Senate Bill sb0318

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    Florida Senate - 2005                                   SB 318

    By Senator Margolis





    35-264A-05

  1                      A bill to be entitled

  2         An act relating to cystic fibrosis treatment;

  3         creating ss. 627.64194 and 627.6614, F.S.;

  4         requiring an individual health insurance policy

  5         or a group health insurance policy to cover

  6         services needed to treat cystic fibrosis as

  7         authorized by a physician; amending s. 641.31,

  8         F.S.; requiring a contract by a health

  9         maintenance organization to cover services

10         needed to treat cystic fibrosis as authorized

11         by a physician; amending s. 627.6515, F.S.,

12         relating to out-of-state groups; conforming a

13         cross-reference to changes made by the act;

14         providing an effective date.

15  

16         WHEREAS, cystic fibrosis is a genetic disease that

17  adversely affects the respiratory system and the digestive

18  system, and

19         WHEREAS, there are 1,006 children and adults in Florida

20  today suffering from cystic fibrosis, and

21         WHEREAS, only half of those suffering with cystic

22  fibrosis live to the age of 32, and

23         WHEREAS, the treatments for individuals with cystic

24  fibrosis include ingesting pancreatic enzymes or a wide

25  assortment of nutritional supplements, frequent postural

26  draining to clear the respiratory system, or using a feeding

27  tube to provide sustenance, and

28         WHEREAS, insurance companies oftentimes do not fully

29  cover the costs associated with treating cystic fibrosis, a

30  fatal disease, NOW, THEREFORE,

31  

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    Florida Senate - 2005                                   SB 318
    35-264A-05




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 627.64194, Florida Statutes, is

 4  created to read:

 5         627.64194  Cystic fibrosis treatment services.--A

 6  health insurance policy sold in this state must provide

 7  coverage for all medically appropriate and necessary

 8  equipment, supplies, supplements, and patient self-management

 9  training and educational services used to treat cystic

10  fibrosis if the patient's treating physician or a physician

11  who specializes in the treatment of cystic fibrosis certifies

12  that such services are necessary.

13         Section 2.  Section 627.6614, Florida Statutes, is

14  created to read:

15         627.6614  Cystic fibrosis treatment services.--A group

16  health insurance policy sold in this state must provide

17  coverage for all medically appropriate and necessary

18  equipment, supplies, supplements, and patient self-management

19  training and educational services used to treat cystic

20  fibrosis if the patient's treating physician or a physician

21  who specializes in the treatment of cystic fibrosis certifies

22  that such services are necessary.

23         Section 3.  Present subsections (36), (37), (38), (39),

24  and (40) of section 641.31, Florida Statutes, are redesignated

25  as subsections (37), (38), (39), (40), and (41), respectively,

26  and a new subsection (36) is added to that section to read:

27         641.31  Health maintenance contracts.--

28         (36)  A health maintenance contract sold in this state

29  must provide coverage for all medically appropriate and

30  necessary equipment, supplies, supplements, and patient

31  self-management training and educational services used to

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    Florida Senate - 2005                                   SB 318
    35-264A-05




 1  treat cystic fibrosis if the patient's treating physician or a

 2  physician who specializes in the treatment of cystic fibrosis

 3  certifies that such services are necessary.

 4         Section 4.  Subsection (2) of section 627.6515, Florida

 5  Statutes, is amended to read:

 6         627.6515  Out-of-state groups.--

 7         (2)  Except as otherwise provided in this part, this

 8  part does not apply to a group health insurance policy issued

 9  or delivered outside this state under which a resident of this

10  state is provided coverage if:

11         (a)  The policy is issued to an employee group the

12  composition of which is substantially as described in s.

13  627.653; a labor union group or association group the

14  composition of which is substantially as described in s.

15  627.654; an additional group the composition of which is

16  substantially as described in s. 627.656; a group insured

17  under a blanket health policy when the composition of the

18  group is substantially in compliance with s. 627.659; a group

19  insured under a franchise health policy when the composition

20  of the group is substantially in compliance with s. 627.663;

21  an association group to cover persons associated in any other

22  common group, which common group is formed primarily for

23  purposes other than providing insurance; a group that is

24  established primarily for the purpose of providing group

25  insurance, provided the benefits are reasonable in relation to

26  the premiums charged thereunder and the issuance of the group

27  policy has resulted, or will result, in economies of

28  administration; or a group of insurance agents of an insurer,

29  which insurer is the policyholder;

30         (b)  Certificates evidencing coverage under the policy

31  are issued to residents of this state and contain in

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    Florida Senate - 2005                                   SB 318
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 1  contrasting color and not less than 10-point type the

 2  following statement:  "The benefits of the policy providing

 3  your coverage are governed primarily by the law of a state

 4  other than Florida"; and

 5         (c)  The policy provides the benefits specified in ss.

 6  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,

 7  627.66122, 627.6613, 627.6614, 627.667, 627.6675, 627.6691,

 8  and 627.66911.

 9         (d)  Applications for certificates of coverage offered

10  to residents of this state must contain, in contrasting color

11  and not less than 12-point type, the following statement on

12  the same page as the applicant's signature:

13  

14         "This policy is primarily governed by the laws

15         of ...insert state where the master policy if

16         filed.... As a result, all of the rating laws

17         applicable to policies filed in this state do

18         not apply to this coverage, which may result in

19         increases in your premium at renewal that would

20         not be permissible under a Florida-approved

21         policy. Any purchase of individual health

22         insurance should be considered carefully, as

23         future medical conditions may make it

24         impossible to qualify for another individual

25         health policy. For information concerning

26         individual health coverage under a

27         Florida-approved policy, consult your agent or

28         the Florida Department of Financial Services."

29  

30  This paragraph applies only to group certificates providing

31  health insurance coverage which require individualized

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    Florida Senate - 2005                                   SB 318
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 1  underwriting to determine coverage eligibility for an

 2  individual or premium rates to be charged to an individual

 3  except for the following:

 4         1.  Policies issued to provide coverage to groups of

 5  persons all of whom are in the same or functionally related

 6  licensed professions, and providing coverage only to such

 7  licensed professionals, their employees, or their dependents;

 8         2.  Policies providing coverage to small employers as

 9  defined by s. 627.6699. Such policies shall be subject to, and

10  governed by, the provisions of s. 627.6699;

11         3.  Policies issued to a bona fide association, as

12  defined by s. 627.6571(5), provided that there is a person or

13  board acting as a fiduciary for the benefit of the members,

14  and such association is not owned, controlled by, or otherwise

15  associated with the insurance company; or

16         4.  Any accidental death, accidental death and

17  dismemberment, accident-only, vision-only, dental-only,

18  hospital indemnity-only, hospital accident-only, cancer,

19  specified disease, Medicare supplement, products that

20  supplement Medicare, long-term care, or disability income

21  insurance, or similar supplemental plans provided under a

22  separate policy, certificate, or contract of insurance, which

23  cannot duplicate coverage under an underlying health plan,

24  coinsurance, or deductibles or coverage issued as a supplement

25  to workers' compensation or similar insurance, or automobile

26  medical-payment insurance.

27         Section 5.  This act shall take effect October 1, 2005.

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    Florida Senate - 2005                                   SB 318
    35-264A-05




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 2                          SENATE SUMMARY

 3    Requires an individual health insurance policy, a group
      health insurance policy, or a contract by a health
 4    maintenance organization to cover services needed to
      treat cystic fibrosis as authorized by a physician.
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