Nevada § 422.4032 - Exemption from required step therapy for certain drugs: Application process; form; approval; payment of cost of drug for which exemption applies
Full text of Nevada Nevada Revised Statutes § 422.4032 — Exemption from required step therapy for certain drugs: Application process; form; approval; payment of cost of drug for which exemption applies, with citation guidance and answers to common questions.
§ 422.4032. Exemption from required step therapy for certain drugs: Application process; form; approval; payment of cost of drug for which exemption applies
1. The Department or a pharmacy benefit manager or health maintenance organization
with which the Department contracts pursuant to NRS 422.4053 to manage prescription drug benefits shall allow a recipient of Medicaid who has
been diagnosed with stage 3 or 4 cancer or the attending practitioner of the recipient
to apply for an exemption from step therapy that would otherwise be required pursuant
to NRS 422.403 to instead use a prescription drug prescribed by the attending practitioner to treat
the cancer or any symptom thereof of the recipient of Medicaid. The application process must: (a) Allow the recipient or attending practitioner, or a designated advocate for the
recipient or attending practitioner, to present to the Department, pharmacy benefit
manager or health maintenance organization, as applicable, the clinical rationale
for the exemption and any relevant medical information. (b) Clearly prescribe the information and supporting documents that must be submitted
with the application, the criteria that will be used to evaluate the request and the
conditions under which an expedited determination pursuant to subsection 4 is warranted. (c) Require the review of each application by at least one physician, registered nurse
or pharmacist. 2. The information and supporting documentation required pursuant to paragraph (b)
of subsection 1: (a) May include, without limitation: (1) The medical history or other health records of the recipient demonstrating that
the recipient has: (I) Tried other drugs included in the pharmacological class of drugs for which the
exemption is requested without success; or (II) Taken the requested drug for a clinically appropriate amount of time to establish
stability in relation to the cancer and the guidelines of the prescribing practitioner;
and (2) Any other relevant clinical information. (b) Must not include any information or supporting documentation that is not necessary
to make a determination about the application. 3. Except as otherwise provided in subsection 4, the Department, pharmacy benefit
manager or health maintenance organization, as applicable, that receives an application
for an exemption pursuant to subsection 1 shall: (a) Make a determination concerning the application if the application is complete,
or request additional information or documentation necessary to complete the application
not later than 72 hours after receiving the application; and (b) If it requests additional information or documentation, make a determination concerning
the application not later than 72 hours after receiving the requested information
or documentation. 4. If, in the opinion of the attending practitioner, step therapy may seriously jeopardize
the life or health of the recipient, the Department, pharmacy benefit manager or health
maintenance organization that receives an application for an exemption pursuant to
subsection 1, as applicable, must make a determination concerning the application
as expeditiously as necessary to avoid serious jeopardy to the life or health of the
recipient. 5. The Department, pharmacy benefit manager or health maintenance organization, as
applicable, shall disclose to a recipient or attending practitioner who submits an
application for an exemption from step therapy pursuant to subsection 1 the qualifications
of each person who will review the application. 6. The Department, pharmacy benefit manager or health maintenance organization, as
applicable, must grant an exemption from step therapy in response to an application
submitted pursuant to subsection 1 if: (a) Any treatment otherwise required under the step therapy or any drug in the same
pharmacological class or having the same mechanism of action as the drug for which
the exemption is requested has not been effective at treating the cancer or symptom
of the recipient when prescribed in accordance with clinical indications, clinical
guidelines or other peer-reviewed evidence; (b) Delay of effective treatment would have severe or irreversible consequences for
the recipient and the treatment otherwise required under the step therapy is not reasonably
expected to be effective based on the physical or mental characteristics of the recipient
and the known characteristics of the treatment; (c) Each treatment otherwise required under the step therapy: (1) Is contraindicated for the recipient or has caused or is likely, based on peer-reviewed
clinical evidence, to cause an adverse reaction or other physical harm to the recipient;
or (2) Has prevented or is likely to prevent the recipient from performing the responsibilities
of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505 ; or (d) The condition of the recipient is stable while being treated with the prescription
drug for which the exemption is requested and the recipient has previously received
approval for coverage of that drug. 7. If the Department, pharmacy benefit manager or health maintenance organization,
as applicable, approves an application for an exemption from step therapy pursuant
to this section, the State must pay the nonfederal share of the cost of the prescription
drug to which the exemption applies. The Department, pharmacy benefit manager or health maintenance organization may
initially limit the coverage to a 1-week supply of the drug for which the exemption
is granted. If the attending practitioner determines after 1 week that the drug is effective
at treating the cancer or symptom for which it was prescribed, the State must continue
to pay the nonfederal share of the cost of the drug for as long as it is necessary
to treat the recipient for the cancer or symptom. The Department, pharmacy benefit manager or health maintenance organization, as
applicable, may conduct a review not more frequently than once each quarter to determine,
in accordance with available medical evidence, whether the drug remains necessary
to treat the recipient for the cancer or symptom. The Department, pharmacy benefit manager or health maintenance organization, as
applicable, shall provide a report of the review to the recipient. 8. The Department and any pharmacy benefit manager or health maintenance organization
with which the Department contracts pursuant to NRS 422.4053 to manage prescription drug benefits shall post in an easily accessible location
on an Internet website maintained by the Department, pharmacy benefit manager or health
maintenance organization, as applicable, a form for requesting an exemption pursuant
to this section. 9. As used in this section, “ attending practitioner ” means the practitioner, as defined in NRS 639.0125 , who has primary responsibility for the treatment of the cancer or any symptom of
such cancer of a recipient.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 422.4032
What does Nevada Revised Statutes § 422.4032 cover?
Section 422.4032 ("Exemption from required step therapy for certain drugs: Application process; form; approval; payment of cost of drug for which exemption applies") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 422.4032?
A common citation format is "Nevada Revised Statutes § 422.4032" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 422.4032 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.