Patient protections added to step therapy bill

by Andy Marso, KHI News Service

The Legislature added several patient protection measures to a bill allowing “step therapy” for Medicaid drugs before passing the legislation early Monday morning.

Advocates for Kansans with mental illness and other conditions were pleased with the changes but remain concerned about the possible effects of the underlying bill on vulnerable patients.

Step therapy requires Medicaid patients to try the least expensive medications for treating their ailments first. If those fail, they can then “step up” to a more expensive alternative.

Gov. Sam Brownback’s administration wrote about $10 million in savings into its budget proposal under the assumption the Legislature would sign Medicaid step therapy into law.

The three insurance companies that administer KanCare, the state’s privatized Medicaid program, will decide how to impose the step therapy requirements, with guidance and oversight from the Kansas Department of Health and Environment and a Drug Utilization Review Board that includes doctors, pharmacists and other health care professionals.

Supporters of the bill, like Sen. Michael O’Donnell, a Republican from Wichita who chairs the Senate Health and Human Services Committee, said most commercial insurers use the practice.
But several House members, including Rep. Dan Hawkins, a Republican from Wichita, said those insurers generally only use step therapy for some classes of drugs and include a variety of patient protections.

Negotiations in a conference committee that Hawkins and O’Donnell led produced a revised bill that added some of those protections to the Medicaid plan.

The final bill exempted all medications prescribed before the law takes effect July 1 and placed a 30-day limit on the time patients may be required to use a cheaper multiple sclerosis drug.

It also included provisions allowing physicians to appeal an insurer’s order to try a cheaper medication if:

• The patient is likely to have an adverse reaction to the drug.
• The patient’s individual “clinical characteristics” make the drug unlikely to work.
• The patient previously tried the cheaper drug and it failed or caused an adverse reaction.
• The patient previously was stabilized by a different drug for the same condition.

Sen. Vicki Schmidt, a Republican from Topeka, unsuccessfully offered several similar amendments when the original step therapy proposal came to the Senate floor in February. The bill passed the Senate 23-16 without the protections.

In the ensuing months, a coalition of concerned groups ramped up efforts to convince House members to revise the bill. The coalition included doctors, mental health advocates and representatives from organization dedicated to fighting specific diseases like cancer and multiple sclerosis.

Kari Ann Rinker, a lobbyist for the National Multiple Sclerosis Society, said the group knew the bill was likely to pass because it was in the governor’s budget but wanted to at least add some patient safety parameters.

Rinker said her group would have preferred to see the 30-day limit apply to all conditions, not just multiple sclerosis. As it is, the bill contains no time limit for how long patients must try drugs that fail to give them relief from other conditions, including those that could be a symptom of their multiple sclerosis.

Still, she said the final product matches up better with what other states do in their Medicaid programs than the original bill.

“We are thankful for the work of Rep. Hawkins on this,” Rinker said.

Amy Campbell, a spokeswoman for the Kansas Mental Health Coalition, also praised Hawkins, saying he “stuck to his guns” on adding the patient protection measures.

“This is a much, much better bill than what came out of the Senate,” Campbell said. “Having said that, we did not support it because mental health medications should be exempted from these practices.”

Campbell and other mental health advocates say many patients already struggle to find prescription medications that can control their symptoms without interference from insurers.

She said she was “really unhappily surprised” to hear legislators say during the final debate on the bill that it exempted mental health drugs after she had one-on-one meetings with them to tell them otherwise.

“I don’t know why that rhetoric was brought forward,” Campbell said. “If you read the bill, it was absolutely clear that without the passage of that bill you can’t have step therapy for mental health medications, and with the passage of that bill Medicaid can have step therapy for mental health medications.”

Mental health medications will have to go through an additional advisory committee before they can be added to step therapy protocols.

Campbell and Rinker both said their organizations would continue to advocate for patients as the new step therapy regulations are rolled out.

Schmidt said she was happy to see many of the amendments she offered get written into the bill later, but as a pharmacist she still had concerns about the practicalities of navigating step therapy with three KanCare companies.

“Patient safety and patient well-being I hope is what we’re all concerned about,” Schmidt said. “If this works like it’s projected to work, then great. But I think there will be people watching very closely how it’s implemented.”

The nonprofit KHI News Service is an editorially independent initiative of the Kansas Health Institute and a partner in the Heartland Health Monitor reporting collaboration. All stories and photos may be republished at no cost with proper attribution and a link back to KHI.org when a story is reposted online.

– See more at http://www.khi.org/news/article/advocates-pleased-to-see-patient-protections-added-to-step-therapy-bill#sthash.y5spHrtO.dpuf

Police identify homicide victim

Kansas City, Kan., police have identified the victim of a homicide on April 28 in the 800 block of Tauromee.

The victim was identified as Joseph C. Lucas II, 34, a resident of Dodge City, Kan., according to a police spokesman.

Police were called to the residence about 10:52 a.m. April 28 to investigate. They discovered a deceased man on the second floor of a vacant unfit structure, the spokesman said.

The death is under investigation by the Kansas City, Kan., Police Department’s Criminal Investigations Division, which is encouraging anyone with information to call the TIPS hotline at 816-474-TIPS.

Letter to the editor: Woodlands

Dear editor,

Ethics complaint filed against Hal Walker and all who participated in these double standard shenanigans. Including the Mayor who needs to learn Roberts’ Rules of Order. This was an absolute charade in a bully pulpit. [“Woodlands permit unanimously approved” https://wyandotteonline.com/woodlands-permit-unanimously-approved/]
To: The Ethics Commission of UG and Ruth Benien: Double standards are noticeable even to the outsiders, many who used to deny the monopolies held by Wyandotte County political machines are now speaking out and stating basic fact. That when and if the people of Wyandotte County want something done there are “unusual” measures that must be overcome to get fair treatment and the lack of representation on the municipal level is obvious – They don’t even try to hide it. Double standards and smoke and mirrors, retaliation. The struggle is real! This was shameful!

I am filing this complaint as an ethical conundrum based upon the quote regarding a request and attempted obligation set upon a potential member of this community. “For a while on Thursday, the fate of the Woodlands seemed a little unclear. UG Commissioners grilled Beeler on a number of points, handling the real estate attorney in a way … that’s unusual for development-starved local governments in this metro area… Commissioner Hal Walker wanted to know if Beeler would commit to not appealing his property taxes like most of the big commercial property owners in western Wyandotte County do every year (Beeler declined that commitment).” [Quote from The Pitch]

So they want him to waive his rights to fair representation, due process and recourse, fair treatment and his rights to demand fair and appropriate taxation by ordinance in a county that is well known for adjustment, changing assessments, PILOTs and levies on its citizens while giving the bank to the outsiders.

The fact that this was even asked out loud is appalling and should be investigated. Many people in Wyandotte County pay their taxes in protest. It is our rights as Americans and apparent duty in Wyandotte County. That is unconstitutional…Tax manipulation and unfair taxation without representation, Misuse of power and God only knows what else. Is this extortion? These are the strong arm and bully antics of Wyandotte County machine politics and have no place in progressive leadership to better our community for everyone in a fair manner. How obviously biased could this be? Promise you won’t complain when we treat you unfairly like we have all the other businesses who complained? or we will not let you play. That was the question in the atmosphere of bully politics If it is not illegal it is certainly unethical. We should show the world that we are better than they think we are, not lower than what they ever thought. However, even our Ethics Commission seems to be bought off and none of the letters/complaints seem to accomplish anything except more of the same. Nonetheless…here it is.

This is exactly why the citizens of Wyandotte County live in fear of reprisal. This is what the leadership does to us, why should we expect any different? Yet I do! Complaint now filed.

Janice Witt, Fed up Citizen

To send a letter to the editor, email [email protected] and include your name and email address. No chain letters please. Keep letters short, please. Omit any name-calling and please stick to the issues. Opinions expressed in letters to the editor are the opinion of the writer and are not the opinion of the Wyandotte Daily.