for HIV/AIDS treatment drugs.

What This Bill Does

  • Forbids health insurance companies, Medicaid, pharmacy benefit managers, and private review agents from refusing to cover HIV/AIDS medications.
  • Requires these organizations to allow access to any antiretroviral (ARV) drug approved by the FDA for treating or preventing HIV/AIDS without saying it's not medically necessary.
  • Allows exceptions if there are multiple therapeutically equivalent drugs available, but still requires coverage of at least one version per route of administration.

Who It Names or Affects

  • People with HIV/AIDS who need medication
  • Health insurance companies and Medicaid
  • Pharmacy benefit managers

Terms To Know

Health benefit plan
Services that include medical care provided directly, through insurance or reimbursement.
Pharmacy benefit manager
A company that manages prescription drug benefits for health plans.

Limits and Unknowns

  • The bill did not pass and was stopped in committee.
  • It would have taken effect on July 1, 2026, but since it didn't pass, this date is no longer relevant.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-13 Mississippi Legislative Bill Status System

    01/13 (S) Referred To Insurance

Official Summary Text

HIV medications; prohibit health plans and Medicaid from restricting dispensing of HIV/AIDS treatment.

Current Bill Text

Read the full stored bill text
S. B. No. 2134 *SS36/R93* ~ OFFICIAL ~ G1/2
26/SS36/R93
PAGE 1 (rdd\kr)

To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2134

AN ACT TO PROHIBIT HEALTH BENEFIT PLANS, PHARMACY BENEFIT 1
MANAGERS, MEDICAID AND PRIVATE REVIEW AGENTS FROM DENIAL OF 2
COVERAGE OR IMPOSING RESTRICTIONS ON PRIOR AUTHORIZATION FOR DRUGS 3
PRESCRIBED FOR THE TREATMENT OR PREVENTION OF HIV OR AIDS; AND FOR 4
RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. (1) As used in this section, the following terms 7
shall be defined as provided in this subsection: 8
(a) "Health benefit plan" means services consisting of 9
medical care, provided directly, through insurance or 10
reimbursement, or otherwise, and including items and services paid 11
for as medical care under any hospital or medical service policy 12
or certificate, hospital or medical service plan contract, 13
preferred provider organization, or health maintenance 14
organization contract offered by a health insurance issuer. The 15
term "health benefit plan" includes the Medicaid fee-for-service 16
program and any managed care program, coordinated care program, 17
coordinated care organization program, health maintenance 18
S. B. No. 2134 *SS36/R93* ~ OFFICIAL ~
26/SS36/R93
PAGE 2 (rdd\kr)
ST: HIV medications; prohibit health plans and
Medicaid from restricting dispensing of HIV/AIDS
treatment.
organization program or such other programs implemented by the 19
Division of Medicaid under Section 43-13-117(H). 20
(b) "Pharmacy benefit manager" has the meaning as 21
defined in Section 73-21-179. 22
(c) "Private review agent" has the meaning as defined 23
in Section 41-83-1. 24
(2) (a) Prohibition on denial of coverage. A health 25
insurance issuer, pharmacy benefit manager, or their agent shall 26
not refuse to authorize coverage for or approve access to any 27
antiretroviral (ARV) drugs with a United States Food and Drug 28
Administration label indicating the ARV is for the treatment and 29
prevention of HIV or AIDS on the basis that such a drug is not 30
medically necessary. 31
(b) Exception for therapeutic equivalents. If the 32
United States Food and Drug Administration (FDA) approves one or 33
more therapeutically equivalent drugs, devices, or products for 34
the treatment of HIV or AIDS, a health insurance issuer, pharmacy 35
benefit manager, or their agent is not required to cover all 36
therapeutically equivalent versions without prior authorization or 37
step therapy. However, the health care plan or health insurance 38
issuer must cover at least one (1) therapeutically equivalent 39
version, per route of administration, without prior authorization 40
or step therapy. 41
SECTION 2. This act shall take effect and be in force from 42
and after July 1, 2026. 43