RÉSUMÉ DIGEST
ACT 372 (SB 285) 2018 Regular Session Gary Smith
Prior law defined "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.
Prior law defined "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.
New law prohibits a health insurance issuer from denying coverage of a non-opioid
prescription drug in favor of an opioid prescription drug.
New 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)