17 | 17 | | |
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18 | 18 | | Referred to Committee on GENERAL LAW |
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19 | 19 | | |
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20 | 20 | | Introduced by: |
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21 | 21 | | |
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22 | 22 | | (GL) |
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23 | 23 | | |
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24 | 24 | | AN ACT CONCERNING HEALTH INSURANCE COVERAGE AND ABUSE-DETERRENT PRESCRIPTION MEDICATIONS. |
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25 | 25 | | |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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27 | 27 | | |
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28 | 28 | | Section 1. Section 38a-492i of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014): |
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29 | 29 | | |
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30 | 30 | | (a) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (10), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide access to a pain management specialist and coverage for pain treatment ordered by such specialist that may include all means medically necessary to make a diagnosis and develop a treatment plan including the use of necessary medications and procedures. |
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31 | 31 | | |
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32 | 32 | | (b) (1) No such policy that provides coverage for prescription drugs shall require an insured to use, prior to using a brand name prescription drug prescribed by a licensed physician for pain treatment, any alternative brand name prescription drugs or over-the-counter drugs. |
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33 | 33 | | |
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34 | 34 | | (2) Such policy may require an insured to use, prior to using a brand name prescription drug prescribed by a licensed physician for pain treatment, a therapeutically equivalent generic drug, unless: (A) The brand name prescription drug contains United States Food and Drug Administration approved abuse-deterrent labeling, and (B) the therapeutically equivalent generic drug does not contain such labeling. |
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35 | 35 | | |
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36 | 36 | | (c) As used in this section, "pain" means a sensation in which a person experiences severe discomfort, distress or suffering due to provocation of sensory nerves, and "pain management specialist" means a physician who is credentialed by the American Academy of Pain Management or who is a board-certified anesthesiologist, physiatrist, neurologist, oncologist or radiation oncologist with additional training in pain management. |
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37 | 37 | | |
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38 | 38 | | Sec. 2. Section 38a-518i of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014): |
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39 | 39 | | |
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40 | 40 | | (a) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (10), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide access to a pain management specialist and coverage for pain treatment ordered by such specialist that may include all means medically necessary to make a diagnosis and develop a treatment plan including the use of necessary medications and procedures. |
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41 | 41 | | |
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42 | 42 | | (b) (1) No such policy that provides coverage for prescription drugs shall require an insured to use, prior to using a brand name prescription drug prescribed by a licensed physician for pain treatment, any alternative brand name prescription drugs or over-the-counter drugs. |
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43 | 43 | | |
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44 | 44 | | (2) Such policy may require an insured to use, prior to using a brand name prescription drug prescribed by a licensed physician for pain treatment, a therapeutically equivalent generic drug, unless: (A) The brand name prescription drug contains United States Food and Drug Administration approved abuse-deterrent labeling, and (B) the therapeutically equivalent generic drug does not contain such labeling. |
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45 | 45 | | |
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46 | 46 | | (c) As used in this section, "pain" means a sensation in which a person experiences severe discomfort, distress or suffering due to provocation of sensory nerves, and "pain management specialist" means a physician who is credentialed by the American Academy of Pain Management or who is a board-certified anesthesiologist, physiatrist, neurologist, oncologist or radiation oncologist with additional training in pain management. |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | This act shall take effect as follows and shall amend the following sections: |
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52 | 52 | | Section 1 January 1, 2014 38a-492i |
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53 | 53 | | Sec. 2 January 1, 2014 38a-518i |
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54 | 54 | | |
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55 | 55 | | This act shall take effect as follows and shall amend the following sections: |
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56 | 56 | | |
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57 | 57 | | Section 1 |
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58 | 58 | | |
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59 | 59 | | January 1, 2014 |
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60 | 60 | | |
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61 | 61 | | 38a-492i |
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62 | 62 | | |
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63 | 63 | | Sec. 2 |
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64 | 64 | | |
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65 | 65 | | January 1, 2014 |
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66 | 66 | | |
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67 | 67 | | 38a-518i |
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68 | 68 | | |
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