Bill Text: NH SB147 | 2013 | Regular Session | Amended
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-Amended.html
SB 147-FN – AS AMENDED BY THE SENATE
03/14/13 0758s
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 unless the prescribing physician indicates that the brand name drug is medically necessary, provided that in cases where the legend drug is less expensive, the legend drug shall be used.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/13 0758s
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. Pharmacies, including mail-order pharmacies, shall substitute generically equivalent drug products 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; provided that in cases where the legend drug is less expensive, the legend drug shall be used. Prescription refills shall not require the reissuance of the “medically necessary” indication.
2 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.
