RDCSB285 2270 3475
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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 any of the following:
(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 nonopioid
prescription drug in favor of an opioid prescription drug.
Proposed law further prohibits an insurer, when opioids are deemed medically necessary by
a licensed physician, from denying the medication prescribed by the physician and
recommending an alternative prescription which requires any of the following:
(1)An increased number of pills per prescription, unless the recommended substitution
is consistent with the U.S. Centers for Disease Control and Prevention prescribing
guidelines for opioids.
(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. RDCSB285 2270 3475
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
engrossed bill:
1. Authorize an insurer to recommend an alternative prescription which requires an
increased number of pills per prescription if the recommended substitution is
consistent with the U.S. Centers for Disease Control and Prevention prescribing
guidelines for opioids.