§ 22-3-7-17.6 — Formulary; reimbursement for "N" drug

Indiana § 22-3-7-17.6

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 7: Worker's Occupational Diseases Compensation

Text

6. (a) As used in this section, "formulary"
refers to the Official Disability Guidelines (ODG) Workers'
Compensation Drug Formulary Appendix A published by MCG Health.
(b) As used in this section, "medical emergency" means the sudden
onset of a medical condition manifested by acute symptoms of
sufficient severity, including severe pain, that in the absence of
immediate medical attention could reasonably be expected to result in:
(1) serious jeopardy to the employee's health or bodily functions;
or
(2) serious dysfunction of a body part or organ.
(c) Beginning January 1, 2019, reimbursement is not permitted for
a claim for payment for a drug that:
(1) is prescribed for use by an employee who files a notice of
occupational disease under this chapter; and
(2) according to the formulary, is an "N" drug.
However, if the employee begins use of the "N" drug before July 1,
2018, and the use continues after January 1, 2019, reimbursement is
permitted for the "N" drug until January 1, 2020.
(d) If a prescribing physician submits to an employer a request to
permit use of an "N" drug described in subsection (c), including the
prescribing physician's reason for requesting use of an "N" drug, and
the employer approves the request, the prescribing physician may
prescribe the "N" drug for use by the disabled employee.
(e) If the employer does not approve the prescribing physician's
request under subsection (d) to permit use of an "N" drug, the employer
shall:
(1) send the request to a third party that is certified by the
Utilization Review Accreditation Commission to make a
determination concerning the request; and
(2) notify the prescribing physician and the disabled employee of
the third party's determination not more than five (5) business
days after receiving the request.
(f) If an employer fails to provide the notice required by subsection
(e)(2), the prescribing physician's request under subsection (d) is
considered approved, and reimbursement of the "N" drug prescribed
for use by the disabled employee is authorized.
(g) If the third party's determination under subsection (e) is to deny
the prescribing physician's request to permit the use of an "N" drug:
(1) the employer shall notify the prescribing physician and the
disabled employee; and
(2) the disabled employee may apply to the worker's
compensation board for a final determination concerning the third
party's determination under subsection (e).
(h) Notwithstanding subsections (c) through (g), during a medical
emergency, an employee shall receive a drug prescribed for the
employee even if the drug is an "N" drug according to the formulary.

Legislative History

As added by P.L.206-2018, SEC.2. Amended by P.L.10-2019, SEC.96.