Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 90 Second Substitute (2017GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a health insurance policy, a health plan offered to state employees, the Medicaid program, and workers' compensation insurance to establish policies for prescribing certain controlled substances;
• applies to insurance plans entered into or renewed on or after July 1, 2017;
• requires a report to the Health and Human Services Interim Committee; and
• sunsets the requirement for prescribing policies on July 1, 2022.

Every vote on this bill

Bill text

INSURANCE OPIOID REGULATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill requires commercial insurers, the state Medicaid program, workers'
compensation insurers, and public employee insurers to implement policies to minimize
the risk of prescribing certain controlled substances.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a health insurance policy, a health plan offered to state employees, the
Medicaid program, and workers' compensation insurance to establish policies for
prescribing certain controlled substances;
▸ applies to insurance plans entered into or renewed on or after July 1, 2017;
▸ requires a report to the Health and Human Services Interim Committee; and
▸ sunsets the requirement for prescribing policies on July 1, 2022.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-231
, as last amended by Laws of Utah 2015, Chapter 50
ENACTS:
26-18-21
, Utah Code Annotated 1953
31A-22-615
, Utah Code Annotated 1953
34A-2-424
, Utah Code Annotated 1953
49-20-414
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-21
 is enacted to read:
 26-18-21.
Prescribing policies for opioid prescriptions.
(1) The department shall implement a prescribing policy for certain opioid
prescriptions that is substantially similar to the prescribing policies required in Section
31A-22-615
.
(2) The department may amend the state program and apply for waivers for the state
program, if necessary, to implement Subsection (1).
Section 2. Section 
31A-22-615
 is enacted to read:
 31A-22-615.
Insurance coverage for opioids -- Policies -- Reports.
(1) For purposes of this section:
(a) "Health care provider" means an individual, other than a veterinarian, who:
(i) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
Controlled Substances Act; and
(ii) possesses the authority, in accordance with the individual's scope of practice, to
prescribe Schedule II controlled substances and Schedule III controlled substances that are
applicable to opioids and benzodiazapines.
(b) "Health insurer" means:
(i) an insurer who offers health care insurance as that term is defined in Section
31A-1-301
;
(ii) health benefits offered to state employees under Section 
49-20-202
; and
(iii) a workers' compensation insurer:
(A) authorized to provide workers' compensation insurance in the state; or
(B) that is a self-insured employer as defined in Section 
34A-2-201
.
(c) "Opioid" has the same meaning as "opiate," as that term is defined in Section
58-37-2
.
(d) "Prescribing policy" means a policy developed by a health insurer that includes
evidence based guidelines for prescribing opioids, and may include the 2016 Center for Disease
Control Guidelines for Prescribing Opioids for Chronic Pain, or the 2016 Utah Opioid
Prescribing Guidelines.
(2) A health insurer that provides prescription drug coverage shall enact a prescribing
policy to minimize the risk of opioid addiction and overdose from:
(a) co-prescription of opioids with benzodiazapines and other sedating substances;
(b) prescription of very high dose opioids in the primary care setting; and
(c) the inadvertent transition of short-term opioids for an acute injury into long-term
opioid dependance.
(3) A health insurer that provides prescription drug coverage shall enact policies to
facilitate:
(a) non-narcotic treatment alternatives for patients who have chronic pain; and
(b) medication-assisted treatment for patients who have opioid dependence disorder.
(4) The requirements of this section apply to insurance plans entered into or renewed
on or after July 1, 2017.
(5) A health insurer subject to this section shall on or before October 1, 2018, and
before each October 1 thereafter, report to the Health and Human Services Interim Committee
regarding:
(a) the health insurer's opioid policies as described in Subsections (2) and (3); and
(b) the health insurer's analysis of whether the prescribing policy has been effective in
reducing the risk of opioid addictions and overdoses.
(5) This section sunsets in accordance with Section 
63I-1-231
.
Section 3. Section 
34A-2-424
 is enacted to read:
 34A-2-424.
Prescribing policies for certain opioid prescriptions.
(1) This section applies to a person regulated by this chapter or Chapter 3, Utah
Occupational Disease Act.
(2) A self-insured employer, as that term is defined in Section 
34A-2-201.5
, an
insurance carrier, and a managed health care program under Section 
34A-2-111
 shall
implement a prescribing policy for certain opioid prescriptions in accordance with Section
31A-22-615
.
Section 4. Section 
49-20-414
 is enacted to read:
 49-20-414.
Prescribing policies for certain opioid prescriptions.
A plan offered to state employees under this chapter shall implement a prescribing
policy for certain opioid prescriptions in accordance with Section 
31A-22-615
.
Section 5. Section 
63I-1-231
 is amended to read:
63I-1-231.
Repeal dates, Title 31A.
(1) Section 
31A-2-217
, Coordination with other states, is repealed July 1, 2023.
(2) Section 
31A-22-615
 is repealed July 1, 2022.
[
(2)
] 
(3)
 Section 
31A-22-619.6
, Coordination of benefits with workers' compensation
claim--Health insurer's duty to pay, is repealed on July 1, 2018.
[
(3) Title 31A, Chapter 29, Comprehensive Health Insurance Pool Act, is repealed July
1, 2015.
]
(4) Section 
31A-22-642
, Insurance coverage for autism spectrum disorder, is repealed
on January 1, 2019.
Legislative Review Note
Office of Legislative Research and General Counsel