HOUSE DOCKET, NO. 3942        FILED ON: 11/4/2013

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The Commonwealth of Massachusetts

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PRESENTED BY:

Alan Silvia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to prescription drugs for MassHealth enrollees.

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PETITION OF:

HOUSE DOCKET, NO. 3942        FILED ON: 11/4/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to prescription drugs for MassHealth enrollees.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

An Act relative to prescription drugs for MassHealth enrollees

SECTION 1. Section 1 of chapter 94C of the General Laws is hereby amended by inserting after the definition of “Immediate precursor”, as appearing in the 2012 Official Edition, the following definition:-

“Intractable pain”, a pain state in which the cause cannot be removed or otherwise treated and for which no relief or cure has been found.

SECTION 2. Said section 1 of said chapter 94C is hereby further amended by inserting after the definition of “Oral prescription”, as so appearing, the following definition:-

“Palliative care”, health care treatment, including end-of-life care, to prevent or relieve pain and suffering and to enhance the patient's quality of life.

SECTION 3. Section 19 of said chapter 94C, as so appearing, is hereby amended by adding the following subsection:-

(e) Notwithstanding subsection (a), a prescription for a controlled substance in Schedule II for use by a MassHealth enrollee shall not be issued by a practitioner unless the practitioner conducts a physical or mental health examination prior to the issuance; provided, however, this subsection shall not apply to prescriptions for a controlled substance in Schedule II issued for palliative care or to treat intractable pain.

SECTION 4. Section 23 of said chapter 94C, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) In the case of a controlled substance in Schedule II or III, except those substances in Schedule II being prescribed for use by a MassHealth enrollee, no prescription shall be filled for more than a 30-day supply of the substance upon any single filling; provided, however, that with regard to dextro amphetamine sulphate and methyl phenidate hydrochloride, a prescription may be filled for up to a 60-day supply of the substance upon any single filling if the substance is being used for the treatment of minimal brain dysfunction or narcolepsy; provided further, that subject to regulations of the department and the board of pharmacy, prescriptions for implantable infusion pumps consisting of Schedule II or Schedule III controlled substances may be filled for a maximum of 90 days.

In the case of a controlled substance in Schedule II being prescribed for use by a MassHealth enrollee, no prescription shall be filled for more than a 15-day supply of the substance upon any single filling; provided, however, that with regard to dextro amphetamine sulphate and methyl phenidate hydrochloride, a prescription may be filled for up to a 30-day supply of the substance upon any single filling if the substance is being used for the treatment of minimal brain dysfunction or narcolepsy; provided further, that subject to regulations of the department and the board of pharmacy, prescriptions for implantable infusion pumps consisting of Schedule II controlled substances may be filled for a maximum of 90 days; provided further, that a prescription may be filled for up to a 30-day supply upon any single filling if the substance is being used for palliative care or to treat intractable pain.

SECTION 5. Said section 23 of said chapter 94C, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f) No prescription for a controlled substance shall be refilled unless the original prescription provides for the refilling and unless the number of refills has been specified in the prescription; provided, however, no prescription for a controlled substance in Schedule II, except those being prescribed for palliative care or to treat intractable pain, shall be refilled for use by any MassHealth enrollee even if the original prescription provides for a refilling.