Florida Senate - 2024                              CS for SB 964
       
       
        
       By the Committee on Banking and Insurance; and Senator Calatayud
       
       
       
       
       
       597-03029-24                                           2024964c1
    1                        A bill to be entitled                      
    2         An act relating to coverage for biomarker testing;
    3         amending s. 110.12303, F.S.; defining terms; requiring
    4         the Department of Management Services to provide
    5         coverage of biomarker testing for specified purposes
    6         for state employees’ state group health insurance plan
    7         policies issued on or after a specified date;
    8         specifying circumstances under which such coverage may
    9         be provided; requiring state group health insurance
   10         plans to provide enrollees and participating providers
   11         with a clear and convenient process for authorization
   12         requests for biomarker testing; requiring that such
   13         process be readily accessible online; providing
   14         construction; amending s. 409.906, F.S.; defining
   15         terms; authorizing the Agency for Health Care
   16         Administration to pay for biomarker testing under the
   17         Medicaid program for specified purposes, subject to
   18         specific appropriations; specifying circumstances
   19         under which such payments may be made; requiring that
   20         Medicaid recipients and participating providers be
   21         provided a clear and convenient process for
   22         authorization requests for biomarker testing;
   23         requiring that such process be readily accessible
   24         online; providing construction; authorizing the agency
   25         to seek federal approval for biomarker testing
   26         payments; creating s. 409.9745, F.S.; requiring
   27         managed care plans under contract with the agency in
   28         the Medicaid program to provide coverage for biomarker
   29         testing for Medicaid recipients in a certain manner;
   30         requiring managed care plans to provide Medicaid
   31         recipients and health care providers with a clear and
   32         convenient process for authorization requests for
   33         biomarker testing; requiring that such process be
   34         readily accessible on the managed care plan’s website;
   35         providing construction; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (5) is added to section 110.12303,
   40  Florida Statutes, to read:
   41         110.12303 State group insurance program; additional
   42  benefits; price transparency program; reporting.—
   43         (5)(a)As used in this subsection, the term:
   44         1.“Biomarker” means a defined characteristic that is
   45  measured as an indicator of normal biological processes,
   46  pathogenic processes, or responses to an exposure or
   47  intervention, including therapeutic interventions. The term
   48  includes, but is not limited to, molecular, histologic,
   49  radiographic, or physiologic characteristics but does not
   50  include an assessment of how a patient feels, functions, or
   51  survives.
   52         2.“Biomarker testing” means an analysis of a patient’s
   53  tissue, blood, or other biospecimen for the presence of a
   54  biomarker. The term includes, but is not limited to, single
   55  analyte tests, multiplex panel tests, protein expression, and
   56  whole exome, whole genome, and whole transcriptome sequencing
   57  performed at a participating in-network laboratory facility that
   58  is certified pursuant to the federal Clinical Laboratory
   59  Improvement Amendment (CLIA) or that has obtained a CLIA
   60  Certificate of Waiver by the United States Food and Drug
   61  Administration for the tests.
   62         3.“Clinical utility” means the test result provides
   63  information that is used in the formulation of a treatment or
   64  monitoring strategy that informs a patient’s outcome and impacts
   65  the clinical decision.
   66         (b)For state group health insurance plan policies issued
   67  on or after January 1, 2025, the department shall provide
   68  coverage of biomarker testing for the purposes of diagnosis,
   69  treatment, appropriate management, or ongoing monitoring of an
   70  enrollee’s disease or condition to guide treatment decisions if
   71  medical and scientific evidence indicates that the biomarker
   72  testing provides clinical utility to the enrollee. Such medical
   73  and scientific evidence includes, but is not limited to:
   74         1.A labeled indication for a test approved or cleared by
   75  the United States Food and Drug Administration;
   76         2.An indicated test for a drug approved by the United
   77  States Food and Drug Administration;
   78         3.A national coverage determination made by the Centers
   79  for Medicare and Medicaid Services or a local coverage
   80  determination made by the Medicare Administrative Contractor; or
   81         4.A nationally recognized clinical practice guideline. As
   82  used in this subparagraph, the term “nationally recognized
   83  clinical practice guideline” means an evidence-based clinical
   84  practice guideline developed by independent organizations or
   85  medical professional societies using a transparent methodology
   86  and reporting structure and with a conflict-of-interest policy.
   87  Guidelines developed by such organizations or societies
   88  establish standards of care informed by a systematic review of
   89  evidence and an assessment of the benefits and costs of
   90  alternative care options and include recommendations intended to
   91  optimize patient care.
   92         (c)Each state group health insurance plan shall provide
   93  enrollees and participating providers with a clear and
   94  convenient process to request authorization for biomarker
   95  testing. Such process must be made readily accessible online to
   96  all enrollees and participating providers.
   97         (d)This subsection does not require coverage of biomarker
   98  testing for screening purposes.
   99         Section 2. Subsection (29) is added to section 409.906,
  100  Florida Statutes, to read:
  101         409.906 Optional Medicaid services.—Subject to specific
  102  appropriations, the agency may make payments for services which
  103  are optional to the state under Title XIX of the Social Security
  104  Act and are furnished by Medicaid providers to recipients who
  105  are determined to be eligible on the dates on which the services
  106  were provided. Any optional service that is provided shall be
  107  provided only when medically necessary and in accordance with
  108  state and federal law. Optional services rendered by providers
  109  in mobile units to Medicaid recipients may be restricted or
  110  prohibited by the agency. Nothing in this section shall be
  111  construed to prevent or limit the agency from adjusting fees,
  112  reimbursement rates, lengths of stay, number of visits, or
  113  number of services, or making any other adjustments necessary to
  114  comply with the availability of moneys and any limitations or
  115  directions provided for in the General Appropriations Act or
  116  chapter 216. If necessary to safeguard the state’s systems of
  117  providing services to elderly and disabled persons and subject
  118  to the notice and review provisions of s. 216.177, the Governor
  119  may direct the Agency for Health Care Administration to amend
  120  the Medicaid state plan to delete the optional Medicaid service
  121  known as “Intermediate Care Facilities for the Developmentally
  122  Disabled.” Optional services may include:
  123         (29)BIOMARKER TESTING SERVICES.—
  124         (a)As used in this subsection, the term:
  125         1.“Biomarker” means a defined characteristic that is
  126  measured as an indicator of normal biological processes,
  127  pathogenic processes, or responses to an exposure or
  128  intervention, including therapeutic interventions. The term
  129  includes, but is not limited to, molecular, histologic,
  130  radiographic, or physiologic characteristics but does not
  131  include an assessment of how a patient feels, functions, or
  132  survives.
  133         2.“Biomarker testing” means an analysis of a patient’s
  134  tissue, blood, or other biospecimen for the presence of a
  135  biomarker. The term includes, but is not limited to, single
  136  analyte tests, multiplex panel tests, protein expression, and
  137  whole exome, whole genome, and whole transcriptome sequencing
  138  performed at a participating in-network laboratory facility that
  139  is certified pursuant to the federal Clinical Laboratory
  140  Improvement Amendment (CLIA) or that has obtained a CLIA
  141  Certificate of Waiver by the United States Food and Drug
  142  Administration for the tests.
  143         3.“Clinical utility” means the test result provides
  144  information that is used in the formulation of a treatment or
  145  monitoring strategy that informs a patient’s outcome and impacts
  146  the clinical decision.
  147         (b)The agency may pay for biomarker testing for the
  148  purposes of diagnosis, treatment, appropriate management, or
  149  ongoing monitoring of a recipient’s disease or condition to
  150  guide treatment decisions if medical and scientific evidence
  151  indicates that the biomarker testing provides clinical utility
  152  to the recipient. Such medical and scientific evidence includes,
  153  but is not limited to:
  154         1.A labeled indication for a test approved or cleared by
  155  the Unites States Food and Drug Administration;
  156         2.An indicated test for a drug approved by the United
  157  States Food and Drug Administration;
  158         3.A national coverage determination made by the Centers
  159  for Medicare and Medicaid Services or a local coverage
  160  determination made by the Medicare Administrative Contractor; or
  161         4.A nationally recognized clinical practice guideline. As
  162  used in this subparagraph, the term “nationally recognized
  163  clinical practice guideline” means an evidence-based clinical
  164  practice guideline developed by independent organizations or
  165  medical professional societies using a transparent methodology
  166  and reporting structure and with a conflict-of-interest policy.
  167  Guidelines developed by such organizations or societies
  168  establish standards of care informed by a systematic review of
  169  evidence and an assessment of the benefits and costs of
  170  alternative care options and include recommendations intended to
  171  optimize patient care.
  172         (c)Recipients and participating providers must be provided
  173  access to a clear and convenient process to request
  174  authorization for biomarker testing as provided under this
  175  subsection. Such process must be made readily accessible online
  176  to all recipients and participating providers.
  177         (d)This subsection does not require coverage of biomarker
  178  testing for screening purposes.
  179         (e)The agency may seek federal approval necessary to
  180  implement this subsection.
  181         Section 3. Section 409.9745, Florida Statutes, is created
  182  to read:
  183         409.9745Managed care plan biomarker testing.—
  184         (1)A managed care plan must provide coverage for biomarker
  185  testing for recipients, as authorized under s. 409.906, at the
  186  same scope, duration, and frequency as the Medicaid program
  187  provides for other medically necessary treatments.
  188         (2)The managed care plan shall provide recipients and
  189  health care providers with access to a clear and convenient
  190  process to request authorization for biomarker testing as
  191  provided under this section. Such process must be made readily
  192  accessible on the managed care plan’s website.
  193         (3)This section does not require coverage of biomarker
  194  testing for screening purposes.
  195         Section 4. This act shall take effect July 1, 2024.