State of the States December 13, 2024

National – Sentry released its 2024 Retail & Wholesale Injury Report, which revealed that 38% of retail worker injuries occur within their first year. Key findings include strains and contusions making up nearly 50% of injuries, an average of 70 lost workdays due to injuries, and workers under 30 years of age experiencing the highest injury rates, accounting for nearly one-third of all cases.  

United States Representative Diana Harshbarger (R-TN) introduced H.R. 10362, known as the Patients Before Monopolies (PBM) Act. This legislation aims to eliminate conflicts of interest in the pharmaceutical industry by banning the common ownership of pharmacy benefit managers (PBMs) and pharmacies. Specifically, the bill prohibits parent companies of PBMs from owning pharmacies and requires companies in violation to divest their pharmacy businesses within three years. To learn more, check out Rep. Diana Harshbarger’s press release here. 

The National Council on Compensation Insurance (NCCI) released its December Labor Market Insights Report, providing an overview of key labor market statistics and their potential impact on workers’ compensation. The report highlights that in November, the economy added 227,000 jobs, averaging 130,000 jobs per month over the past two months, signaling a return to the slower growth pace seen in the summer. Health care and leisure and hospitality services saw significant job gains, while retail trade experienced a decline. Despite the slowdown in employment growth, wage growth remains robust, supporting solid payroll growth, especially in higher-premium industries like construction and health care. 

Missouri – Three bills were introduced in the Missouri Senate this week.  

 MO SB 90 aims to modify provisions related to alternative therapies and treatments, including the use of psilocybin. The bill aims to establish a legal framework for the therapeutic use of psilocybin and encourages research into its effectiveness. Psilocybin, a naturally occurring psychedelic compound found in “magic mushrooms,” has recently gained attention for its potential therapeutic benefits, particularly in treating conditions such as depression, anxiety, PTSD, and substance use disorders.

MO SB 45 aims to establish new rules for paying for prescription drugs. The bill ensures that patients can get their prescriptions from any licensed pharmacist or pharmacy.

MO SB 17 aims to help combat the opioid epidemic by modifying the rules around prescribing opioids. Specifically, the bill would require doctors to discuss the risks of taking opioids and possible alternatives with patients before prescribing for the first and before the third prescription. The bill also requires doctors to note these consultations in the patient's medical records. 

New Jersey – NJ S 1192 was scheduled for a Senate Budget and Appropriations Committee meeting this week. As a reminder, S 1192, would require prescription drug coverage for serious mental illness without prior utilization or authorization management. According to the bill text, serious mental illness would include bipolar disorders (including hypomanic, manic, depressive, and mixed), depression, major depressive disorders, obsessive-compulsive disorders, paranoid and other psychological disorders, schizoaffective disorders, as well as schizophrenia, and PTSD.

New York – Governor Kathy Hochul enacted SB 6635, marking a significant win for PTSD in the workers’ compensation arena. This bill stops the State Workers’ Compensation Board from denying mental injury claims by arguing that the stress experienced was typical for the workplace. It supports workers facing job-related mental health crises and allows them to file for compensation for specific mental injuries caused by extraordinary work-related stress.

South Carolina – S 100 was introduced in the South Carolina Senate this week. The bill aims to enhance transparency and fairness in cost-sharing practices for pharmacy benefit managers (PBMs). The bill would add a new section to the South Carolina Code of Laws to define terms and set cost-sharing requirements. 

Texas – TX HB 855 was introduced in the House. The bill aims to protect doctors and pharmacists from punishment by state agencies for prescribing or promoting off-label drug use. The goal of the bill is to encourage medical professionals to use their judgment in ways not originally approved by the FDA, while ensuring everyone's safety.  

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