Florida Senate - 2015 SB 728 By Senator Benacquisto 30-00639C-15 2015728__ 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 July 1, 2015.