Revision: March 27, 2014, midnight
HB 1615 – AS AMENDED BY THE HOUSE
25Mar2014… 0823h
2014 SESSION
08/03
HOUSE BILL 1615
AN ACT relative to emergency prescriptions.
SPONSORS: Rep. K. Williams, Hills 4; Rep. Schlachman, Rock 18; Sen. Soucy, Dist 18
COMMITTEE: Health, Human Services and Elderly Affairs
This bill allows a pharmacist to dispense a one-time emergency supply of a prescribed medication in certain circumstances.
This bill is a request of the committee to study the regulation of pharmacy benefits managers established by 2013, 182:1.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25Mar2014… 0823h
14-2845
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to emergency prescriptions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Emergency Prescription. Amend RSA 318 by inserting after section 47-h the following new section:
318:47-i Emergency Prescription. In the event a prescription requires prior authorization by an insurance carrier and the prior authorization has neither been approved nor denied, a pharmacist may dispense a one-time emergency prescription of a maximum 72-hour supply of the prescribed medication, and the insurance carrier is required to reimburse the pharmacist according to the payment rates of the provider contract, providing that the medication is essential to the maintenance of life or to the continuation of therapy in a chronic condition, or in the pharmacist’s professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort. A pharmacist may also dispense a product that is packaged in a dosage form that is fixed and unbreakable, as a maximum 72-hour emergency supply. Upon receipt of authorization, the pharmacist shall dispense the balance of the prescription. If authorization is denied, the carrier shall reimburse the pharmacist for the prescription as given based on the pro-rated amount they would have otherwise received under the terms of the provider contract.
2 New Paragraph; Emergency Prescription. Amend RSA 420-J:7-b by inserting after paragraph VIII the following new paragraph:
IX. Every health benefit plan that provides prescription drug benefits shall allow its covered persons to obtain an emergency prescription for up to a 72-hour supply of covered prescription drugs on the covered person’s health benefit plan formulary. In the event a pharmacist receives a request for a prescription and the pharmacist is unable to obtain authorization from the insurance carrier the pharmacist may dispense a one-time emergency prescription of a maximum 72-hour supply of the prescribed medication, and the carrier shall reimburse the pharmacist according to the payment rates of the provider contract, providing that the medication is essential to the maintenance of life or to the continuation of therapy in a chronic condition, or in the pharmacist’s professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort. If authorization is denied, the carrier shall reimburse the pharmacist for the prescription as given based on the pro-rated amount they would have otherwise received under the terms of the provider contract.
3 Effective Date. This act shall take effect on January 1, 2015.