Bill Text: NH SB147 | 2013 | Regular Session | Introduced
Bill Title: Relative to prescription drugs in workers' compensation cases.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-06-27 - Signed by the Governor on 06/25/2013; Chapter 0131; Effective 01/01/2014 [SB147 Detail]
Download: New_Hampshire-2013-SB147-Introduced.html
SB 147-FN – AS INTRODUCED
2013 SESSION
01/05
SENATE BILL 147-FN
AN ACT relative to prescription drugs in workers’ compensation cases.
SPONSORS: Sen. D'Allesandro, Dist 20
This bill requires pharmacies to substitute generic drugs or appropriate over-the-counter alternatives to prescription drugs unless the prescribing physician indicates that the brand name drug is medically necessary. The bill also requires the commissioner of the department of labor to establish a pharmacy closed formulary and an appeals process for drugs not included in the formulary.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0961
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to prescription drugs in workers’ compensation cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Workers’ Compensation; Medical, Hospital, and Remedial Care. Amend RSA�281-A:23 by inserting after paragraph VI the following new paragraph:
VII.(a) Pharmacies, including mail-order pharmacies, shall substitute generically equivalent drug products or appropriate over-the-counter alternatives to prescription drugs for all legend and non-legend prescriptions unless the prescribing practitioner handwrites “medically necessary” on each paper prescription, uses electronic indications when transmitted electronically, or gives instructions when transmitted orally that the brand name drug product is medically necessary.
(b) The commissioner shall establish, pursuant to rules adopted under RSA 541-A, a pharmacy closed formulary and an appeals process for claims in which a treating health care provider determines and documents that a drug not included in the formulary is necessary to treat an employee’s injury. The rules shall also address the prescription of opiates and other addictive drugs, recordkeeping, and reporting requirements regarding the prescription of opiates and other addictive drugs, including reporting regarding the duration and scope of opiate prescriptions.
2 New Subparagraph; Rulemaking Added. Amend RSA 281-A:60 by inserting after subparagraph (aa) the following new subparagraph:
(bb) Establishing a pharmacy closed formulary and a corresponding appeals process pursuant to RA 281-A:23, VII.
3 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-0961
01/25/13
SB 147-FN – FISCAL NOTE
AN ACT relative to prescription drugs in workers’ compensation cases.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
