Senate Bill sb0464

CODING: Words stricken are deletions; words underlined are additions.
    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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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:

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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.--

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  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.

29

30

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 464
    32-323-01




  1            *****************************************

  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.)
  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.