19 May Cancer News You Need: Federal & State Laws on Medical Marijuana, Prior Authorizations, Biomarker Testing, & More
May 19, 2026 ~ Triage Cancer follows policy and legislative updates at the federal and state levels that may have an impact on the cancer community. This blog includes changes related to Medicaid, biomarker testing, prior authorizations, and more.
Federal Updates
What is Happening with Medical Marijuana?
The U.S. Department of Justice announced a policy change affecting certain marijuana products, including those approved by the U.S. Food and Drug Administration and those used in state medical programs. These products will be moved to a less restrictive federal category, which may make medical marijuana research easier and improve access for patients. However, marijuana is not fully legalized under federal law, and many products remain subject to strict rules. There may be additional changes to federal marijuana policy, as there is a hearing on this topic on June 29, 2026.
What is Happening with Prior Authorizations?
CMS has proposed a new rule that would change how health insurance companies use prior authorizations for prescription drugs. CMS also aims to improve transparency by giving providers more direct access to coverage and formulary information within electronic health record systems.
Most significantly, the proposed rule would require response times of no later than 24 hours for urgent requests, and 72 hours for standard requests, which could help reduce delays in accessing medically necessary medications.
State Updates
What is Happening with Medicaid in Nebraska?
Nebraska is proposing to end the current three-month retroactive Medicaid coverage.
Retroactive coverage is useful when a patient is uninsured or uninsured and is diagnosed with a chronic or serious medical condition like cancer. A health care facility can help a patient start the Medicaid enrollment process and begin providing care right away and not have to wait for the application to be approved first.
If approved by federal regulators, the waiver would apply broadly across Nebraska’s Medicaid population and mark a significant shift in how coverage begins for new enrollees. The public comment period closed March 31, 2026. You can track the waiver’s status here.
What is Happening with Biomarker Testing?
On March 16, 2026, Mississippi Governor signed into law HB 565. The law requires state-regulated health plans, including Medicaid, nonprofit plans, and the State and School Employees Health Insurance Plan, to cover biomarker testing when supported by medical evidence. The biomarker test must be used to diagnose, treat, manage, or monitor a condition. The law applies to plans that start or are renewed on or after July 1, 2026.
On May 7, 2026, Tennessee’s Governor signed into law House Bill 484. This law requires health insurers and TennCare (TN Medicaid) to cover medically necessary biomarker testing. The bill would also require insurers to provide a clear process for requesting exceptions or appealing coverage denials. This law applies to plans issued, amended, or renewed on or after January 1, 2027.
What is Happening with Prior Authorizations?
Starting July 1, 2026, a new law in Virginia requires health insurers to honor prior authorizations for prescription drugs for a set minimum period, including at least six months for new prescriptions and 12 months for renewals. It also limits when insurers can change or revoke a prior authorization. The goal is to reduce treatment disruptions and help patients maintain consistent access to their medications.
Starting January 1, 2027, health insurance companies in Iowa will be prohibited from relying solely on artificial intelligence to deny prior authorization requests, and exempts certain cancer screenings in the National Comprehensive Cancer Network’s guidelines from prior authorization requirements.
It also protects providers from being penalized by health insurance companies for referring patients to, or working with, out-of-network providers. This new law goes into effect on January 1, 2027.
What is Happening with Cancer Screening?
Maine passed a law that expands access to early detection services for prostate cancer. The law builds on prior requirements by including not only standard screenings, such as PSA tests and digital rectal exams, but also medically necessary follow-up care like lab work, biomarker testing, and imaging when ordered by a provider. It aligns coverage with current clinical guidelines, allowing screening decisions to better reflect individual risk and evolving medical recommendations. In addition, the law generally eliminates patient out-of-pocket costs for these services, which may help reduce financial barriers to care. These updates apply to health plans issued or renewed on or after January 1, 2026.
Alabama’s Governor recently signed two laws that will improve patient access to cancer screenings, beginning January 1, 2027. HB 300 eliminates patient cost-sharing in the form of deductibles, co-payments, or co-insurance amounts for supplemental or diagnostic breast cancer examinations, including mammography, MRIs, and ultrasounds.
SB19 similarly eliminates patient cost-sharing for prostate cancer screenings, including prostate-specific antigen blood tests and digital rectal examination, for “high risk” men over age 40 and any man older than 50 years.
What is happening with fertility preservation?
Virginia enrolled legislation that will require the state’s essential health benefits benchmark plan to include coverage for fertility treatment and diagnosis, and up to three cycles of IVF treatment per lifetime. The bill is scheduled to go into effect in 2028, following approval by the Centers for Medicare and Medicaid Services.
About Triage Cancer
Triage Cancer is a national, nonprofit providing free education to people diagnosed with cancer, caregivers, and health care professionals on cancer-related legal and practical issues. Through events, materials, and resources, Triage Cancer is dedicated to helping people move beyond diagnosis.
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