The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Cheryl Cooper.
DIGEST
SB 285 Original 2018 Regular Session Gary Smith
Present law defines "health insurance issuer" as an entity that offers a health benefit plan through a
policy, contract, or certificate of insurance subject to state law that regulates the business of
insurance.
Present law defines "prescription drug" as:
(1)A substance for which federal or state law requires a prescription before the substance may
be legally dispensed to the public.
(2)A drug or device that under federal law is required, before being dispensed or delivered, to
be labeled with the statement: "Caution: Federal law prohibits dispensing without
prescription" or "Rx only" or another legend that complies with federal law.
(3)A drug or device that is required by federal or state statute or regulation to be dispensed on
prescriptions or that is restricted to use by a physician or other authorized prescriber.
Proposed law prohibits a health insurance issuer from denying coverage of a non-opioid prescription
drug in favor of an opioid prescription drug.
Proposed law provides when opioids are deemed medically necessary by a licensed physician, it shall
be unlawful for an insurer to deny a physician prescribed medication and recommend an alternative
prescription which requires any of the following:
(1)An increased number of pills per prescription.
(2)A higher Drug Enforcement Administration schedule medication than the one prescribed.
(3)The substitution of a medication that does not have defined abuse deterrent properties for a
prescription of a mediation that does have defined abuse deterrent properties.
Effective August 1, 2018.
(Adds R.S. 22:1060.7)