Connecticut 2022 Regular Session

Connecticut Senate Bill SB00222 Compare Versions

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7	7		General Assembly Substitute Bill No. 222
8	8		February Session, 2022
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14	14		AN ACT REQUIRING NOTICE OF DISCONTINUING PRESCRIPTION
15	15		MEDICINE UNDER A WORKERS' COMPENSATION CLAIM.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. Subsection (a) of section 31-294d of the 2022 supplement to 1
20	20		the general statutes is repealed and the following is substituted in lieu 2
21	21		thereof (Effective October 1, 2022): 3
22	22		(a) (1) The employer, as soon as the employer has knowledge of an 4
23	23		injury, shall provide a competent physician, surgeon, physician 5
24	24		assistant or advanced practice registered nurse to attend the injured 6
25	25		employee and, in addition, shall furnish any medical and surgical aid or 7
26	26		hospital and nursing service, including medical rehabilitation services 8
27	27		and prescription drugs, as the physician, surgeon, physician assistant or 9
28	28		advanced practice registered nurse deems reasonable or necessary. The 10
29	29		employer, any insurer acting on behalf of the employer, or any other 11
30	30		entity acting on behalf of the employer or insurer shall be responsible 12
31	31		for paying the cost of such prescription drugs directly to the provider. 13
32	32		If the employer utilizes an approved providers list, when an employee 14
33	33		reports a work-related injury or condition to the employer the employer 15
34	34		shall provide the employee with such approved providers list within 16
35	35		two business days of such reporting. 17
36	36		(2) Before discontinuing or reducing payment for prescription drugs, 18 Substitute Bill No. 222
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43	43		which a physician has deemed reasonable or necessary under this 19
44	44		section, the employer, or any insurer acting on behalf of the employer, 20
45	45		shall notify the administrative law judge and the employee, by certified 21
46	46		mail, of the proposed discontinuance or reduction of such payments. 22
47	47		Such notice shall specify the reason for the proposed discontinuance or 23
48	48		reduction and the date such proposed discontinuance or reduction will 24
49	49		commence. The employer's or insurer's notice of intention to 25
50	50		discontinue or reduce payments shall (A) identify the claimant, the 26
51	51		claimant's attorney or other representative, the employer, the insurer, 27
52	52		and the injury, including the date of the injury, the city or town in which 28
53	53		the injury occurred and the nature of the injury, (B) include medical 29
54	54		documentation that (i) establishes the basis for the discontinuance or 30
55	55		reduction of payments, and (ii) identifies the claimant's attending 31
56	56		physician or advanced practice registered nurse, and (C) be in 32
57	57		substantially the following form: 33
58	58		IMPORTANT 34
59	59		STATE OF CONNECTICUT WORKERS' COMPENSATION 35
60	60		COMMISSION 36
61	61		YOU ARE HEREBY NOTIFIED THAT THE EMPLOYER OR 37
62	62		INSURER INTENDS TO REDUCE OR DISCONTINUE YOUR 38
63	63		PRESCRIPTION PAYMENTS ON .... (date) FOR THE FOLLOWIN G 39
64	64		REASONS: 40
65	65		If you object to the discontinuance of prescription payments as stated 41
66	66		in this notice, YOU MUST REQUEST A HEARING NOT LATER THAN 42
67	67		15 DAYS after your receipt of this notice, or this notice will 43
68	68		automatically be approved. 44
69	69		To request an Informal Hearing, call the Workers' Compensation 45
70	70		Commission District Office in which your case is pending. 46
71	71		Be prepared to provide medical and other documentation to support 47
72	72		your objection. For your protection, note the date when you received 48
73	73		this notice. 49 Substitute Bill No. 222
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80	80		(3) No discontinuance or reduction shall become effective unless 50
81	81		specifically approved in writing by the administrative law judge. The 51
82	82		employee may request a hearing on any such proposed discontinuance 52
83	83		not later than fifteen days after receipt of such notice. Any such request 53
84	84		for a hearing shall be given priority over requests for hearings on other 54
85	85		matters. The administrative law judge shall not approve any such 55
86	86		discontinuance or reduction prior to the expiration of the period for 56
87	87		requesting a hearing or the completion of such hearing, whichever is 57
88	88		later. 58
89		-	[(2)] (4) If the injured employee is a local or state police officer, state 59
90		-	marshal, judicial marshal, correction officer, emergency medical 60
91		-	technician, paramedic, ambulance driver, firefighter, or active member 61
92		-	of a volunteer fire company or fire department engaged in volunteer 62
93		-	duties, who has been exposed in the line of duty to blood or bodily fluids 63
94		-	that may carry blood-borne disease, the medical and surgical aid or 64
95		-	hospital and nursing service provided by the employer shall include any 65
96		-	relevant diagnostic and prophylactic procedure for and treatment of any 66
97		-	blood-borne disease. 67
	89	+	(4) In any case where the administrative law judge finds that an 59
	90	+	employer has discontinued or reduced any payments made in 60
	91	+	accordance with this section without the approval of the administrative 61
	92	+	law judge, such employer shall be required to pay to the employee the 62
	93	+	total amount of all payments so discontinued and shall be required to 63
	94	+	pay interest to the employee, at a rate of one and one-quarter per cent 64
	95	+	per month or portion of a month, on any payments so discontinued or 65
	96	+	on the total amount by which such payments were reduced, as the case 66
	97	+	may be, plus reasonable attorney's fees incurred by the employee in 67
	98	+	relation to such discontinuance or reduction. 68
	99	+	[(2)] (5) If the injured employee is a local or state police officer, state 69
	100	+	marshal, judicial marshal, correction officer, emergency medical 70
	101	+	technician, paramedic, ambulance driver, firefighter, or active member 71
	102	+	of a volunteer fire company or fire department engaged in volunteer 72
	103	+	duties, who has been exposed in the line of duty to blood or bodily fluids 73
	104	+	that may carry blood-borne disease, the medical and surgical aid or 74
	105	+	hospital and nursing service provided by the employer shall include any 75
	106	+	relevant diagnostic and prophylactic procedure for and treatment of any 76
	107	+	blood-borne disease. 77
98	108		This act shall take effect as follows and shall amend the following
99	109		sections:
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101	111		Section 1 October 1, 2022 31-294d(a)
	112	+	Substitute Bill No. 222
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103		-	APP Joint Favorable Subst.
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	119	+	Statement of Legislative Commissioners:
	120	+	In Subdiv. (2) of Subsec. (a), "prescriptions" was changed to
	121	+	"prescription drugs" for consistency with existing statutory language,
	122	+	and the terms "or reduce", "or reduction" and "or reducing" were added
	123	+	for consistency.
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	125	+	LAB Joint Favorable Subst.
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