Researcher: JM Page 1 4/26/22
OLR Bill Analysis
sSB 222
AN ACT REQUIRING NOTICE OF DISCONTINUING PRESCRIPTION
MEDICINE UNDER A WORKERS' COMPENSATION CLAIM.
SUMMARY
This bill requires an employer or insurer to provide notice to an
employee and the Workers’ Compensation Commission (WCC) before
discontinuing or reducing payments for prescription drugs the
employee is receiving under workers’ compensation. The bill specifies
(1) how the notice must be made, (2) that the employee has the right to
a hearing on the matter, and (3) that no discontinuance or reduction in
payment may happen before an administrative judge approves it in
writing.
EFFECTIVE DATE: October 1, 2022
PRESCRIPTION DRUGS UNDER WORKERS’ COMPENSATION
By law, when an employee is injured at work, the employer must
provide a physician, surgeon, physician assistant, or advanced practice
registered nurse (APRN) to attend to the injured employee. These
medical professionals can prescribe prescription drugs for the employee
as they deem necessary and the employer or the employer’s insurance
(or any representative acting on behalf of the employer or insurer) must
pay for the prescription drugs and medical treatment.
Notice
The bill requires the notice of a possible discontinuance or reduction
of payments to be made by certified mail to the employee and the WCC
administrative law judge. The notice must inform the employee that a
request for a hearing must be made no later than 15 days after the receipt
of the notice, or it will be approved automatically. (The required notice
language saying it will be “approved automatically” if there is no
request for a hearing, appears to conflict with other language in the bill 2022SB-00222-R010646-BA.DOCX
Researcher: JM Page 2 4/26/22
stating that no discontinuation or reduction can take place until an
administrative law judge approves in writing.)
The notice also must include:
1. the reason for the discontinuance or reduction and the date it
would begin;
2. the employee’s identity, the employee’s attorney or other
representative, the employer, and the insurer;
3. information about the injury, including the date it happened, the
city or town where it happened, and the nature of the injury; and
4. medical documentation providing the basis for the
discontinuance or reduction and the name of the claimant’s
attending physician or APRN.
The bill requires the notice to substantially follow a form included in
the bill. The form for the notice requires a heading stating,
“IMPORTANT,” followed by the notification that the employer or
insurer intends to reduce or discontinue the individual’s prescription
payments on a specified date and the other required information
mentioned above.
The form includes the following directions for the employee:
1. To request an informal hearing, call the Workers’ Compensation
Commission District Office in which your case is pending.
2. Be prepared to provide medical and other documentation to
support your objection.
3. For your protection, note the date when you received this notice.
Hearing
Under the bill, any such request for a hearing must have priority over
requests for hearings on other matters. An administrative law judge
cannot approve a discontinuance or reduction before the expiration of 2022SB-00222-R010646-BA.DOCX
Researcher: JM Page 3 4/26/22
the 15-day period for requesting a hearing or the completion of a
hearing, whichever is later. No discontinuance or reduction will become
effective unless the administrative law judge specifically approves it in
writing.
BACKGROUND
Bill History
The Senate referred the bill to the Appropriations Committee, which
reported out a joint favorable substitute that removes the original bill’s
penalty for the employer when an administrative law judge determines
that the employer discontinued or reduced any payments for
prescriptions without the judge’s approval.
COMMITTEE ACTION
Labor and Public Employees Committee
Joint Favorable Substitute
Yea 9 Nay 4 (03/10/2022)
Appropriations Committee
Joint Favorable Substitute
Yea 47 Nay 1 (04/18/2022)