1. (1) As used in this section, HIV means human immunodeficiency virus.

2. (2)

   1. (a) Before July 1, 2027, the state department shall not restrict by prior authorization or step therapy requirements any prescription drug approved by the federal food and drug administration that is used for the treatment or prevention of HIV if a prescribing practitioner licensed pursuant to title 12 has determined the prescription drug to be medically necessary for the treatment or prevention of HIV for a member. Prescription drugs used for the treatment or prevention of HIV include protease inhibitors, non-nucleoside reverse transcriptase inhibitors, nucleoside reverse transcriptase inhibitors, antivirals, integrase inhibitors, long-acting medications, and fusion inhibitors.
   2. (b) Nothing in this subsection (2) prevents the state department from performing drug utilization review that may be necessary for patient safety or for ensuring the prescribed use is for a medically accepted indication, as required by section 1927 of the federal Social Security Act of 1935.

Source: L. 2023: Entire section added, (SB 23-189), ch. 69, p. 260, § 9, effective April 14. L. 2024: (2)(a) amended, (SB 24-176), ch. 152, p. 659, § 68, effective August 7; (2)(b) amended, (HB 24-1450), ch. 490, p. 3421, § 65, effective August 7.