HF3869 (Legislative Session 94 (2025-2026))
Prior authorization of drugs the enrollee has been prescribed prohibited for at least six months.
Related bill: SF3706
AI Generated Summary
Purpose
Explain how health insurance prior authorization requirements are changed. The bill aims to reduce or remove the need for prior authorization in certain situations, while still directing how some medical decisions are reviewed and approved.
Key Provisions
Emergency services and confinement
- No utilization review organization, health plan company, or claims administrator may require prior authorization for emergency confinement or an emergency service.
- Enrollees (or their authorized representatives) must notify the plan as soon as reasonably possible after starting the emergency confinement or emergency service.
Outpatient mental health and substance use disorder treatment (MH/SUD)
- For outpatient MH/SUD treatment, prior authorizations are not required for the services themselves.
- For medications used in outpatient MH/SUD treatment, any required prior authorizations must be processed using the established processes for initial determinations (section 62M.05 subdivision 3b) and appeals (section 62M.06 subdivision 2).
Cancer treatment
- For antineoplastic (cancer) treatment that is not a medication, prior authorizations are not required.
- For medications used in antineoplastic cancer treatment, prior authorizations must be processed using the same initial determinations and appeals processes referenced above (62M.05 subdivision 3b for initial determinations and 62M.06 subdivision 2 for appeals).
- The bill notes that cancer treatment must be consistent with the National Comprehensive Cancer Network (NCCN) guidelines, except for cases that involve medications.
Exemptions from prior authorization (carved-out services)
- Services currently rated A or B by the U.S. Preventive Services Task Force (USPSTF) and immunizations recommended by the CDC’s Advisory Committee on Immunization Practices (ACIP).
- Preventive services and screenings provided to women as described in the specified federal regulation (CFR 45 CFR 147.130).
- Pediatric hospice services provided by a licensed hospice provider (under Minnesota law).
- Treatment delivered through a neonatal abstinence program operated by pediatric pain or palliative care subspecialists.
- Drugs prescribed for and used on an ongoing basis by the enrollee for the immediately preceding six months.
Effective date and applicability
- The exemptions (items 4–7 above) take effect January 1, 2026.
- Applies to health benefit plans offered, sold, issued, or renewed on or after that date.
What this bill changes in practice
- Emergency care access is simplified by removing prior authorization barriers.
- Most non-drug components of outpatient MH/SUD care can proceed without prior authorization; drugs used in MH/SUD care must still go through standard determination and appeal processes.
- Non-drug cancer treatments are not blocked by prior authorizations, but drugs used for cancer treatment must go through standard processes.
- Several key preventive and preventive-related services (immunizations, USPSTF-rated services, ACIP immunizations), plus certain pediatric and neonatal programs and ongoing medications, are protected from prior authorization starting in 2026.
- The changes are targeted and time-delimited to post-2025 plans for the exemptions.
Significance and potential impact
- Expected to reduce administrative delays for emergencies, certain MH/SUD and cancer-related treatments, immunizations, and essential preventive services.
- Could streamline access to care for vulnerable populations (children in hospice or neonatal abstinence program) and for patients on long-term medications.
- Requires health plans to adjust processes to align with the specified exemptions and established determinations/appeals procedures for medications in MH/SUD and cancer care.
Definitions and terminology (key concepts carried in the bill)
- prior authorization / prior authorizations
- emergency confinement
- emergency service
- utilization review organization
- claims administrator
- outpatient mental health treatment
- outpatient substance use disorder treatment
- antineoplastic cancer treatment
- NCCN guidelines
- medications (in cancer and MH/SUD contexts)
- USPSTF (U.S. Preventive Services Task Force)
- ACIP (Advisory Committee on Immunization Practices)
- immunizations
- CFR 45 CFR 147.130
- pediatric hospice services
- neonatal abstinence program
- six months (ongoing medication use)
- initial determinations
- appeals
- health benefit plans
Relevant Terms prior authorization emergency confinement emergency service utilization review organization claims administrator outpatient mental health treatment outpatient substance use disorder treatment antineoplastic cancer treatment NCCN guidelines medications USPSTF ACIP immunizations CFR 45 CFR 147.130 pediatric hospice services neonatal abstinence program ongoing medications initial determinations appeals health benefit plans January 1, 2026
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 02, 2026 | House | Action | Introduction and first reading, referred to | Commerce Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"Prohibits any utilization review organization, health plan, company, or claims administrator from requiring prior authorization for emergency confinement or emergency services.",
"Prohibits prior authorization for outpatient mental health treatment or outpatient substance use disorder treatment, except for treatment that is a medication; prescriptions for such medications must follow 62M.05 Subd. 3b (initial determinations) and 62M.06 Subd. 2 (appeals).",
"Prohibits prior authorizations for antineoplastic cancer treatment except for medications; such medication prior authorizations must be processed under 62M.05 Subd. 3b and 62M.06 Subd. 2.",
"Adds references to health services that currently have a rating of A or B from the U.S. Preventive Services Task Force and to immunizations recommended by the Advisory Committee on Immunization Practices, as well as preventive services and screenings described in Code of Federal Regulations Title 45, Section 147.130.",
"Provides that sections 2 to 6 are effective January 1, 2026 and apply to health benefit plans issued or renewed on or after that date."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024, section 62M.07 Subd. 2, to restrict prior authorization for a set of health services and medications, and to reference federal preventive service standards.",
"modified": []
},
"citation": "62M.07",
"subdivision": "2"
},
{
"analysis": {
"added": [
"Specifies that prior authorizations for medications used for outpatient mental health or outpatient SUD treatment must be processed under 62M.05 Subd. 3b for initial determinations."
],
"removed": [],
"summary": "This bill requires that prior authorizations for medications used in outpatient mental health treatment or outpatient substance use disorder treatment be processed under Minnesota Statutes 62M.05 Subd. 3b for initial determinations.",
"modified": []
},
"citation": "62M.05",
"subdivision": "3b"
},
{
"analysis": {
"added": [
"Specifies that prior authorizations for medications used for outpatient mental health or outpatient SUD treatment are processed under 62M.06 Subd. 2 for appeals.",
"Specifies that prior authorizations for medications used for antineoplastic cancer treatment are processed under 62M.06 Subd. 2 for appeals."
],
"removed": [],
"summary": "This bill requires that prior authorizations for medications used for outpatient mental health treatment, outpatient SUD treatment, and antineoplastic cancer treatment be processed under Minnesota Statutes 62M.06 Subd. 2 for appeals.",
"modified": []
},
"citation": "62M.06",
"subdivision": "2"
},
{
"analysis": {
"added": [
"Cites pediatric hospice services provided by a hospice provider licensed under Minnesota Statutes sections 144A.75 to 144A.755.",
"Cites treatment delivered through a neonatal abstinence program operated by pediatric pain or palliative care subspecialists.",
"Cites drugs prescribed for and used on an ongoing basis by the enrollee for the immediately preceding six months."
],
"removed": [],
"summary": "This bill references pediatric hospice services and related neonatal abstinence program treatment as part of health benefit considerations, under Minnesota Statutes sections 144A.75 to 144A.755, and requires ongoing medication usage considerations.",
"modified": []
},
"citation": "144A.75 to 144A.755",
"subdivision": ""
},
{
"analysis": {
"added": [
"References to U.S. Preventive Services Task Force ratings (A or B) and Advisory Committee on Immunization Practices immunizations.",
"References to preventive services and screenings described in Code of Federal Regulations Title 45, Section 147.130."
],
"removed": [],
"summary": "This bill incorporates federal preventive service standards into health plan requirements, referencing USPSTF ratings, ACIP immunizations, and women's preventive services described in 45 CFR 147.130.",
"modified": []
},
"citation": "45 CFR 147.130",
"subdivision": ""
}
]