Connecticut 2024 Regular Session

Connecticut House Bill HB05386 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1957 1 of 4
	3	+	LCO No. 1957 1 of 5
4	4
5	5		General Assembly Raised Bill No. 5386
6	6		February Session, 2024
7	7		LCO No. 1957
8	8
9	9
10		-	Referred to Committee on LABOR AND PUBLIC
11		-	EMPLOYEES
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
12	11
13	12
14	13		Introduced by:
15	14		(LAB)
	15	+
16	16
17	17
18	18
19	19		AN ACT REQUIRING NOTICE OF AN OBJECTION, DISCONTINUANCE
20	20		OR REDUCTION OF PRESCRIPTION MEDICATION UNDER A
21	21		WORKERS' COMPENSATION CLAIM.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 31-296 of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective October 1, 2024): 2
27	27		(a) If an employer and an injured employee, or in case of fatal injury 3
28	28		the employee's legal representative or dependent, at a date not earlier 4
29	29		than the expiration of the waiting period, reach an agreement in regard 5
30	30		to compensation, such agreement shall be submitted in writing to the 6
31	31		administrative law judge by the employer with a statement of the time, 7
32	32		place and nature of the injury upon which it is based; and, if such 8
33	33		administrative law judge finds such agreement to conform to the 9
34	34		provisions of this chapter in every regard, the administrative law judge 10
35	35		shall so approve it. A copy of the agreement, with a statement of the 11
36	36		administrative law judge's approval, shall be delivered to each of the 12
37	37		parties and thereafter it shall be as binding upon both parties as an 13
38		-	award by the administrative law judge. The administrative law judge's 14 Bill No. 5386
	38	+	award by the administrative law judge. The administrative law judge's 14 Raised Bill No. 5386
39	39
40	40
41		-	LCO 1957 2 of 4
	41	+
	42	+	LCO No. 1957 2 of 5
42	43
43	44		statement of approval shall also inform the employee or the employee's 15
44	45		dependent, as the case may be, of any rights the individual may have to 16
45	46		an annual cost-of-living adjustment or to participate in a rehabilitation 17
46	47		program administered by the Department of Aging and Disability 18
47	48		Services under the provisions of this chapter. The administrative law 19
48	49		judge shall retain the original agreement, with the administrative law 20
49	50		judge's approval thereof, in the administrative law judge's office and, if 21
50	51		an application is made to the superior court for an execution, the 22
51	52		administrative law judge shall, upon the request of said court, file in the 23
52	53		court a certified copy of the agreement and statement of approval. 24
53	54		(b) Before discontinuing or reducing payment on account of total or 25
54	55		partial incapacity under any such agreement, the employer or the 26
55	56		employer's insurer, if it is claimed by or on behalf of the injured 27
56	57		employee that such employee's incapacity still continues, shall notify 28
57	58		the administrative law judge and the employee, in accordance with 29
58	59		section 31-321, of the proposed discontinuance or reduction of such 30
59	60		payments. Such notice shall specify the reason for the proposed 31
60	61		discontinuance or reduction and the date such proposed discontinuance 32
61	62		or reduction will commence. No discontinuance or reduction shall 33
62	63		become effective unless specifically approved in writing by the 34
63	64		administrative law judge. The employee may request a hearing on any 35
64	65		such proposed discontinuance or reduction not later than fifteen days 36
65	66		after receipt of such notice. Any such request for a hearing shall be given 37
66	67		priority over requests for hearings on other matters. The administrative 38
67	68		law judge shall not approve any such discontinuance or reduction prior 39
68	69		to the expiration of the period for requesting a hearing or the completion 40
69	70		of such hearing, whichever is later. In any case where the administrative 41
70	71		law judge finds that an employer has discontinued or reduced any 42
71	72		payments made in accordance with this section without the approval of 43
72	73		the administrative law judge, such employer shall be required to pay to 44
73	74		the employee the total amount of all payments so discontinued or the 45
74	75		total amount by which such payments were reduced, as the case may 46
75	76		be, and shall be required to pay interest to the employee, at a rate of one 47
76		-	and one-quarter per cent per month or portion of a month, on any 48 Bill No. 5386
	77	+	and one-quarter per cent per month or portion of a month, on any 48 Raised Bill No. 5386
77	78
78	79
79		-	LCO 1957 3 of 4
	80	+
	81	+	LCO No. 1957 3 of 5
80	82
81	83		payments so discontinued or on the total amount by which such 49
82	84		payments were reduced, as the case may be, plus reasonable attorney's 50
83	85		fees incurred by the employee in relation to such discontinuance or 51
84	86		reduction. 52
85		-	(c) (1) If an employer or an employer's insurer ~~objects~~ to the renewal 53
	87	+	(c) (1) If an employer or an employer's insurer object to the renewal 53
86	88		or approval of a prescription drug medication prescribed by such 54
87	89		employee's authorized physician, surgeon, physician assistant or 55
88	90		advanced practice registered nurse, or (2) before an employer or 56
89	91		employer's insurer may discontinue or reduce payment for any 57
90	92		prescription drug medication currently prescribed to an employee by 58
91		-	such employee's physician, surgeon, physician assistant or ~~advanced~~ 59
	93	+	such employee's physician, surgeon, physician assistant or advance 59
92	94		practice registered nurse, such employer or employer's insurer shall 60
93	95		notify the administrative law judge and the employee, in accordance 61
94	96		with section 31-321, of the proposed objection or proposed 62
95	97		discontinuance or reduction of such payments. Such notice shall specify 63
96	98		the reason for the proposed objection or proposed discontinuance or 64
97	99		reduction and the date such proposed objection or proposed 65
98	100		discontinuance or reduction will commence. 66
99	101		[(c)] (d) The employer's or insurer's notice of intention to discontinue 67
100	102		or reduce payments under such agreement or notice of intent to object, 68
101	103		discontinue or reduce payments of an employee's prescription drug 69
102	104		medication shall (1) identify the claimant, the claimant's attorney or 70
103	105		other representative, the employer, the insurer, and the injury, 71
104	106		including the date of the injury, the city or town in which the injury 72
105	107		occurred and the nature of the injury, (2) include medical 73
106	108		documentation that (A) establishes the basis for the objection, 74
107	109		discontinuance or reduction of payments, and (B) identifies the 75
108	110		claimant's attending physician, physician assistant or advanced practice 76
109	111		registered nurse, and (3) be in substantially the following form: 77
110	112		IMPORTANT 78
111	113		STATE OF CONNECTICUT WORKERS' COMPENSATION 79
112		-	COMMISSION 80 Bill No. 5386
	114	+	COMMISSION 80 Raised Bill No. 5386
113	115
114	116
115		-	LCO 1957 4 of 4
	117	+
	118	+	LCO No. 1957 4 of 5
116	119
117	120		YOU ARE HEREBY NOTIFIED THAT THE EMPLOYER OR 81
118	121		INSURER INTENDS TO REDUCE OR DISCONTINUE YOUR 82
119	122		COMPENSATION PAYMENTS OR INTENDS TO OBJECT TO, 83
120	123		REDUCE OR DISCONTINUE YOUR PRESCRIPTION DRUG 84
121	124		MEDICATION PAYMENTS ON .... (date) FOR THE FOLLOWING 85
122	125		REASONS: .... (reasons) 86
123	126		If you object to the reduction or discontinuance of benefits or the 87
124	127		objection to, reduction or discontinuance of prescription drug 88
125	128		medication payments as stated in this notice, YOU MUST REQUEST A 89
126	129		HEARING NOT LATER THAN 15 DAYS after your receipt of this 90
127	130		notice, or this notice will automatically be approved. 91
128	131		To request an Informal Hearing, call the Workers' Compensation 92
129	132		Commission District Office in which your case is pending. 93
130	133		Be prepared to provide medical and other documentation to support 94
131	134		your objection. For your protection, note the date when you received 95
132	135		this notice. 96
133	136		(e) No provisions of this section shall apply when the employee's 97
134	137		prescription drug medication is discontinued by such employee's 98
135	138		authorized physician, surgeon, physician assistant or advanced practice 99
136	139		registered nurse. 100
137	140		This act shall take effect as follows and shall amend the following
138	141		sections:
139	142
140	143		Section 1 October 1, 2024 31-296
141	144
142		-	LAB Joint Favorable
	145	+	Statement of Purpose:
	146	+	To require employers or insurers acting on behalf of employees to (1)
	147	+	provide notice of a proposed discontinuance or reduction of coverage of
	148	+	an employee's prescription medication, and (2) obtain approval from an
	149	+	administrative law judge before such discontinuance or reduction takes
	150	+	effect.
	151	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	152	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	153	+	underlined.] Raised Bill No. 5386
	154	+
	155	+
	156	+
	157	+	LCO No. 1957 5 of 5
	158	+
143	159