The original instrument was prepared by Cheryl Cooper. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Christine
Arbo Peck.
DIGEST
SB 285 Engrossed 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 an extended release medication that does not have defined abuse deterrent
properties for a prescription of a medication that does have defined abuse deterrent
properties.
Effective August 1, 2018.
(Adds R.S. 22:1060.7) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Clarifies that a health insurance issuer may not substitute a prescription with an
extended release medication that does not have defined abuse deterrent properties for
a prescription of a medication that does have defined abuse deterrent properties.