Florida Senate - 2018                                     SB 492
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00104-18                                            2018492__
    1                        A bill to be entitled                      
    2         An act relating to the provision of pharmaceutical
    3         services; creating ss. 627.6442 and 627.6572, F.S.;
    4         defining terms; prohibiting certain health insurance
    5         policies from requiring insureds to obtain certain
    6         prescription drugs exclusively from mail order
    7         pharmacies for the treatment of specified chronic
    8         illnesses; providing that such insureds who elect to
    9         use retail pharmacies may not be required to pay
   10         copayments or satisfy other conditions under certain
   11         circumstances; requiring certain health insurers to
   12         include specified disclosures in their outlines of
   13         coverage regarding such prescription drugs; providing
   14         applicability; amending s. 641.31, F.S.; defining
   15         terms; prohibiting certain health maintenance
   16         contracts from requiring subscribers to obtain certain
   17         prescription drugs exclusively from mail order
   18         pharmacies for the treatment of specified chronic
   19         illnesses; providing that such subscribers who elect
   20         to use retail pharmacies may not be required to pay
   21         copayments or satisfy other conditions under certain
   22         circumstances; requiring certain health maintenance
   23         organizations to include specified disclosures in
   24         their outlines of coverage regarding such prescription
   25         drugs; providing applicability; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 627.6442, Florida Statutes, is created
   31  to read:
   32         627.6442 Access to prescription drugs.—
   33         (1)As used in this section, the term:
   34         (a)“Chronic illness” means human immunodeficiency virus
   35  infection, epilepsy, hypertension, or diabetes.
   36         (b)“Excluded drug” means a drug subject to restricted
   37  distribution by the United States Food and Drug Administration
   38  or a drug that requires special handling, provider coordination,
   39  or patient education and cannot be provided by a retail
   40  pharmacy.
   41         (2)A health insurance policy issued, delivered, or renewed
   42  in this state which provides major medical coverage and
   43  prescription drug coverage may not require an insured to obtain
   44  a prescription drug for the treatment of a chronic illness
   45  exclusively from a mail order pharmacy unless the prescription
   46  drug is an excluded drug.
   47         (3) An insured who elects not to use a mail order pharmacy
   48  to obtain a prescription drug, other than an excluded drug,
   49  prescribed for the treatment of a chronic illness may not be
   50  required to pay a copayment or satisfy other conditions that are
   51  not imposed on an insured who uses a mail order pharmacy if the
   52  retail pharmacy used by the insured:
   53         (a) Agrees to the same terms and conditions, including
   54  credentialing, applicable to a mail order pharmacy; and
   55         (b) Accepts payment or reimbursement from the insurer which
   56  is no more than the amount that would be paid to a mail order
   57  pharmacy for the same prescription drugs for the treatment of a
   58  chronic illness.
   59         (4) A health insurer that issues a major medical policy
   60  providing coverage for prescription drugs through a mail order
   61  pharmacy shall disclose in the outline of coverage that an
   62  insured may obtain prescription drugs for the treatment of a
   63  chronic illness from a retail pharmacy and that the exclusive
   64  use of a mail order pharmacy is not required unless the drug is
   65  an excluded drug.
   66         (5)This section does not apply to grandfathered plans as
   67  defined in s. 627.402 or to benefits set forth in s.
   68  627.6562(3)(b), (c), (d), and (e).
   69         Section 2. Section 627.6572, Florida Statutes, is created
   70  to read:
   71         627.6572 Access to prescription drugs.
   72         (1)As used in this section, the term:
   73         (a) “Chronic illness” means human immunodeficiency virus
   74  infection, epilepsy, hypertension, or diabetes.
   75         (b) “Excluded drug” means a drug subject to restricted
   76  distribution by the United States Food and Drug Administration
   77  or a drug that requires special handling, provider coordination,
   78  or patient education and cannot be provided by a retail
   79  pharmacy.
   80         (2)A health insurance policy issued, delivered, or renewed
   81  in this state which provides major medical coverage and
   82  prescription drug coverage may not require an insured to obtain
   83  a prescription drug for the treatment of a chronic illness
   84  exclusively from a mail order pharmacy unless the prescription
   85  drug is an excluded drug.
   86         (3) An insured who elects not to use a mail order pharmacy
   87  to obtain a prescription drug, other than an excluded drug,
   88  prescribed for the treatment of a chronic illness may not be
   89  required to pay a copayment or satisfy other conditions that are
   90  not imposed on an insured who uses a mail order pharmacy if the
   91  retail pharmacy used by the insured:
   92         (a) Agrees to the same terms and conditions, including
   93  credentialing, applicable to a mail order pharmacy; and
   94         (b) Accepts payment or reimbursement from the insurer which
   95  is no more than the amount that would be paid to a mail order
   96  pharmacy for the same prescription drugs for the treatment of a
   97  chronic illness.
   98         (4) A health insurer that issues a major medical policy
   99  providing coverage for prescription drugs through a mail order
  100  pharmacy shall disclose in the outline of coverage that an
  101  insured may obtain prescription drugs for the treatment of a
  102  chronic illness from a retail pharmacy and that the exclusive
  103  use of a mail order pharmacy is not required unless the drug is
  104  an excluded drug.
  105         (5)This section does not apply to grandfathered plans as
  106  defined in s. 627.402 or to benefits set forth in s.
  107  627.6562(3)(b), (c), (d), and (e).
  108         Section 3. Subsection (44) is added to section 641.31,
  109  Florida Statutes, to read:
  110         641.31 Health maintenance contracts.—
  111         (44)(a)As used in this section, the term:
  112         1.“Chronic illness” means human immunodeficiency virus
  113  infection, epilepsy, hypertension, or diabetes.
  114         2.“Excluded drug” means a drug subject to restricted
  115  distribution by the United States Food and Drug Administration
  116  or a drug that requires special handling, provider coordination,
  117  or patient education and cannot be provided by a retail
  118  pharmacy.
  119         (b)A health maintenance contract issued, delivered, or
  120  renewed in this state which provides major medical coverage and
  121  prescription drug coverage may not require a subscriber to
  122  obtain a prescription drug for the treatment of a chronic
  123  illness exclusively from a mail order pharmacy unless the
  124  prescription drug is an excluded drug.
  125         (c) A subscriber who elects not to use a mail order
  126  pharmacy to obtain a prescription drug, other than an excluded
  127  drug, prescribed for the treatment of a chronic illness may not
  128  be required to pay a copayment or satisfy other conditions that
  129  are not imposed on a subscriber who uses a mail order pharmacy
  130  if the retail pharmacy used by the subscriber:
  131         1.Agrees to the same terms and conditions, including
  132  credentialing, applicable to a mail order pharmacy; and
  133         2. Accepts payment or reimbursement from the health
  134  maintenance organization which is no more than the amount that
  135  would be paid to a mail order pharmacy for the same prescription
  136  drugs for the treatment of a chronic illness.
  137         (d) A health maintenance organization that issues a health
  138  maintenance contract providing coverage for prescription drugs
  139  through a mail order pharmacy shall disclose in the outline of
  140  coverage that a subscriber may obtain prescription drugs for the
  141  treatment of a chronic illness from a retail pharmacy and that
  142  the exclusive use of a mail order pharmacy is not required
  143  unless the drug is an excluded drug.
  144         (e)This section does not apply to grandfathered health
  145  plans as defined in s. 641.313(1)(c) or to benefits set forth in
  146  s. 627.6562(3)(b), (c), (d), and (e).
  147         Section 4. This act shall take effect January 1, 2019.