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S. B. No. 2134 *SS36/R93* ~ OFFICIAL ~ G1/2
26/SS36/R93
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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