SB 91 – AS INTRODUCED

2013 SESSION

13-0878

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

COMMITTEE: Commerce

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

METHODOLOGY: