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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
Revised 01/29/13
SB 147 FISCAL NOTE
AN ACT relative to prescription drugs in workers’ compensation cases.
FISCAL IMPACT:
The Department of Labor states this bill, as introduced, will have an indeterminable fiscal impact on state, county, and local expenditures. There will be no fiscal impact on state, county, or local revenue.
METHODOLOGY:
The Department of Labor states this bill will require pharmacies to substitute generic drugs or appropriate over-the-counter alternatives unless the prescribing physician determines a brand name drug is medically necessary. It also requires the Labor Commissioner to establish a pharmacy closed formulary and an appeals process. The Department reports this bill may have a fiscal impact on state, county, and local expenditures but that impact is indeterminable. The Department indicates state expenditures will increase by $38,388 in FY 2014, $73,885 in FY 2015, $77,828 in FY 2016, $82,010 in FY 2017 because this bill would necessitate a new position to implement this bill and associated rules. The table below breaks down the expenditures related to this new position.
FY 2014 FY 2015 FY 2016 FY 2017
Pharmaceutical Services Specialist
Salary (Labor Grade 25, with
annual steps) ($22,376) ($45,737) ($47,746) ($49,842)
Benefits ($12,512) ($26,648) ($28,582) ($30,668)
Current Expenses ($3,500) ($1,500) ($1,500) ($1,500)
TOTAL POSITION COSTS ($38,388) ($73,885) ($77,828) ($82,010)
This bill does not contain an appropriation or authorization for any new positions.
