Insurance companies must now approve your doctor's drug choice—or explain why in 72 hours
S. 2903 — Safe Step Act · Filed by Lisa Murkowski (R-AK) · 50 cosponsors · Introduced Sep 18, 2025 · Hearing held
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What it does
This bill requires health insurance plans to create a clear, fast process for patients and doctors to request exceptions to 'step therapy' protocols—rules that force patients to try cheaper drugs first before the plan will cover the medication their doctor prescribed. If a patient meets one of six defined circumstances (prior drugs failed, delay would cause serious harm, the required drug causes adverse reactions, the patient is stable on their current drug, or other circumstances the Secretary determines), the plan must cover the requested drug within 72 hours (or 24 hours in emergencies), and that coverage must last at least one year. Plans must report annually to the Department of Labor on how many exceptions they grant or deny.
Why we flagged it
The bill's core mechanism is a procedural mandate requiring insurers to establish transparent exception processes for step-therapy denials, with defined approval criteria and strict timelines. This is fundamentally a patient-protection measure that constrains insurer discretion in drug coverage decisions.
What the text implies
- Pharmacy Benefit Managers (PBMs) will face increased administrative burden and potential revenue loss if step-therapy protocols are overridden more frequently, which may shift costs to plan sponsors or be passed to patients through higher premiums.
- The 'other circumstances' clause in subsection (b)(6) delegates significant authority to the Secretary of Labor to expand exception grounds beyond the six enumerated categories, creating potential for regulatory expansion without further congressional action.
The full analysis lists 5 implications of this text.
Who stands to gain
pharmaceutical manufacturers (increased drug utilization if step-therapy barriers are lowered); patients with chronic conditions requiring non-preferred medications