State of the States

Arizona - Firefighters in Arizona are arguing that cities are breaking the law by denying their cancer claims even after the passage of a 2017 bill expanding cancer presumptions. Under the law, if a firefighter meets specific criteria, including years of service, it is suppose to be the employer’s burden to show the cancer is not related to their work. Firefighters are arguing cities automatically deny the claim, putting the burden on them to prove the cancer is related to their work.

Vermont - On Monday, the Vermont Senate passed S 108, “An Act Relating to Employee Misclassification.” Under the proposed legislation, an employee may file a complaint with the state Attorney General that an employer has violated Vermont law by misclassifying an employee as an independent contractor. The bill is now before the House, where an amendment has already been filed to allow complaints to go to the AG only at the direction of the Commissioner of Labor, not an employee.

New York - A newly introduced bill in the New York Assembly would require pharmacies to receive express consent from patients before dispensing a medication “off-site”, which includes mail order delivery. AB 7555, now before the Assembly Higher Education Committee, would mandate a pharmacy receive a signature or verbal authorization from the patient before dispensing a medication off-site and requires the use of refill reminders to be an opt-in program for patients.

Massachusetts - A bill to expand the use of the PDMP in Massachusetts was introduced in the House this week. HD 3595 would allow practitioners who fail to check the PDMP prior to prescribing or dispensing a medication in the state of Massachusetts to be fined for failure to comply.

Delaware - The Delaware House has passed HB 115, an electronic prescribing bill. Under the legislation, electronic prescribing is mandated for all prescriptions in the state beginning July 1, 2021. If passed by the Senate, Delaware would join 19 other states in enacting electronic prescribing legislation.

Connecticut - Late last week, the Connecticut Senate voted to pass SB 164. The bill would allow first responders, including police and firefighters, diagnosed with PTSD after witnessing the death or maiming of an individual, to qualify for workers’ comp benefits. Connecticut was one of the first states in the country to introduce PTSD bills for first responders following the Sandy Hook School shooting back in 2012, but the legislature has failed every year to get the bill over the finish line.

Pennsylvania - The Pennsylvania Attorney General has filed a lawsuit against Purdue Pharma arguing they fueled the state’s opioid epidemic through deceptive marketing and misrepresentations. The lawsuit specifically alleges that Purdue targeted elderly and military veterans to spread the use of opioids throughout the state. Presently, Purdue is facing over 1,600 claims across the country related to their development and marketing of Oxycontin.

By Danielle Jaffee

Courtesy of Injured Workers Pharmacy Blog

Share This Article: