Florida Senate - 2011                                     SB 180
       
       
       
       By Senator Sobel
       
       
       
       
       31-00278-11                                            2011180__
    1                        A bill to be entitled                      
    2         An act relating to health insurance; creating ss.
    3         627.6404, 627.6572, and 641.31093, F.S.; requiring all
    4         antiretroviral agents to be included on health plan
    5         formularies; prohibiting access-limiting procedures
    6         used to restrict antiretroviral agents prescribed to
    7         treat a person with HIV; amending s. 627.6515, F.S.;
    8         including reference to such requirements on policies
    9         issued by out-of-state groups; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 627.6404, Florida Statutes, is created
   15  to read:
   16         627.6404 HIV treatment.—Antiretroviral agents prescribed to
   17  treat a person with HIV must be included on a health plan
   18  formulary and may not be restricted through a requirement for
   19  prior authorization, step therapy, or other limitation that
   20  limits access to any antiretroviral agent.
   21         Section 2. Section 627.6572, Florida Statutes, is created
   22  to read:
   23         627.6572 HIV treatment.—Antiretroviral agents prescribed to
   24  treat a person with HIV must be included on a health plan
   25  formulary and may not be restricted through a requirement for
   26  prior authorization, step therapy, or other limitation that
   27  limits access to any antiretroviral agent.
   28         Section 3. Section 641.31093, Florida Statutes, is created
   29  to read:
   30         641.31093 HIV treatment.—Antiretroviral agents prescribed
   31  to treat a person with HIV must be included on a health plan
   32  formulary and may not be restricted through a requirement for
   33  prior authorization, step therapy, or other limitation that
   34  limits access to any antiretroviral agent.
   35         Section 4. Subsection (2) of section 627.6515, Florida
   36  Statutes, is amended to read:
   37         627.6515 Out-of-state groups.—
   38         (2) Except as otherwise provided in this part, this part
   39  does not apply to a group health insurance policy issued or
   40  delivered outside this state under which a resident of this
   41  state is provided coverage if:
   42         (a) The policy is issued to an employee group the
   43  composition of which is substantially as described in s.
   44  627.653; a labor union group or association group the
   45  composition of which is substantially as described in s.
   46  627.654; an additional group the composition of which is
   47  substantially as described in s. 627.656; a group insured under
   48  a blanket health policy when the composition of the group is
   49  substantially in compliance with s. 627.659; a group insured
   50  under a franchise health policy when the composition of the
   51  group is substantially in compliance with s. 627.663; an
   52  association group to cover persons associated in any other
   53  common group, which common group is formed primarily for
   54  purposes other than providing insurance; a group that is
   55  established primarily for the purpose of providing group
   56  insurance, provided the benefits are reasonable in relation to
   57  the premiums charged thereunder and the issuance of the group
   58  policy has resulted, or will result, in economies of
   59  administration; or a group of insurance agents of an insurer,
   60  which insurer is the policyholder.;
   61         (b) Certificates evidencing coverage under the policy are
   62  issued to residents of this state and contain in contrasting
   63  color and not less than 10-point type the following statement:
   64  “The benefits of the policy providing your coverage are governed
   65  primarily by the law of a state other than Florida”.; and
   66         (c) The policy provides the benefits specified in ss.
   67  627.419, 627.6572, 627.6574, 627.6575, 627.6579, 627.6612,
   68  627.66121, 627.66122, 627.6613, 627.667, 627.6675, 627.6691, and
   69  627.66911.
   70         (d) Applications for certificates of coverage offered to
   71  residents of this state must contain, in contrasting color and
   72  not less than 12-point type, the following statement on the same
   73  page as the applicant’s signature:
   74  
   75  “This policy is primarily governed by the laws of ...insert
   76  state where the master policy if filed.... As a result, all of
   77  the rating laws applicable to policies filed in this state do
   78  not apply to this coverage, which may result in increases in
   79  your premium at renewal that would not be permissible under a
   80  Florida-approved policy. Any purchase of individual health
   81  insurance should be considered carefully, as future medical
   82  conditions may make it impossible to qualify for another
   83  individual health policy. For information concerning individual
   84  health coverage under a Florida-approved policy, consult your
   85  agent or the Florida Department of Financial Services.”
   86  
   87  This paragraph applies only to group certificates providing
   88  health insurance coverage which require individualized
   89  underwriting to determine coverage eligibility for an individual
   90  or premium rates to be charged to an individual except for the
   91  following:
   92         1. Policies issued to provide coverage to groups of persons
   93  all of whom are in the same or functionally related licensed
   94  professions, and providing coverage only to such licensed
   95  professionals, their employees, or their dependents;
   96         2. Policies providing coverage to small employers as
   97  defined by s. 627.6699. Such policies shall be subject to, and
   98  governed by, the provisions of s. 627.6699;
   99         3. Policies issued to a bona fide association, as defined
  100  by s. 627.6571(5), provided that there is a person or board
  101  acting as a fiduciary for the benefit of the members, and such
  102  association is not owned, controlled by, or otherwise associated
  103  with the insurance company; or
  104         4. Any accidental death, accidental death and
  105  dismemberment, accident-only, vision-only, dental-only, hospital
  106  indemnity-only, hospital accident-only, cancer, specified
  107  disease, Medicare supplement, products that supplement Medicare,
  108  long-term care, or disability income insurance, or similar
  109  supplemental plans provided under a separate policy,
  110  certificate, or contract of insurance, which cannot duplicate
  111  coverage under an underlying health plan, coinsurance, or
  112  deductibles or coverage issued as a supplement to workers’
  113  compensation or similar insurance, or automobile medical-payment
  114  insurance.
  115         Section 5. This act shall take effect July 1, 2011.