46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HEALTH; LIMITING CERTAIN MEDICAID PRIOR AUTHORIZATION REQUIREMENTS FOR MEDICATIONS PRESCRIBED FOR PERSONS WITH SEVERE MENTAL ILLNESS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 27-2C-3 NMSA 1978 (being Laws 2002, Chapter 105, Section 3) is amended to read:

"27-2C-3. MEDICAID FORMULARY FOR PRESCRIPTION DRUGS.--

A. The department shall develop or implement a formulary or preferred drug list, [that will consider] taking into consideration the clinical efficacy, safety and cost effectiveness of a product.

B. The department shall ensure that the administration or delivery of health care services and products under the medicaid program includes a formulary that will provide medically appropriate drug therapies for patients.

C. The department shall require a prior authorization before a drug not listed on the medicaid program formulary may be dispensed unless otherwise provided pursuant to Subsection C of Section [4 of the Pharmaceutical Supplemental Rebate Act] 27-2C-4 NMSA 1978.

D. Requirements for prior authorization shall not apply to prescription drugs, including atypical antipsychotic and conventional antipsychotic medications, prescribed for medicaid patients being treated for severe mental illnesses that are listed in a current national diagnostic and statistical manual of mental disorders published by a national psychiatric association, including schizophrenia, clinical depression, bipolar disorder, anxiety-panic attack disorder and obsessive compulsive disorder."