Florida Senate - 2016                                     SB 422
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       30-00436A-16                                           2016422__
    1                        A bill to be entitled                      
    2         An act relating to health insurance coverage for
    3         opioids; creating s. 627.64194, F.S.; defining terms;
    4         providing that a health insurance policy that covers
    5         opioid analgesic drug products may impose a prior
    6         authorization requirement for an abuse-deterrent
    7         opioid analgesic drug product only if the insurer
    8         imposes the same requirement for each opioid analgesic
    9         drug product without an abuse-deterrence labeling
   10         claim; prohibiting such health insurance policy from
   11         requiring use of an opioid analgesic drug product
   12         without an abuse-deterrence labeling claim before
   13         providing coverage for an abuse-deterrent opioid
   14         analgesic drug product; providing an effective date.
   15  
   16         WHEREAS, the Legislature finds that the abuse of opioids is
   17  a serious problem that affects the health, social, and economic
   18  welfare of this state, and
   19         WHEREAS, the Legislature finds that an estimated 2.1
   20  million people in the United States suffered from substance use
   21  disorders related to prescription opioid pain relievers in 2012,
   22  and
   23         WHEREAS, the Legislature finds that the number of
   24  unintentional overdose deaths from prescription pain relievers
   25  has more than quadrupled since 1999, and
   26         WHEREAS, the Legislature is convinced that it is imperative
   27  for people suffering from pain to obtain the relief they need
   28  while minimizing the potential for negative consequences, NOW,
   29  THEREFORE,
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 627.64194, Florida Statutes, is created
   34  to read:
   35         627.64194 Requirements for opioid coverage.—
   36         (1) DEFINITIONS.—As used in this section, the term:
   37         (a) “Abuse-deterrent opioid analgesic drug product” means a
   38  brand or generic opioid analgesic drug product approved by the
   39  United States Food and Drug Administration with an abuse
   40  deterrence labeling claim that indicates the drug product is
   41  expected to deter abuse.
   42         (b) “Opioid analgesic drug product” means a drug product in
   43  the opioid analgesic drug class prescribed to treat moderate to
   44  severe pain or other conditions in immediate-release, extended
   45  release, or long-acting form regardless of whether or not
   46  combined with other drug substances to form a single drug
   47  product or dosage form.
   48         (2) COVERAGE REQUIREMENTS.—A health insurance policy that
   49  provides coverage for opioid analgesic drug products:
   50         (a) May impose a prior authorization requirement for an
   51  abuse-deterrent opioid analgesic drug product only if the policy
   52  imposes the same prior authorization requirement for each opioid
   53  analgesic drug product without an abuse-deterrence labeling
   54  claim which is covered by the policy.
   55         (b) May not require use of an opioid analgesic drug product
   56  without an abuse-deterrence labeling claim before providing
   57  coverage for an abuse-deterrent opioid analgesic drug product.
   58         Section 2. This act shall take effect January 1, 2017.