Appeal a Step Therapy Denial in Pennsylvania
Pennsylvania Act 169 of 2022 (the Ensuring Transparency in Prior Authorization Act) created an explicit step-therapy override process. Insurers must grant the override when one of five clinical criteria is met.
PA Act 169 requires insurers to grant a step-therapy override when: (1) the required drug is contraindicated, (2) the required drug will cause an adverse reaction or harm, (3) the required drug is expected to be ineffective, (4) the patient has tried the required drug or another drug in the same class and it failed, or (5) the patient is stable on the prescribed drug.
Your appeal letter should identify which of these five criteria applies, attach the treating physician's clinical attestation, and demand the override under Act 169. The plan must respond to a step-therapy override request within 72 hours (24 hours for urgent).
If denied, escalate to internal appeal and then to external review through PID under Act 146 of 2014.
Statutes and resources cited
- Pennsylvania Act 169 of 2022 (Step Therapy Reform)
- 40 P.S. section 991.2161 (External Review Act)
- PID Bureau of Consumer Services: 1-877-881-6388
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