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Committee holds HB 1765 for the day after debate over premature vendor-driven legislation
Summary
Delegate Martinez's bill to require parity for FDA-approved non-opioid pain medications was taken 'by for the day' after members requested more analysis; insurers said the bill was premature and appeared to advantage yet-to-be-approved vendor products.
Delegate Martinez introduced HB 1765 to create parity between opioid pain medications and non-opioid prescription alternatives approved by the Food and Drug Administration, removing barriers such as step therapy and prior authorization for the non-opioid options.
Why it matters: Sponsor said the proposal would give patients at risk of opioid addiction access to alternatives and cited personal experience declining opioids after surgery. Supporters said several non-opioid products are imminent for FDA approval; industry witnesses cautioned that at least one manufacturer (Vertex) is seeking to advantage its pending product and that passing law before FDA approval could improperly favor a vendor and be premature.
Industry witnesses urged study at HERC and asked for exemptions and careful consideration of high-deductible health plan IRS requirements. Committee members raised questions about the lack of cost data for products not yet on the market and HERC’s capacity to analyze multiple pending benefit requests. After discussion, Delegate Sullivan moved to take the bill "by for the day" to allow further consideration; the motion passed and the bill was held for later consideration.
