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As a result of the new legislation, state health agencies must use a more conservative approach to determining that someone has a disease which requires an antibiotic, which is why the number of people in New Hampshire suffering from drug-resistant bacteria is on track to become the highest among the 34 states (including New York) that do not require such testing.
The new law goes further than recent federal legislation to require antibiotics for treatment of infections caused by strep (which is common), a virus, or a bacterial infection that is resistant to penicillin.
The New Hampshire law has no cap, other than that antibiotic consumption must be at least twice a week. The cost of antibiotic prescriptions is based on a national Medicare fee schedule, which may not account for certain costs of treating certain diseases.
The law goes into effect next month. Those who had their prescriptions canceled may ask their health insurance company to reinstate the prescriptions. Those who can’t and want to continue with their prescriptions can apply for a reimbursement card, which works similar to a card for a visit to the doctor.
The New Hampshire law is the first since 2006, when a federal law called the Federal Antibiotic Resistance Monitoring System (FARMS) went into effect, requiring states to conduct surveillance and report to the Centers for Disease Control and Prevention on the risk for drug-resistant bacteria. This system helps state health departments determine which drugs for which illnesses require treatment. Because of the new law, all states must now make sure that at least 1 percent of their population — including adults, adolescents, and children — has drug-resistant bacteria.
The cost to patients with chronic illnesses, however, is expected to be much larger than to others. The federal Centers for Medicare and Medicaid Services said in a 2011
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