SB45 (2015) Detail

Relative to opioid treatment agreements under workers' compensation law.


SB 45 – AS AMENDED BY THE SENATE

03/19/2015 0819s

03/19/2015 0924s

2015 SESSION

15-0867

01/09

SENATE BILL 45

AN ACT relative to opioid treatment agreements under workers’ compensation law.

SPONSORS: Sen. Sanborn, Dist 9; Sen. Daniels, Dist 11; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill requires an injured worker and his or her treating health care provider to enter into an opioid treatment agreement outlining the procedures for opioid use under workers’ compensation.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/19/2015 0819s

03/19/2015 0924s

15-0867

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to opioid treatment agreements under workers’ compensation law.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Workers’ Compensation; Opioid Treatment Agreement Required. Amend RSA?281-A by inserting after section 23-b the following new section:

281-A:23-c Opioid Treatment Agreement.

I. Benefits under this chapter shall not be paid for the use of opioids for more than 90 days within any 6-month period unless the treating health care provider and patient enter into an opioid treatment agreement. The agreement shall include, but not be limited to:

(a) The medical basis for the use of opioids.

(b) A statement of the risks and potential side effects of long-term use of opioids.

(c) The employee’s agreement to seek opioids only from the health care provider with whom the agreement is made and to not share the medication with others.

(d) The name of the single pharmacy at which the prescription will be filled.

(e) The employee’s agreement to forego controlled substances not included in the pain management agreement.

(f) Permission for the health care provider to conduct random drug tests to verify the proper use of the prescription.

(g) A statement of the consequences of violating the agreement, including that if the patient breaches the agreement, the physician may stop prescribing the pain-control medicines or terminate the physician–patient relationship.

(h) Any other provisions to which the employee and the health care provider agree.

II. In this section, “opioid” means a medication prescribed by a health care provider for the relief of pain, including but not limited to hydrocodone, oxycodone, morphine, and codeine.

III. The employer or the employer’s insurance carrier shall pay the cost of any drug testing necessary under the provisions of the opioid treatment agreement.

IV. The commissioner shall adopt an opioid treatment agreement form pursuant to RSA 281-A:60, I(a).

2 Effective Date. This act shall take effect 30 days after its passage.