Policy Solutions
What State Policymakers Can Do To Support Access To Mental Health Care
Remove prior authorization, step therapy and fail first requirements for mental health medications
Extend the time a mental health medication is allowed to be used by a patient after initial approval
Legislation in Action: Example from Maine
Maine LD1268 (2021) protecting access to mental health medications for patients was selected by the Council of State Governments’ 2022 Shared State Legislation Docket.
Maine: LD1268 (2021) now Public Law 345 of 2021 prohibits the prescription drug step therapy and prior authorization roadblocks used by insurance companies for patients experiencing serious mental illness (SMI).
Legislation in Action: Example from Michigan
Central nervous system drugs are exempt from prior authorization under FFS MCL 400.109h
Michigan: SB412 (2021) now Public Act 19 of 2022 exempts prescription drugs to treat mental illness from the prior authorization process in Medicaid.
The Council of State Governments’ (CSG) Shared State Legislation
The Council of State Governments’ (CSG) Shared State Legislation–or SSL–program has been active since 1941 in the facilitation of sharing legislative ideas among CSG members. The CSG SSL Committee is made up entirely of state officials and meets annually to review legislation that has been adopted in the states. The criteria for a bill to be added to the SSL are as follows: was enacted in the previous two years, addresses current state issue of national or regional significance, provides clear, innovative and practical approach to a problem and represents a comprehensive approach that has relevance for other states.