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Bill Detail: HB20-1085

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Title Prevention Of Substance Use Disorders
Status Governor Vetoed (07/02/2020)
Bill Subjects
  • Health Care & Health Insurance
House Sponsors C. Kennedy (D)
L. Herod (D)
Senate Sponsors K. Priola (R)
F. Winter (D)
House Committee Health and Insurance
Senate Committee State, Veterans and Military Affairs
Date Introduced 01/10/2020
Description

Opioid and Other Substance Use Disorders Study Committee.
The bill requires the commissioner of insurance (commissioner) to
promulgate rules that establish diagnoses of covered conditions for which
nonpharmacological alternatives to opioids are appropriate. Each health
benefit plan is required to provide coverage for at least 6 physical therapy
visits and 6 occupational therapy visits per year or 12 acupuncture visits
per year, with a maximum of one copayment per year for 12 covered
visits. The bill requires the commissioner to conduct an actuarial study to

determine the economic feasibility prior to including acupuncture as a
covered alternative treatment. (section 1 of the bill).
The bill prohibits an insurance carrier (carrier) from limiting or
excluding coverage for an atypical opioid or a nonopioid medication that
is approved by the federal food and drug administration by mandating that
a covered person undergo step therapy or obtain prior authorization if the
atypical opioid or nonopioid medication is prescribed by the covered
person's health care provider. The carrier is required to make the atypical
opioid or nonopioid medication available at the lowest cost-sharing tier
applicable to a covered opioid with the same indication (section 2).
The bill precludes a carrier that has a contract with a physical
therapist, occupational therapist, or acupuncturist from prohibiting the
physical therapist, occupational therapist, or acupuncturist from, or
penalizing the physical therapist, occupational therapist, or acupuncturist
for, providing a covered person information on the amount of the covered
person's financial responsibility for the covered person's physical therapy,
occupational therapy, or acupuncture services or from requiring the
physical therapist, occupational therapist, or acupuncturist to charge or
collect a copayment from a covered person that exceeds the total charges
submitted by the physical therapist, occupational therapist, or
acupuncturist. The commissioner is required to take action against a
carrier that the commissioner determines is not complying with these
prohibitions (section 3).
Current law limits an opioid prescriber from prescribing more than
a 7-day supply of an opioid to a patient who has not had an opioid
prescription within the previous 12 months unless certain conditions
apply, and this prescribing limitation is set to repeal on September 1,
2021. The bill continues the prescribing limitation indefinitely (sections
4 through 10
).
The bill requires the executive director of the department of
regulatory agencies (department) to consult with the center for research
into substance use disorder prevention, treatment, and recovery support
strategies (center) and the state medical board to promulgate rules
establishing competency-based continuing education requirements for
physicians and physician assistants concerning prescribing practices for
opioids (section 11).
The bill modifies requirements for adding prescription information
to the prescription drug monitoring program (program) and allows the
department of health care policy and financing and the health information
organization network access to the program (sections 12 and 13).
The bill continues indefinitely the requirement that a health care
provider query the program before prescribing a second fill for an opioid
and requires each health care provider to query the program before
prescribing a benzodiazepine, unless certain exceptions apply. The bill
also requires the director of the division of professions and occupations
in the department to promulgate rules designating additional controlled
substances and other prescription drugs to be tracked by the program. In
addition to current law allowing medical examiners and coroners to query
the program when conducting an autopsy, the bill allows medical
examiners and coroners to query the program when conducting a death
investigation (sections 13 through 15).
The bill appropriates money to:
  • The department of public health and environment annually
to address opioid and other substance use disorders through
local public health agencies (section 16);
  • The department of health care policy and financing to
extend the operation of the substance use disorder
screening, brief intervention, and referral to treatment grant
program (section 17); and
  • The department of human services for allocation to the
center for continuing education activities for opioid
prescribers, including education for prescribing
benzodiazepines (section 18).
The bill directs the office of behavioral health in the department
of human services to convene a collaborative with institutions of higher
education, nonprofit agencies, and state agencies for the purpose of
gathering feedback from local public health agencies, institutions of
higher education, nonprofit agencies, and state agencies concerning
evidence-based prevention practices (section 19).

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/10/2020) (most recent)  
Additional Bill Documents Bill Documents
Including:
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  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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