BILL ANALYSIS |
C.S.H.B. 2505 |
By: Clardy |
Insurance |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Law enforcement has long expressed concern regarding prescription drug abuse and pill mills. Interested parties note that manufacturers have developed abuse-deterrent formulations in order to balance the need for pain medications, the need to preserve a physician's ability to prescribe what the patient needs, and the manufacturer's responsibility to make pain medication safe. The parties contend that medications that contain abuse-deterrent formulations have proven to reduce drug abuse rates and frequency of drug abuse, the street price of abused medications, drug diversion, and unintentional poisoning. There are concerns regarding the lack of legislation addressing access to such formulations. C.S.H.B. 2505 seeks to remedy this situation.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2505 amends the Insurance Code to require a health benefit plan to provide coverage for abuse-deterrent opioid analgesic drugs. The bill prohibits a health benefit plan issuer from reducing or limiting a payment to a health care professional, or penalizing the professional, because the professional prescribes or dispenses an abuse-deterrent opioid analgesic drug. The bill prohibits these provisions from being construed to authorize a health care professional to dispense a drug.
C.S.H.B. 2505 authorizes a health benefit plan to require prior authorization for an abuse-deterrent opioid analgesic drug if the health benefit plan requires prior authorization for versions of the opioid analgesic drug that do not have abuse-deterrent properties. The bill prohibits a health benefit plan from requiring an enrollee to use an opioid analgesic drug that does not have abuse-deterrent properties before prior authorization for an abuse-deterrent opioid analgesic drug may be given.
C.S.H.B. 2505 applies to specified health benefit plans offered by specified insurers, employers, and organizations. The bill exempts specified health benefit plans, policies, coverages, and programs from its provisions. The bill establishes that a qualified health plan as defined by federal regulations, to the extent that providing coverage for abuse-deterrent opioid analgesic drugs would otherwise require the state to make a payment under the federal Patient Protection and Affordable Care Act, is not required to provide a benefit for the drugs that exceeds the specified essential health benefits required under that act. The bill applies only to a health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2016.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2505 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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