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