Florida Senate - 2016                             CS for SB 1142
       
       
        
       By the Committee on Banking and Insurance; and Senator Hays
       
       597-02875-16                                          20161142c1
    1                        A bill to be entitled                      
    2         An act relating to treatments for stable patients;
    3         creating s. 627.42392, F.S.; defining terms; requiring
    4         a pharmacy benefits manager or a specified individual
    5         or group insurance policy to continue to cover a drug
    6         for specified insureds under certain circumstances;
    7         prohibiting certain actions by a pharmacy benefits
    8         manager or an individual or group policy with respect
    9         to a drug for a certain insured except under certain
   10         circumstances; providing applicability; amending s.
   11         627.6699, F.S.; expanding a list of conditions that
   12         certain health benefit plans must comply with;
   13         amending s. 641.31, F.S.; defining terms; requiring a
   14         pharmacy benefits manager or a specified health
   15         maintenance contract to continue to cover a drug for
   16         specified subscribers under certain circumstances;
   17         prohibiting certain actions by a pharmacy benefits
   18         manager or a health maintenance contract with respect
   19         to a drug for a certain subscriber except under
   20         certain circumstances; providing applicability;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 627.42392, Florida Statutes, is created
   26  to read:
   27         627.42392 Continuity of care for medically stable
   28  patients.—
   29         (1) As used in this section, the term:
   30         (a) “Complex or chronic medical condition” means a
   31  physical, behavioral, or developmental condition that does not
   32  have a known cure or that can be severely debilitating or fatal
   33  if left untreated or undertreated.
   34         (b) “Rare diseasehas the same meaning as in the Public
   35  Health Service Act, 42 U.S.C. s. 287a-1.
   36         (2) A pharmacy benefits manager or an individual or group
   37  insurance policy that is delivered, issued for delivery,
   38  renewed, amended, or continued in this state and that provides
   39  medical, major medical, or similar comprehensive coverage must
   40  continue to cover a drug for an insured with a complex or
   41  chronic medical condition or a rare disease if:
   42         (a) The drug was previously covered by the insurer for a
   43  medical condition or disease of the insured; and
   44         (b) The prescribing provider continues to prescribe the
   45  drug for the medical condition or disease, provided that the
   46  drug is appropriately prescribed and neither of the following
   47  has occurred:
   48         1. The United States Food and Drug Administration has
   49  issued a notice, guidance, warning, announcement, or any other
   50  statement about the drug which calls into question the clinical
   51  safety of the drug; or
   52         2. The manufacturer of the drug has notified the United
   53  States Food and Drug Administration of any manufacturing
   54  discontinuance or potential discontinuance as required by s.
   55  506C of the Federal Food Drug and Cosmetic Act, 21 U.S.C. s.
   56  356c.
   57         (3) With respect to a drug for an insured with a complex or
   58  chronic medical condition or a rare disease which meets the
   59  conditions of paragraphs (2)(a) and (2)(b), except during open
   60  enrollment periods, a pharmacy benefits manager or an individual
   61  or group insurance policy may not:
   62         (a) Set forth, by contract, limitations on maximum coverage
   63  of prescription drug benefits;
   64         (b) Subject the insured to increased out-of-pocket costs;
   65  or
   66         (c) Move a drug for an insured to a more restrictive tier,
   67  if an individual or group insurance policy or a pharmacy
   68  benefits manager uses a formulary with tiers.
   69         (4) This section does not apply to a grandfathered health
   70  plan as defined in s. 627.402, or to benefits set forth in s.
   71  627.6561(5)(b), (c), (d), and (e).
   72         Section 2. Paragraph (e) of subsection (5) of section
   73  627.6699, Florida Statutes, is amended to read:
   74         627.6699 Employee Health Care Access Act.—
   75         (5) AVAILABILITY OF COVERAGE.—
   76         (e) All health benefit plans issued under this section must
   77  comply with the following conditions:
   78         1. For employers who have fewer than two employees, a late
   79  enrollee may be excluded from coverage for no longer than 24
   80  months if he or she was not covered by creditable coverage
   81  continually to a date not more than 63 days before the effective
   82  date of his or her new coverage.
   83         2. Any requirement used by a small employer carrier in
   84  determining whether to provide coverage to a small employer
   85  group, including requirements for minimum participation of
   86  eligible employees and minimum employer contributions, must be
   87  applied uniformly among all small employer groups having the
   88  same number of eligible employees applying for coverage or
   89  receiving coverage from the small employer carrier, except that
   90  a small employer carrier that participates in, administers, or
   91  issues health benefits pursuant to s. 381.0406 which do not
   92  include a preexisting condition exclusion may require as a
   93  condition of offering such benefits that the employer has had no
   94  health insurance coverage for its employees for a period of at
   95  least 6 months. A small employer carrier may vary application of
   96  minimum participation requirements and minimum employer
   97  contribution requirements only by the size of the small employer
   98  group.
   99         3. In applying minimum participation requirements with
  100  respect to a small employer, a small employer carrier shall not
  101  consider as an eligible employee employees or dependents who
  102  have qualifying existing coverage in an employer-based group
  103  insurance plan or an ERISA qualified self-insurance plan in
  104  determining whether the applicable percentage of participation
  105  is met. However, a small employer carrier may count eligible
  106  employees and dependents who have coverage under another health
  107  plan that is sponsored by that employer.
  108         4. A small employer carrier shall not increase any
  109  requirement for minimum employee participation or any
  110  requirement for minimum employer contribution applicable to a
  111  small employer at any time after the small employer has been
  112  accepted for coverage, unless the employer size has changed, in
  113  which case the small employer carrier may apply the requirements
  114  that are applicable to the new group size.
  115         5. If a small employer carrier offers coverage to a small
  116  employer, it must offer coverage to all the small employer’s
  117  eligible employees and their dependents. A small employer
  118  carrier may not offer coverage limited to certain persons in a
  119  group or to part of a group, except with respect to late
  120  enrollees.
  121         6. A small employer carrier may not modify any health
  122  benefit plan issued to a small employer with respect to a small
  123  employer or any eligible employee or dependent through riders,
  124  endorsements, or otherwise to restrict or exclude coverage for
  125  certain diseases or medical conditions otherwise covered by the
  126  health benefit plan.
  127         7. An initial enrollment period of at least 30 days must be
  128  provided. An annual 30-day open enrollment period must be
  129  offered to each small employer’s eligible employees and their
  130  dependents. A small employer carrier must provide special
  131  enrollment periods as required by s. 627.65615.
  132         8. A small employer carrier must provide continuity of care
  133  for medically stable patients as required by s. 627.42392.
  134         Section 3. Subsection (44) is added to section 641.31,
  135  Florida Statutes, to read:
  136         641.31 Health maintenance contracts.—
  137         (44)(a) As used in this subsection, the term:
  138         1.“Complex or chronic medical condition” means a physical,
  139  behavioral, or developmental condition that does not have a
  140  known cure or that can be severely debilitating or fatal if left
  141  untreated or undertreated.
  142         2.“Rare disease” has the same meaning as in the Public
  143  Health Service Act, 42 U.S.C. s. 287a-1.
  144         (b) A pharmacy benefits manager or a health maintenance
  145  contract that is delivered, issued for delivery, renewed,
  146  amended, or continued in this state and that provides medical,
  147  major medical, or similar comprehensive coverage must continue
  148  to cover a drug for a subscriber with a complex or chronic
  149  medical condition or a rare disease if:
  150         1. The drug was previously covered by the health
  151  maintenance organization for a medical condition or disease of
  152  the subscriber; and
  153         2. The prescribing provider continues to prescribe the drug
  154  for the medical condition or disease, provided that the drug is
  155  appropriately prescribed and neither of the following has
  156  occurred:
  157         a. The United States Food and Drug Administration has
  158  issued a notice, guidance, warning, announcement, or any other
  159  statement about the drug which calls into question the clinical
  160  safety of the drug; or
  161         b. The manufacturer of the drug has notified the United
  162  States Food and Drug Administration of any manufacturing
  163  discontinuance or potential discontinuance as required by s.
  164  506C of the Federal Food Drug and Cosmetic Act, 21 U.S.C. s.
  165  356c.
  166         (c) With respect to a drug for a subscriber with a complex
  167  or chronic medical condition or a rare disease which meets the
  168  conditions of subparagraphs (b)1. and (b)2., except during open
  169  enrollment periods, a pharmacy benefits manager or a health
  170  maintenance contract may not:
  171         1.Set forth, by contract, limitations on maximum coverage
  172  of prescription drug benefits;
  173         2. Subject the subscriber to increased out-of-pocket costs;
  174  or
  175         3. Move a drug for a subscriber to a more restrictive tier,
  176  if a health maintenance contract or a pharmacy benefits manager
  177  uses a formulary with tiers.
  178         (d) This section does not apply to a grandfathered health
  179  plan as defined in s. 627.402.
  180         Section 4. This act shall take effect January 1, 2018.