MontanaSB 31769th Legislature, Regular Session (2025)SenateWALLET

Prohibit health insurers from performing prior authorization on psychiatric drugs in shortage or discontinued

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Fewer prior authorizations for psychiatric drugs

In Montana, health insurers cannot require prior authorization for several psychiatric medicines. This includes any long‑acting injectable antipsychotic and any psychiatry drug on the state’s quarterly FDA shortage list. They also cannot require it solely because your doctor adjusts the dose within FDA‑approved or common clinical dosing. They cannot require it after you have taken the same noncontrolled generic at the same quantity for 6 months without a break. They cannot make you repeat it for therapeutic duplication when the same drug and dose was already approved.

No predatory pricing during psychiatric shortages

Drug makers cannot use predatory pricing or marketing for psychiatry drugs that the law lists as in shortage. The state can enforce this and seek penalties under Montana consumer law.

Quarterly list of psychiatric shortages

On April 1, July 1, October 1, and January 1, Montana sets a fixed list of psychiatry drugs in shortage. The list comes directly from the FDA shortage list on those dates and stays in place until the next quarter.

Specialist must review drug denials

In Montana, if an insurer denies a prior authorization for a drug, a doctor who treats that condition must make the denial. Approvals do not need that specialist review.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

Kerri Seekins-Crowe
Republican • House
Wylie Galt
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 295 • No: 3

Senate vote • 4/11/2025

Do Concur

Yes: 98 • No: 1

Senate vote • 4/10/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 3/5/2025

Do Pass

Yes: 49 • No: 1

Senate vote • 3/4/2025