Pennsylvania State Senator Donald White, serving Armstrong, Butler (part), Indiana and Westmoreland (part) Counties, introduced Senate Bill 936, that aims to amend the Pennsylvania Workers' Compensation Act to introduce a nationally recognized, evidenced-based prescription drug formulary for evaluation of prescription medications, including opioids. Prescription drugs failing to comply with the drug formulary will not be considered reasonable and necessary, unless the healthcare provider submits documentation of medical necessity with evidence-based analysis supporting an exception.
Senate Bill 936 precisely states the selection of such a drug formulary will be based on factors such as the formulary's ability to aid in management of opioid medications and limit duration and dosages of prescriptions.
Senate Bill 936 will also establish a specific nationally recognized certification or accreditation that will be required for the approval of utilization review organizations.
The bill was passed by the Senate Labor and Industry Committee on October 23, 2017, by a vote of 7 to 5. The bill was re-referred to the Senate Appropriations Committee on October 24, 2017, chaired by Senator Pat Browne of Lehigh County and has not yet been scheduled for a vote. On October 25, 2017, the Appropriations Committee committed Senate Bill 936 and, therefore, we expect the Bill to be introduced on the Senate floor in the near future.
As the Pennsylvania State Legislature continues its work on the prescription drug issue, today President Donald Trump declared the opioid crisis a nationwide public health emergency, and went on to add that the epidemic had hit every segment of American society. It is estimated that almost 100 people a day die of opioid related causes. The declaration lasts 90 days and may be renewed.
Our attorneys will continue to monitor this bill. For questions about this alert, contact Lucas J. Csovelak at 717.237.6958 or lcsovelak@wglaw.com.