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General Assembly Raised Bill No. 5386
February Session, 2024
LCO No. 1957
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT REQUIRING NOTICE OF AN OBJECTION, DISCONTINUANCE
OR REDUCTION OF PRESCRIPTION MEDICATION UNDER A
WORKERS' COMPENSATION CLAIM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-296 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2024): 2
(a) If an employer and an injured employee, or in case of fatal injury 3
the employee's legal representative or dependent, at a date not earlier 4
than the expiration of the waiting period, reach an agreement in regard 5
to compensation, such agreement shall be submitted in writing to the 6
administrative law judge by the employer with a statement of the time, 7
place and nature of the injury upon which it is based; and, if such 8
administrative law judge finds such agreement to conform to the 9
provisions of this chapter in every regard, the administrative law judge 10
shall so approve it. A copy of the agreement, with a statement of the 11
administrative law judge's approval, shall be delivered to each of the 12
parties and thereafter it shall be as binding upon both parties as an 13
award by the administrative law judge. The administrative law judge's 14 Raised Bill No. 5386
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statement of approval shall also inform the employee or the employee's 15
dependent, as the case may be, of any rights the individual may have to 16
an annual cost-of-living adjustment or to participate in a rehabilitation 17
program administered by the Department of Aging and Disability 18
Services under the provisions of this chapter. The administrative law 19
judge shall retain the original agreement, with the administrative law 20
judge's approval thereof, in the administrative law judge's office and, if 21
an application is made to the superior court for an execution, the 22
administrative law judge shall, upon the request of said court, file in the 23
court a certified copy of the agreement and statement of approval. 24
(b) Before discontinuing or reducing payment on account of total or 25
partial incapacity under any such agreement, the employer or the 26
employer's insurer, if it is claimed by or on behalf of the injured 27
employee that such employee's incapacity still continues, shall notify 28
the administrative law judge and the employee, in accordance with 29
section 31-321, of the proposed discontinuance or reduction of such 30
payments. Such notice shall specify the reason for the proposed 31
discontinuance or reduction and the date such proposed discontinuance 32
or reduction will commence. No discontinuance or reduction shall 33
become effective unless specifically approved in writing by the 34
administrative law judge. The employee may request a hearing on any 35
such proposed discontinuance or reduction not later than fifteen days 36
after receipt of such notice. Any such request for a hearing shall be given 37
priority over requests for hearings on other matters. The administrative 38
law judge shall not approve any such discontinuance or reduction prior 39
to the expiration of the period for requesting a hearing or the completion 40
of such hearing, whichever is later. In any case where the administrative 41
law judge finds that an employer has discontinued or reduced any 42
payments made in accordance with this section without the approval of 43
the administrative law judge, such employer shall be required to pay to 44
the employee the total amount of all payments so discontinued or the 45
total amount by which such payments were reduced, as the case may 46
be, and shall be required to pay interest to the employee, at a rate of one 47
and one-quarter per cent per month or portion of a month, on any 48 Raised Bill No. 5386
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payments so discontinued or on the total amount by which such 49
payments were reduced, as the case may be, plus reasonable attorney's 50
fees incurred by the employee in relation to such discontinuance or 51
reduction. 52
(c) (1) If an employer or an employer's insurer object to the renewal 53
or approval of a prescription drug medication prescribed by such 54
employee's authorized physician, surgeon, physician assistant or 55
advanced practice registered nurse, or (2) before an employer or 56
employer's insurer may discontinue or reduce payment for any 57
prescription drug medication currently prescribed to an employee by 58
such employee's physician, surgeon, physician assistant or advance 59
practice registered nurse, such employer or employer's insurer shall 60
notify the administrative law judge and the employee, in accordance 61
with section 31-321, of the proposed objection or proposed 62
discontinuance or reduction of such payments. Such notice shall specify 63
the reason for the proposed objection or proposed discontinuance or 64
reduction and the date such proposed objection or proposed 65
discontinuance or reduction will commence. 66
[(c)] (d) The employer's or insurer's notice of intention to discontinue 67
or reduce payments under such agreement or notice of intent to object, 68
discontinue or reduce payments of an employee's prescription drug 69
medication shall (1) identify the claimant, the claimant's attorney or 70
other representative, the employer, the insurer, and the injury, 71
including the date of the injury, the city or town in which the injury 72
occurred and the nature of the injury, (2) include medical 73
documentation that (A) establishes the basis for the objection, 74
discontinuance or reduction of payments, and (B) identifies the 75
claimant's attending physician, physician assistant or advanced practice 76
registered nurse, and (3) be in substantially the following form: 77
IMPORTANT 78
STATE OF CONNECTICUT WORKERS' COMPENSATION 79
COMMISSION 80 Raised Bill No. 5386
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YOU ARE HEREBY NOTIFIED THAT THE EMPLOYER OR 81
INSURER INTENDS TO REDUCE OR DISCONTINUE YOUR 82
COMPENSATION PAYMENTS OR INTENDS TO OBJECT TO, 83
REDUCE OR DISCONTINUE YOUR PRESCRIPTION DRUG 84
MEDICATION PAYMENTS ON .... (date) FOR THE FOLLOWING 85
REASONS: .... (reasons) 86
If you object to the reduction or discontinuance of benefits or the 87
objection to, reduction or discontinuance of prescription drug 88
medication payments as stated in this notice, YOU MUST REQUEST A 89
HEARING NOT LATER THAN 15 DAYS after your receipt of this 90
notice, or this notice will automatically be approved. 91
To request an Informal Hearing, call the Workers' Compensation 92
Commission District Office in which your case is pending. 93
Be prepared to provide medical and other documentation to support 94
your objection. For your protection, note the date when you received 95
this notice. 96
(e) No provisions of this section shall apply when the employee's 97
prescription drug medication is discontinued by such employee's 98
authorized physician, surgeon, physician assistant or advanced practice 99
registered nurse. 100
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 31-296
Statement of Purpose:
To require employers or insurers acting on behalf of employees to (1)
provide notice of a proposed discontinuance or reduction of coverage of
an employee's prescription medication, and (2) obtain approval from an
administrative law judge before such discontinuance or reduction takes
effect.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.] Raised Bill No. 5386
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