2017 ORS 743B.602¹
Step therapy

(1) As used in this section:

(a) “Health care coverage plan” includes:

(A) A health benefit plan, as defined in ORS 743B.005 (Definitions);

(B) An insurance policy or certificate covering the cost of prescription drugs, hospital expenses, health care services and medical expenses, equipment and supplies;

(C) A medical services contract, as defined in ORS 743B.001 (Definitions);

(D) A multiple employer welfare arrangement, as defined in ORS 750.301 (Definitions for ORS 750.301 to 750.341);

(E) A contract or agreement with a health care service contractor, as defined in ORS 750.005 (Definitions), or a preferred provider organization;

(F) A pharmacy benefit manager, as defined in ORS 735.530 (Definitions for ORS 735.530 to 735.552), or other third party administrator that pays prescription drug claims; and

(G) An accident insurance policy or any other insurance contract providing reimbursement for the cost of prescription drugs, hospital expenses, health care services and medical expenses, equipment and supplies.

(b) “Step therapy” means a drug protocol in which a health care coverage plan will reimburse the cost of a prescribed drug only if the patient has first tried a specified drug or series of drugs.

(2) A health care coverage plan that requires step therapy shall make easily accessible to prescribing practitioners, clear explanations of:

(a) The clinical criteria for each step therapy protocol;

(b) The procedure by which a practitioner may submit to the plan the practitioner’s medical rationale for determining that a particular step therapy protocol is not appropriate for a particular patient based on the patient’s medical condition and history; and

(c) The documentation, if any, that a practitioner must submit to the plan for the plan to determine the appropriateness of step therapy for a specific patient. [2014 c.55 §4]

Note: 743B.602 (Step therapy) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743B or any series therein. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 743B—Health Benefit Plans: Individual and Group, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors743B.­html (2017) (last ac­cessed Mar. 30, 2018).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.