- (a) Health insurers shall base clinical review criteria used to establish step therapy protocols on appropriate clinical practice guidelines or peer-reviewed published medical literature.
(b) For step therapy protocols based on clinical practice guidelines, such guidelines shall be:
(1) Developed and endorsed by a multidisciplinary panel of experts who manage conflicts of interest among the members of the writing and review groups by:
- (A) Requiring members to disclose any potential conflicts of interest with entities, including healthcare insurers, health benefit plans, and pharmaceutical manufacturers, and to recuse from voting if the member has a conflict of interest;
- (B) Using a methodologist to work with writing groups to provide objectivity in data analysis and ranking of evidence through the preparation of evidence tables and facilitating consensus; and
- (C) Offering opportunities for public review and comments;
- (2) Based on high-quality studies, research, and medical practices;
(3) Created by an explicit and transparent process that:
- (A) Minimizes biases and conflicts of interest;
- (B) Explains the relationship between treatment options and outcomes;
- (C) Rates the quality of the evidence supporting recommendations; and
- (D) Considers relevant patient subgroups and preferences; and
- (4) Continually updated through a review of new evidence, research, and newly developed treatments.
(c) For step therapy protocols based on peer-reviewed published medical literature, such materials, when applicable, shall be:
- (1) Based on high-quality studies, research, and medical practices; and
(2) Created by an explicit and transparent process that:
- (A) Minimizes biases and conflicts of interest;
- (B) Explains the relationship between treatment options and outcomes;
- (C) Rates the quality of the evidence supporting recommendations; and
- (D) Considers relevant patient subgroups and preferences.
- (d) If establishing a step therapy protocol, a utilization review agent shall take into account the needs of atypical patient populations and diagnoses when establishing clinical review criteria.
- (e) Healthcare insurers, health benefit plans, or the state are not required to set up a new entity to develop critical review criteria used for step therapy protocols.