Senate Bill sb0464
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    Florida Senate - 2001                                   SB 464
    By Senator Wasserman Schultz
    32-323-01
  1                      A bill to be entitled
  2         An act relating to health insurance coverage
  3         for infertility; creating ss. 627.64062 and
  4         627.65742, F.S., and amending s. 641.31, F.S.;
  5         requiring coverage by health insurance
  6         policies, group, franchise, and blanket health
  7         insurance policies, and health maintenance
  8         contracts for diagnosis and treatment of
  9         infertility under certain circumstances;
10         providing requirements and criteria; providing
11         limitations; providing definitions; providing
12         an exception for certain religious
13         organizations; providing application; excluding
14         payments for donor eggs or certain medical
15         services; amending ss. 627.651, 627.6515, and
16         627.6699, F.S.; providing for application to
17         group contracts and plans of self-insurance,
18         out-of-state groups, and standard, basic, and
19         limited health benefit plans; providing an
20         effective date.
21
22  Be It Enacted by the Legislature of the State of Florida:
23
24         Section 1.  Section 627.64062, Florida Statutes, is
25  created to read:
26         627.64062  Coverage of diagnosis and treatment of
27  infertility.--
28         (1)  Any health insurance policy that provides coverage
29  for pregnancy-related benefits must also provide coverage for
30  the diagnosis and treatment of infertility, including all
31
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  1  nonexperimental assisted reproductive technology procedures
  2  and artificial insemination with partner or donor sperm.
  3         (2)  The coverage required under this section is
  4  subject to the following conditions:
  5         (a)  Coverage is subject to any deductible and
  6  coinsurance conditions and all other terms and conditions
  7  applicable to other benefits.
  8         (b)  Coverage for procedures for in vitro
  9  fertilization, gamete intrafallopian transfer, or zygote
10  intrafallopian transfer is required only if:
11         1.  The covered individual has been unable to carry a
12  pregnancy to live birth.
13         2.  The covered individual has been unable to carry a
14  pregnancy to live birth through less costly medically
15  appropriate infertility treatments for which coverage is
16  available under the policy, plan, or contract.
17         3.  The covered individual has not undergone 4 complete
18  oocyte retrievals.
19         4.  The procedures are performed at medical facilities
20  that conform to the standards of the American Society for
21  Reproductive Medicine, the Society for Assisted Reproductive
22  Technology, and the American College of Obstetricians and
23  Gynecologists.
24         5.  The laboratory or facility has received
25  accreditation from the Reproductive Laboratory Accreditation
26  Program of the College of American Pathologists or another
27  accreditation organization approved by the Society for
28  Assisted Reproductive Medicine.
29         (c)  Before a patient may undergo in vitro
30  fertilization, gamete intrafallopian transfer, or zygote
31  intrafallopian transfer, a supporting second opinion is
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  1  required by a certified reproductive endocrinologist who is
  2  actively experienced in assisted reproductive technologies but
  3  is not in the same group as the treating physician.
  4         (d)  The provider must include at least one certified
  5  reproductive endocrinologist or a physician with fellowship
  6  training and subspecialty board eligibility in reproductive
  7  endocrinology and infertility.
  8         (3)  As used in this section:
  9         (a)  "Pregnancy-related benefits" means benefits that
10  cover any related medical condition that may be associated
11  with pregnancy, including complications of pregnancy.
12         (b)  "Infertility" means a disease or condition
13  affecting the reproductive system which interferes with the
14  ability of a man or woman to achieve a pregnancy or of a woman
15  to carry a pregnancy to live birth.  The duration of the
16  failure to conceive should be 12 or more months before an
17  investigation is undertaken unless medical history and
18  physical findings dictate earlier evaluation and treatment.
19         (c)  "Nonexperimental procedure" means any clinical
20  treatment or procedure the safety and efficacy of which is
21  recognized as such by the American Society for Reproductive
22  Medicine or the American College of Obstetricians and
23  Gynecologists.
24         (4)  This section does not apply to any health
25  insurance policy that is purchased by an entity, group, or
26  order that is directly affiliated with a bona fide religious
27  denomination that includes as an integral part of its beliefs
28  and practices the tenet that drug therapy for infertility or
29  in vitro fertilization services are contrary to the moral
30  principles that the religious denomination considers to be an
31  essential part of its beliefs.
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  1         (5)  This section applies to benefits for the state
  2  group insurance program under s. 110.123.
  3         (6)  This section does not apply to payment for donor
  4  eggs or medical services rendered to a surrogate for purposes
  5  of child birth.
  6         Section 2.  Section 627.65742, Florida Statutes, is
  7  created to read:
  8         627.65742  Coverage of diagnosis and treatment of
  9  infertility.--
10         (1)  Any group, franchise, or blanket health insurance
11  policy that provides coverage for pregnancy-related benefits
12  must also provide coverage for the diagnosis and treatment of
13  infertility, including all nonexperimental assisted
14  reproductive technology procedures and artificial insemination
15  with partner or donor sperm.
16         (2)  The coverage required under this section is
17  subject to the following conditions:
18         (a)  Coverage may not be subject to copayments or
19  deductible requirements that are greater than those applied to
20  pregnancy-related benefits under the insured's policy, plan,
21  or contract.
22         (b)  Coverage for procedures for in vitro
23  fertilization, gamete intrafallopian transfer, or zygote
24  intrafallopian transfer is required only if:
25         1.  The covered individual has been unable to carry a
26  pregnancy to live birth.
27         2.  The covered individual has been unable to carry a
28  pregnancy to live birth through less costly medically
29  appropriate infertility treatments for which coverage is
30  available under the policy, plan, or contract.
31
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  1         3.  The covered individual has not undergone 4 complete
  2  oocyte retrievals.
  3         4.  The procedures are performed at medical facilities
  4  that conform to the standards of the American Society for
  5  Reproductive Medicine, the Society for Assisted Reproductive
  6  Technology, and the American College of Obstetricians and
  7  Gynecologists.
  8         5.  The laboratory or facility has received
  9  accreditation from the Reproductive Laboratory Accreditation
10  Program of the College of American Pathologists or another
11  accreditation organization approved by the Society for
12  Assisted Reproductive Medicine.
13         (c)  Before a patient may undergo in vitro
14  fertilization, gamete intrafallopian transfer, or zygote
15  intrafallopian transfer, a supporting second opinion is
16  required by a certified reproductive endocrinologist who is
17  actively experienced in assisted reproductive technologies but
18  is not in the same group as the treating physician.
19         (d)  The provider must include at least one certified
20  reproductive endocrinologist or a physician with fellowship
21  training and subspecialty board eligibility in reproductive
22  endocrinology and infertility.
23         (3)  As used in this section:
24         (a)  "Pregnancy-related benefits" means benefits that
25  cover any related medical condition that may be associated
26  with pregnancy, including complications of pregnancy.
27         (b)  "Infertility" means a disease or condition
28  affecting the reproductive system which interferes with the
29  ability of a man or woman to achieve a pregnancy or of a woman
30  to carry a pregnancy to live birth.  The duration of the
31  failure to conceive must span 12 or more months before an
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  1  investigation is undertaken, unless medical history and
  2  physical findings dictate earlier evaluation and treatment.
  3         (c)  "Nonexperimental procedure" means any clinical
  4  treatment or procedure the safety and efficacy of which is
  5  recognized as such by the American Society for Reproductive
  6  Medicine or the American College of Obstetricians and
  7  Gynecologists.
  8         (4)  This section does not apply to any group,
  9  franchise, or blanket health insurance policy that is
10  purchased by an entity, group, or order that is directly
11  affiliated with a bona fide religious denomination that
12  includes as an integral part of its beliefs and practices the
13  tenet that drug therapy for infertility or in vitro
14  fertilization services are contrary to the moral principles
15  that the religious denomination considers to be an essential
16  part of its beliefs.
17         (5)  This section does not apply to payment for donor
18  eggs or medical services rendered to a surrogate for purposes
19  of child birth.
20         Section 3.  Subsection (40) is added to section 641.31,
21  Florida Statutes, to read:
22         641.31  Health maintenance contracts.--
23         (40)(a)  Any health maintenance contract that provides
24  coverage for pregnancy-related benefits must also provide
25  coverage for the diagnosis and treatment of infertility,
26  including all nonexperimental assisted reproductive technology
27  procedures and artificial insemination with partner or donor
28  sperm.
29         (b)  The coverage required under this subsection is
30  subject to the following conditions:
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    Florida Senate - 2001                                   SB 464
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  1         1.  Coverage is subject to any deductible and
  2  coinsurance conditions and all other terms and conditions
  3  applicable to other benefits. 
  4         2.  Coverage for procedures for in vitro fertilization,
  5  gamete intrafallopian transfer, or zygote intrafallopian
  6  transfer is required only if:
  7         a.  The covered individual has been unable to carry a
  8  pregnancy to live birth.
  9         b.  The covered individual has been unable to carry a
10  pregnancy to live birth through less costly medically
11  appropriate infertility treatments for which coverage is
12  available under the policy, plan, or contract.
13         c.  The covered individual has not undergone 4 complete
14  oocyte retrievals.
15         d.  The procedures are performed at medical facilities
16  that conform to the standards of the American Society for
17  Reproductive Medicine, the Society for Assisted Reproductive
18  Technology, and the American College of Obstetricians and
19  Gynecologists.
20         e.  The laboratory or facility has received
21  accreditation from the Reproductive Laboratory Accreditation
22  Program of the College of American Pathologists or another
23  accreditation organization approved by the Society for
24  Assisted Reproductive Medicine.
25         3.  Before a patient may undergo in vitro
26  fertilization, gamete intrafallopian transfer, or zygote
27  intrafallopian transfer, a supportive second opinion is
28  required by a certified reproductive endocrinologist who is
29  actively experienced in assisted reproductive technologies but
30  is not in the same group as the treating physician.
31
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  1         4.  The provider must include at least one certified
  2  reproductive endocrinologist or a physician with fellowship
  3  training and subspecialty board eligibility in reproductive
  4  endocrinology and infertility.
  5         (c)  As used in this subsection:
  6         1.  "Pregnancy-related benefits" means benefits that
  7  cover any related medical condition that may be associated
  8  with pregnancy, including complications of pregnancy.
  9         2.  "Infertility" means a disease or condition
10  affecting the reproductive system which interferes with the
11  ability of a man or woman to achieve a pregnancy or of a woman
12  to carry a pregnancy to live birth.  The duration of the
13  failure to conceive must be 12 or more months before an
14  investigation is undertaken unless medical history and
15  physical findings dictate earlier evaluation and treatment.
16         3.  "Nonexperimental procedure" means any clinical
17  treatment or procedure whose safety and efficacy is recognized
18  as such by the American Society for Reproductive Medicine or
19  the American College of Obstetricians and Gynecologists.
20         (d)  This subsection does not apply to any health
21  maintenance contract that is purchased by an entity, group, or
22  order that is directly affiliated with a bona fide religious
23  denomination that includes as an integral part of its beliefs
24  and practices the tenet that drug therapy for infertility or
25  in vitro fertilization services are contrary to the moral
26  principles that the religious denomination considers to be an
27  essential part of its beliefs.
28         (e)  This subsection applies to benefits for the state
29  group insurance program under s. 110.123.
30
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  1         (f)  This subsection does not apply to payment for
  2  donor eggs or medical services rendered to a surrogate for
  3  purposes of child birth.
  4         Section 4.  Subsection (4) of section 627.651, Florida
  5  Statutes, is amended to read:
  6         627.651  Group contracts and plans of self-insurance
  7  must meet group requirements.--
  8         (4)  This section does not apply to any plan that which
  9  is established or maintained by an individual employer in
10  accordance with the Employee Retirement Income Security Act of
11  1974, Pub. L. No. 93-406, or to a multiple-employer welfare
12  arrangement as defined in s. 624.437(1), except that a
13  multiple-employer welfare arrangement shall comply with ss.
14  627.419, 627.657, 627.65742, 627.6575, 627.6578, 627.6579,
15  627.6612, 627.66121, 627.66122, 627.6615, 627.6616, and
16  627.662(6).  This subsection does not allow an authorized
17  insurer to issue a group health insurance policy or
18  certificate that which does not comply with this part.
19         Section 5.  Paragraph (c) of subsection (2) of section
20  627.6515, Florida Statutes, is amended to read:
21         627.6515  Out-of-state groups.--
22         (2)  This part does not apply to a group health
23  insurance policy issued or delivered outside this state under
24  which a resident of this state is provided coverage if:
25         (c)  The policy provides the benefits specified in ss.
26  627.419, 627.6574, 627.65742, 627.6575, 627.6579, 627.6612,
27  627.66121, 627.66122, 627.6613, 627.667, 627.6675, 627.6691,
28  and 627.66911.
29         Section 6.  Paragraph (b) of subsection (12) of section
30  627.6699, Florida Statutes, is amended to read:
31         627.6699  Employee Health Care Access Act.--
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  1         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT
  2  PLANS.--
  3         (b)1.  Each small employer carrier issuing new health
  4  benefit plans shall offer to any small employer, upon request,
  5  a standard health benefit plan and a basic health benefit plan
  6  that meet meets the criteria set forth in this section.
  7         2.  For purposes of this subsection, the terms
  8  "standard health benefit plan" and "basic health benefit plan"
  9  mean policies or contracts that a small employer carrier
10  offers to eligible small employers which that contain:
11         a.  An exclusion for services that are not medically
12  necessary or that are not covered preventive health services;
13  and
14         b.  A procedure for preauthorization by the small
15  employer carrier, or its designees.
16         3.  A small employer carrier may include the following
17  managed care provisions in the policy or contract to control
18  costs:
19         a.  A preferred provider arrangement or exclusive
20  provider organization or any combination thereof, in which a
21  small employer carrier enters into a written agreement with
22  the provider to provide services at specified levels of
23  reimbursement or to provide reimbursement to specified
24  providers. Any such written agreement between a provider and a
25  small employer carrier must contain a provision under which
26  the parties agree that the insured individual or covered
27  member has no obligation to make payment for any medical
28  service rendered by the provider which is determined not to be
29  medically necessary.  A carrier may use preferred provider
30  arrangements or exclusive provider arrangements to the same
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  1  extent as allowed in group products that are not issued to
  2  small employers.
  3         b.  A procedure for utilization review by the small
  4  employer carrier or its designees.
  5
  6  This subparagraph does not prohibit a small employer carrier
  7  from including in its policy or contract additional managed
  8  care and cost containment provisions, subject to the approval
  9  of the department, which have potential for controlling costs
10  in a manner that does not result in inequitable treatment of
11  insureds or subscribers.  The carrier may use such provisions
12  to the same extent as authorized for group products that are
13  not issued to small employers.
14         4.  The standard health benefit plan shall include:
15         a.  Coverage for inpatient hospitalization;
16         b.  Coverage for outpatient services;
17         c.  Coverage for newborn children pursuant to s.
18  627.6575;
19         d.  Coverage for child care supervision services
20  pursuant to s. 627.6579;
21         e.  Coverage for adopted children upon placement in the
22  residence pursuant to s. 627.6578;
23         f.  Coverage for mammograms pursuant to s. 627.6613;
24         g.  Coverage for handicapped children pursuant to s.
25  627.6615;
26         h.  Emergency or urgent care out of the geographic
27  service area; and
28         i.  Coverage for services provided by a hospice
29  licensed under s. 400.602 in cases where such coverage would
30  be the most appropriate and the most cost-effective method for
31  treating a covered illness.
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  1         5.  The standard health benefit plan and the basic
  2  health benefit plan may include a schedule of benefit
  3  limitations for specified services and procedures.  If the
  4  committee develops such a schedule of benefits limitation for
  5  the standard health benefit plan or the basic health benefit
  6  plan, a small employer carrier offering the plan must offer
  7  the employer an option for increasing the benefit schedule
  8  amounts by 4 percent annually.
  9         6.  The basic health benefit plan shall include all of
10  the benefits specified in subparagraph 4.; however, the basic
11  health benefit plan shall place additional restrictions on the
12  benefits and utilization and may also impose additional cost
13  containment measures.
14         7.  Sections 627.419(2), (3), and (4), 627.6574,
15  627.65742, 627.6612, 627.66121, 627.66122, 627.6616, 627.6618,
16  627.668, and 627.66911 apply to the standard health benefit
17  plan and to the basic health benefit plan. However,
18  notwithstanding said provisions, the plans may specify limits
19  on the number of authorized treatments, if such limits are
20  reasonable and do not discriminate against any type of
21  provider.
22         8.  Each small employer carrier that provides for
23  inpatient and outpatient services by allopathic hospitals may
24  provide as an option of the insured similar inpatient and
25  outpatient services by hospitals accredited by the American
26  Osteopathic Association when such services are available and
27  the osteopathic hospital agrees to provide the service.
28         Section 7.  This act shall take effect October 1, 2001.
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  2                       LEGISLATIVE SUMMARY
  3    Requires coverage by health insurance policies, group,
      franchise, and blanket health insurance policies, and
  4    health maintenance contracts for diagnosis and treatment
      of infertility.  Provides an exception for religious
  5    organizations.  Applies the requirement to group
      contracts and plans of self-insurance, out-of-state
  6    groups, and standard, basic, and limited health benefit
      plans. (See bill for details.)
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