HOUSE BILL 241

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Monica Youngblood and Patricio Ruiloba and Paul A. Pacheco and Debbie A. Rodella

AN ACT

RELATING TO OPIOIDS; REQUIRING THE DEPARTMENT OF HEALTH TO POST OPIOID OVERDOSE PREVENTION INFORMATION ON ITS WEBSITE; REQUIRING CERTAIN HEALTH INSURERS TO PROVIDE COVERAGE FOR ABUSE-DETERRENT OPIOIDS; REQUIRING THE SECRETARY OF CORRECTIONS TO CONSIDER USING MEDICATION-ASSISTED TREATMENT FOR PERSONS UNDER THE SUPERVISION OF THE CORRECTIONS DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] OPIOID OVERDOSE PREVENTION INFORMATION.-- No later than January 1, 2017, the department of health shall ensure that the public is provided with access, free of charge, to appropriate educational information on opioid overdose prevention on the department of health's website. The information shall include information regarding overdose risk factors, recognition of signs of opioid overdose, appropriate responses to an overdose, short-acting and long-acting antagonists approved by the federal food and drug administration and such other information as determined by the department of health."

     SECTION 2. A new section of the New Mexico Insurance Code is enacted to read:

     "[NEW MATERIAL] ABUSE-DETERRENT OPIOIDS.--

          A. As of January 1, 2017, an individual or group health insurance policy, health care plan or certificate of insurance that is delivered, issued for delivery or renewed in this state and that provides prescription drug benefits:

                (1) shall provide coverage for at least one abuse-deterrent opioid for each opioid analgesic active ingredient; and

                (2) shall not require an insured patient to use a prescribed opioid as a condition precedent to authorizing, or providing coverage for, a prescribed abuse-deterrent opioid.

          B. Nothing in this section shall prohibit the use of utilization review, including prior authorization, provided the same criteria are applied to a prescribed opioid as to a prescribed abuse-deterrent opioid.

          C. As used in this section:

                (1) "abuse" means the intentional, nontherapeutic use of a drug product or substance, even once, to achieve a desirable psychological or physiological effect;

                (2) "abuse-deterrent opioid" means a brand or generic opioid analgesic drug that is indicated for the treatment of pain, that has abuse-deterrent labeling claims indicating it has abuse-deterrent properties and that has been approved by the federal food and drug administration;

                (3) "abuse-deterrent properties" means properties that the federal food and drug administration has determined to meaningfully deter abuse, even if they do not fully prevent abuse; and

                (4) "opioid" means a brand or generic opioid analgesic drug that is indicated for the treatment of pain, which does not have abuse-deterrent labeling claims indicating it has abuse-deterrent properties and that has been approved by the federal food and drug administration."

     SECTION 3. TEMPORARY PROVISION--USE OF MEDICATION-ASSISTED TREATMENT FOR PERSONS UNDER THE SUPERVISION OF THE CORRECTIONS DEPARTMENT.--No later than January 1, 2017, the secretary of corrections shall consider the use of medication-assisted treatment for persons under the corrections department's supervision. As used in this section, "medication-assisted treatment" means any treatment for opioid addiction that includes a medication approved by the federal food and drug administration for opioid addiction detoxification or maintenance treatment.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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