Researcher: JM Page 1 4/8/24
OLR Bill Analysis
HB 5386
AN ACT REQUIRING NOTICE OF AN OBJECTION,
DISCONTINUANCE OR REDUCTION OF PRESCRIPTION
MEDICATION UNDER A WORKERS' COMPENSATION CLAIM.
SUMMARY
This bill requires an employer or the employer’s insurer to notify an
employee and the Workers’ Compensation Commission (WCC) before
objecting to renewal or approval of, or discontinuing or reducing
payment for, prescription medications the employee receives under
workers’ compensation. The bill sets requirements for the notice and
gives the employee a right to a hearing on the matter.
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
professionals can prescribe prescription drugs for the employee as they
deem reasonable or necessary and the employer or the employer’s
insurance (or any representative acting on their behalf) must pay for
them (CGS § 31-294d).
The bill specifies that its requirements do not apply to situations
where the employee’s prescription medication is discontinued by the
employee’s physician or other medical professional.
EFFECTIVE DATE: October 1, 2024
NOTICE TO OBJECT TO , DISCONTINUE, OR REDUC E
PRESCRIPTION MEDICAT IONS
The bill requires the employer or the employer’s insurer to notify the
employee if they object to the approval or renewal of, or before
discontinuing or reducing payment for, medications prescribed to the
employee due to a work-related illness or injury. 2024HB-05386-R000331-BA.DOCX
Researcher: JM Page 2 4/8/24
Under the bill, the notice must specify the (1) reason for the proposed
objection, discontinuation, or reduction and (2) date the proposed action
will start. It must (1) go to the employee and a workers’ compensation
administrative law judge and (2) be done in accordance with workers’
compensation law. By law, these notices must be written or printed and
served personally or by registered or certified mail at the person’s last-
known residence or place of business (CGS § 31-321).
Required Notice Information
The bill requires the notice to include the same information as
existing law requires for notices to employees about reducing or
discontinuing workers’ compensation payments.
The notice must substantially follow a form set in statute, which
requires a heading stating, “IMPORTANT,” followed by the notification
of the employer’s or insurer’s intended action and certain required
information. Specifically, it must inform the employee that a request for
a hearing must be made within 15 days after receiving the notice, or it
will be automatically approved (presumably by the workers ’
compensation commissioner). The notice also must:
1. identify the involved parties (e.g., employee, employee’s
attorney or other representative, employer, and insurer);
2. include information about the injury, including the date it
happened, the city or town where it happened, and its nature;
and
3. include medical documentation for the objection,
discontinuation, or reduction, and the name of the employee’s
attending physician or APRN.
The form must instruct the employee, if he or she would like to
request a hearing, to do the following: (1) call the WCC District Office in
which the case is pending, (2) be prepared to give medical and other
documentation to support the objection, and (3) note the date he or she
received the notice. 2024HB-05386-R000331-BA.DOCX
Researcher: JM Page 3 4/8/24
COMMITTEE ACTION
Labor and Public Employees Committee
Joint Favorable
Yea 8 Nay 4 (03/19/2024)