Bill Text: IA SSB1134 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to prescription drugs, including the drug prescribing and dispensing information program, medication-assisted treatment insurance and Medicaid coverage, partial dispensing for opioid medication, and allocation of moneys to the pharmaceutical collection and disposal program.

Spectrum: Committee Bill

Status: (N/A - Dead) 2017-02-28 - Subcommittee recommends indefinite postponement. [SSB1134 Detail]

Download: Iowa-2017-SSB1134-Introduced.html
Senate Study Bill 1134 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON SEGEBART) A BILL FOR An Act relating to prescription drugs, including the 1 drug prescribing and dispensing information program, 2 medication-assisted treatment insurance and Medicaid 3 coverage, partial dispensing for opioid medication, and 4 allocation of moneys to the pharmaceutical collection and 5 disposal program. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1711XC (1) 87 tr/nh
S.F. _____ Section 1. Section 124.551, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. Each board created under chapter 3 147 that licenses a prescribing practitioner shall develop a 4 process to integrate automatic registration for the program as 5 part of the board’s licensure application and renewal process. 6 Nothing in this subsection shall require a prescribing 7 practitioner to obtain information about a patient from the 8 program. 9 Sec. 2. Section 124.553, subsection 8, Code 2017, is amended 10 to read as follows: 11 8. The board may enter into an agreement with a prescription 12 database or monitoring program operated in a any state 13 bordering this state or in the state of Kansas for the mutual 14 exchange of information. Any agreement entered into pursuant 15 to this subsection shall specify that all the information 16 exchanged pursuant to the agreement shall be used and 17 disseminated in accordance with the laws of this state. 18 Sec. 3. NEW SECTION . 155A.28A Partial dispensing of 19 prescription for opioid medication. 20 1. a. Notwithstanding any provision of law to the 21 contrary, a pharmacist may dispense a prescription for an 22 opioid medication in a lesser quantity than the recommended 23 full quantity indicated on the prescription if requested by 24 the patient for whom the prescription is written or the legal 25 guardian of the patient for whom the prescription is written. 26 b. If a pharmacist partially dispenses a prescription in 27 accordance with this section, the remaining quantity of the 28 prescription not dispensed shall not be dispensed without a new 29 prescription. 30 2. If a pharmacist partially dispenses a prescription for 31 an opioid medication in accordance with this section, the 32 pharmacist or an authorized agent of the pharmacist shall, 33 as soon as is practicable but not more than seven days after 34 the partial dispensing, notify the prescriber of the quantity 35 -1- LSB 1711XC (1) 87 tr/nh 1/ 6
S.F. _____ of the opioid medication actually dispensed. The notice may 1 be conveyed to the prescriber by a notation on the patient’s 2 electronic health record, electronic transmission, facsimile, 3 or telephone. 4 Sec. 4. Section 155A.43, Code 2017, is amended to read as 5 follows: 6 155A.43 Pharmaceutical collection and disposal program —— 7 annual allocation. 8 Of the fees collected pursuant to sections 124.301 and 9 147.80 and this chapter 155A by the board of pharmacy, and 10 retained by the board pursuant to section 147.82 , not more than 11 one hundred seventy-five thousand dollars may be allocated 12 the board may annually by the board allocate an adequate sum 13 for administering the pharmaceutical collection and disposal 14 program originally established pursuant to 2009 Iowa Acts, 15 ch. 175, §9 . The program shall provide for the management 16 and disposal of unused, excess, and expired pharmaceuticals 17 including the management and disposal of controlled substances 18 pursuant to state and federal regulations . The board of 19 pharmacy may cooperate contract with the Iowa pharmacy 20 association and may consult with the department and sanitary 21 landfill operators in administering or with one or more vendors 22 for the provision of supplies and services to manage and 23 maintain the program and to safely and appropriately dispose of 24 pharmaceuticals collected through the program. 25 Sec. 5. NEW SECTION . 514C.31 Medication-assisted treatment 26 coverage. 27 1. As used in this section: 28 a. “Behavioral therapy” means individual, family, or group 29 therapy designed to help a patient engage in the treatment 30 process, modify the patient’s attitudes and behaviors related 31 to substance use, and increase healthy life skills. 32 b. “Financial requirements” means deductibles, copayments, 33 coinsurance, or out-of-pocket maximums. 34 c. “Health care professional” means the same as defined in 35 -2- LSB 1711XC (1) 87 tr/nh 2/ 6
S.F. _____ section 135.154. 1 d. “Medication-assisted treatment” means the use of 2 medications, commonly in combination with counseling and 3 behavioral therapies, to provide a comprehensive approach to 4 the treatment of substance-related disorders. 5 e. “Pharmacologic therapy” means a prescribed course 6 of treatment that may include methadone, buprenorphine, 7 naloxone, naltrexone, or other federal food and drug 8 administration-approved or evidence-based medications for the 9 treatment of substance-related disorders. 10 f. “Substance-related disorder” means the same as defined 11 in section 125.2. 12 2. Notwithstanding the uniformity of treatment requirements 13 of section 514C.6, a policy, contract, or plan providing for 14 third-party payment or prepayment of health or medical expenses 15 shall provide coverage benefits for medication-assisted 16 treatment. Such benefits shall provide coverage for but not be 17 limited to pharmacologic therapies and behavioral therapies. 18 3. Medication-assisted treatment coverage benefits provided 19 for under this section shall not be subject to any of the 20 following: 21 a. Any annual or lifetime dollar limitations. 22 b. Limitations to a predesignated facility, specific number 23 of visits, days of coverage, days in a waiting period, scope or 24 duration of treatment, or other similar limits. 25 c. Different financial requirements than for other illnesses 26 covered under the policy, contract, or plan. 27 d. Step therapy, fail-first, or other similar drug 28 utilization strategies or policies for covered persons that may 29 conflict with a prescribed course of treatment from a licensed 30 health care professional. 31 4. Requirements for coverage under this section shall not 32 be subject to a covered person’s prior successes or failures 33 associated with the services provided. 34 5. The provisions of this section shall apply to all 35 -3- LSB 1711XC (1) 87 tr/nh 3/ 6
S.F. _____ third-party payment provider contracts, policies, or plans 1 delivered, issued for delivery, continued, or renewed in this 2 state on or after July 1, 2017. 3 6. Any contract provision, written policy, or written 4 procedure in violation of this section shall be unenforceable 5 and null and void. 6 Sec. 6. MEDICAID MEDICATION-ASSISTED TREATMENT MEDICATIONS 7 AND SERVICES. The department of human services shall adopt 8 rules pursuant to chapter 17A to require the Iowa Medicaid 9 program to cover the medication-assisted treatment medications 10 and services provided for under section 514C.31, as enacted 11 in this Act, and include those medication-assisted treatment 12 medications in its preferred drug lists for the treatment of 13 substance-related disorders and prevention of overdose and 14 death. The list of medication-assisted treatment medications 15 provided for under section 514C.31, as enacted in this Act, 16 shall not be deemed to be exclusive, and, as new formulations 17 and medications are approved by the federal food and drug 18 administration for use in the treatment of substance-related 19 disorders, the Iowa Medicaid program shall update its preferred 20 drug lists. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill makes several changes to the drug prescribing 25 and dispensing program maintained by the board of pharmacy in 26 accordance with Code chapter 124. The bill requires each board 27 created under Code chapter 147 that licenses a prescribing 28 practitioner to develop a process to integrate automatic 29 registration for the program as part of that board’s licensure 30 application and renewal process. 31 Currently, the board of pharmacy may enter into an agreement 32 with a prescription database or monitoring program operated in 33 Kansas or a state bordering Iowa. The bill allows the board 34 to enter into such an agreement with a program operated in any 35 -4- LSB 1711XC (1) 87 tr/nh 4/ 6
S.F. _____ state. 1 The bill allows a pharmacist to dispense a prescription for 2 an opioid medication in a lesser quantity than the recommended 3 full quantity indicated on the prescription if requested by the 4 patient for whom the prescription is written or the patient’s 5 legal guardian. If a pharmacist does this, the remaining 6 quantity of the prescription shall not be dispensed without a 7 new prescription. Also, the pharmacist or an authorized agent 8 of the pharmacist shall, as soon as is practicable but not 9 more than seven days after the partial dispensing, notify the 10 prescriber of the quantity of the opioid medication actually 11 dispensed. 12 Currently, the board of pharmacy may annually allocate 13 not more than $175,000 for administering the pharmaceutical 14 collection and disposal program. The bill allows the board 15 of pharmacy to allocate an adequate sum for the program every 16 year. The bill also allows the board of pharmacy to contract 17 with one or more vendors for the provision of supplies and 18 services to manage and maintain the program and to safely and 19 appropriately dispose of pharmaceuticals collected through the 20 program. 21 The bill establishes requirements for insurance coverage 22 for “medication-assisted treatment”, defined by the bill 23 as the use of medications, commonly in combination with 24 counseling and behavioral therapies, to provide a comprehensive 25 approach to the treatment of substance-related disorders. The 26 bill specifies that all policies, contracts, or plans for 27 third-party payment of health or medical benefits must provide 28 coverage for medication-assisted treatment including but not 29 limited to pharmacologic and behavioral therapies. The bill 30 nullifies any contract provision, written policy, or written 31 procedure in violation of the bill. 32 The bill directs the department of human services to 33 adopt rules to require the Iowa Medicaid program to cover 34 medication-assisted treatment medications and services and 35 -5- LSB 1711XC (1) 87 tr/nh 5/ 6
S.F. _____ include those medications in its preferred drug lists for the 1 treatment of substance-related disorders and prevention of 2 overdose and death. 3 -6- LSB 1711XC (1) 87 tr/nh 6/ 6
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