420-J:7-g Development of a Comprehensive Program of Pain Management Services for the Management of Chronic Pain. –
I. Health carriers shall develop, in accordance with guidelines established by the insurance department, a program to provide access to a broad spectrum of covered pain management services, including, but not limited to, non-medication, nonsurgical treatment modalities, and non-opioid medication treatment options that serve as alternatives to opioid prescribing, including restorative therapies, behavioral health approaches, or integrative health therapies, such as acupuncture, chiropractic and osteopathic treatments, massage, or movement therapies. This plan shall be approved by the department as a component of the form filing and approval process.
II. Health carriers shall provide to covered persons who suffer from a chronic pain condition information regarding the pain management program and how to access services included in the program. Such information shall also be publicly available on the health carrier's website.
III. Health carriers shall annually distribute educational materials about the program to providers within their networks.
IV. Health carriers shall not require a covered person to obtain prior authorization for access to the program of pain management.
V. Carriers may establish utilization controls, including prior authorization or step therapy requirements, for clinically appropriate non-opioid drugs approved by the United States Food and Drug Administration for the treatment or management of pain, but they shall not be more restrictive or extensive than the least restrictive or extensive utilization controls applicable to any clinically appropriate opioid drug.