We asked the Senator nicely not to introduce SBO215 and provided a variety of problems that its creation would generate. We were ignored.
Letter to Senator Klausmeier (Also sent to Delegate Jameson, last years sponsor of the House version.)
Subject: Worker's Comp Bill
Date: January 7, 2014 6:00:21 PM EST
To: katherine.klausmeier@senate.state.md.us
Dear Senator Klausmeier and Staff,
A patient just alerted me to your bill (linked below- SBO215). It limits the amount of medications dispensed by licensed physicians to workers who are injured on the job to one month only. It also has a provision that states the medications must be ordered within 72 hours of the injury and if not, the employer/insurer are not responsible for paying for them, as they have been for work related injuries for many years.
Bill: http://mgaleg.maryland.gov/2013RS/bills/sb/sb0247f.pdf
Policy Notes: http://mgaleg.maryland.gov/2013RS/fnotes/bil_0007/sb0247.pdf
Problems: This restricts patients from immediate access to pain meds, heart meds (firefighters/police), etc. and meds like antibiotics that may need to be taken (immediately and/or uninterrupted) for several months, like meds needed by the growing number of outdoor workers with Lyme and tick borne diseases.
As you may know, if Rocky Mountain Spotted Fever is even suspected it is to be treated immediately. And all experts agree, the sooner someone is treated for Lyme and one or more of the many tick borne diseases found in Maryland ticks, the better.
To add the burden of making injured workers navigate through the paper work, the workers compensation insurance system, the employer, the sub-contractors, etc. only serves to delay treatment for an initial prescription and/or refills.
Then there is the drug compounding issues (allergies, delivery methods), and issues regarding name brands that doctors should be directing, not a clerk at an insurance office trying to get the lowest bidder on board.
Then there is the issue of patient autonomy and taking away more of their rights by legislating when and where they may get their medications. Another issue would be alerting all doctor's in the State and assuring they will honor this policy and not allow those who are injured to be "stuck" with a bill they weren't expecting to pay weeks to months down the road.
If passed, this bill will negatively affect residents who were recently injured on the job who are currently in treatment and trying to get back to work ASAP; those who are in rehab being trained for another line of work; as well as those who have been sickest the longest, like those who develop chronic occupational diseases.
These populations (off work temporarily or for an extended time) can NOT afford to wait for the insurers to "get it right" or have pay for these medications, especially when they are not receiving pay checks, or their checks are cut by the amount (%) allotted by the WCC laws already in place. These injured people are already traumatized and struggling when they are unexpectedly hurt and can't work.
It appears from the Bill's Policy Notes that the ONLY purpose of this bill is to save insurer's some money. If passed it could be used to support the notion saying all insurers should not be required to pay for medications dispensed by physicians for more than 30 days, and/or if not prescribed within 72 hours.
Maryland law requires employers to purchase workers compensation insurance to protect people who are working in the event they are injured. If you take away or delay access to one of the most important (often life saving) benefits, what is that doing to help those who need your protection?
PLEASE do not introduce or support this bill or others like it. From what I understand, it is hard enough to get worker's compensation insurer's to pay the bills, so let's not give them another legitimate stall tactic or sanctioned denial to use against those who need help and need it immediately.
Thank you for your consideration, and don't forget, do a tick check!
Lucy Barnes, Director
Lyme Disease Education and Support Groups of Maryland
631 Railroad Avenue
Centreville, MD 21617
Maryland Lyme www.MarylandLyme.org
Get it Right, Treat the Bite! www.TreatTheBite.com
Dr. Jones Kids www.DrJonesKids.com