SB 91 – AS INTRODUCED
2013 SESSION
01/05
SENATE BILL 91
AN ACT relative to drug use not approved by the Food and Drug Administration.
SPONSORS: Sen. Carson, Dist 14; Rep. Emerson, Ches 11
This bill prohibits insurers from requiring use of a prescription drug for an indication not approved by the Food and Drug Administration.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0878
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to drug use not approved by the Food and Drug Administration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Off-Label Prescription Drugs. Amend RSA 415:6-g, I to read as follows:
I. No insurer that issues or renews any individual policy of accident or health insurance providing benefits for medical or hospital expenses and providing coverage for prescription drugs shall:
(a) Exclude coverage for any such drug for a particular indication on the ground that the drug has not been approved by the Food and Drug Administration (FDA) for that indication, if such drug is recognized for treatment of such indication in one of the standard reference compendia or in the medical literature as recommended by current American Medical Association (AMA) policies; or
(b) Require use of a drug for an indication not approved by the FDA.
2 Off-Label Prescription Drugs. Amend RSA 415:18-j, I to read as follows:
I. No insurer that issues or renews any policy of group accident or health insurance providing benefits for medical or hospital expenses and providing coverage for prescription drugs shall:
(a) Exclude coverage for any such drug for a particular indication on the ground that the drug has not been approved by the Food and Drug Administration (FDA) for that indication, if such drug is recognized for treatment of such indication in one of the standard reference compendia or in the medical literature as recommended by current American Medical Association (AMA) policies; or
(b) Require use of a drug for an indication not approved by the FDA.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0878
01/14/14
SB 91 FISCAL NOTE
AN ACT relative to drug use not approved by the Food and Drug Administration.
FISCAL IMPACT:
The New Hampshire Insurance Department states this bill, as introduced, may increase state revenue, and county and local expenditures by indeterminable amounts in FY 2014 and each year thereafter. There will be no fiscal impact on state expenditures, or county and local revenue.
METHODOLOGY:
The New Hampshire Insurance Department states this bill prohibits the use of a prescription drug for an indication that has not been approved by the FDA. The Department states, to the extent that coverage is currently provided for certain indications with lower cost drugs not approved by the FDA, this requirement will increase claims costs. The Department states insurance premiums are a function of claims costs and premiums may increase. The Department collects premium tax based on insurance premiums and indicates state revenue may increase by an indeterminable amount. The Department further states, to the extent local governments buy fully insured products; their health benefit plan costs may be impacted.
The Department of Administrative Services states this bill would prohibit insurers from issuing individual or group policies that require use of a prescription drug for an indication not approved by the FDA. The Department states the bill would apply only to insurers and the state employee and retiree health benefit program, which is self-funded, would not be subject to the provisions of this bill. The Department states the bill would have no fiscal impact on the state employee and retiree health benefit program.
The Department of Health and Human Services states the proposed amendments to RSA 415 regulate private insurers and would have no impact on New Hampshire’s Medicaid program.