(a) This section applies only to a:
(1) prescription drug that is:
- (A) consistent with best practices for the treatment of advanced, metastatic cancer or an associated condition;
- (B) supported by peer reviewed, evidence based literature; and
- (C) approved by the federal Food and Drug Administration; and
- (2) state employee health plan that is established, entered into, amended, or renewed after June 30, 2026.
- (b) As used in this section, "advanced, metastatic cancer" means cancer that has spread from the primary or original site of the cancer to nearby tissues, lymph nodes, or other areas or parts of the body.
- (c) As used in this section, "associated conditions" means the symptoms or side effects directly attributable to advanced, metastatic cancer or its treatment, which based on the recommendation of a health care practitioner and in accordance with documented clinical evidence and generally accepted guidelines, would further jeopardize the health of the covered individual if left untreated.
- (d) As used in this section, "covered individual" means an individual entitled to coverage under a state employee health plan.
(e) As used in this section, "state employee health plan" refers to the following that provide coverage for prescription drugs:
- (1) A self-insurance program established under section 7(b) of this chapter.
- (2) A contract with a prepaid health care delivery plan that is entered into or renewed under section 7(c) of this chapter.
(f) A state employee health plan that provides coverage for advanced, metastatic cancer and associated conditions may not require that, before the state employee health plan provides coverage for a prescription drug, the covered individual:
- (1) fail to successfully respond to a different prescription drug; or
- (2) prove a history of failure of a different prescription drug.
As added by P.L.52-2026, SEC.1.