Senate Bill sb1834c1

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    Florida Senate - 2007                           CS for SB 1834

    By the Committee on Banking and Insurance; and Senator Jones





    597-2595-07

  1                      A bill to be entitled

  2         An act relating to optional coverage for

  3         health-related disorders; amending s.

  4         627.42395, F.S.; including certain

  5         amino-acid-based formulas within requirements

  6         concerning optional coverage for formulas;

  7         amending s. 627.668, F.S.; revising

  8         requirements for optional coverage for mental

  9         and nervous disorders; revising certain

10         benefits limitations; providing an options

11         application requirement; providing effective

12         dates.

13  

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

15  

16         Section 1.  Section 627.42395, Florida Statutes, is

17  amended to read:

18         627.42395  Coverage for certain prescription and

19  nonprescription enteral or amino acid formulas.--

20         (1)  Notwithstanding any other provision of law, any

21  health insurance policy delivered or issued for delivery, to

22  any person in this state or any group, blanket, or franchise

23  health insurance policy delivered or issued for delivery in

24  this state shall make available to the policyholder as part of

25  the application, for an appropriate additional premium,

26  coverage for:

27         (a)  Prescription and nonprescription enteral formulas

28  for home use which are physician prescribed as medically

29  necessary for the treatment of inherited diseases of amino

30  acid, organic acid, carbohydrate, or fat metabolism as well as

31  malabsorption originating from congenital defects present at

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    Florida Senate - 2007                           CS for SB 1834
    597-2595-07




 1  birth or acquired during the neonatal period. Such coverage

 2  for inherited diseases of amino acids and organic acids shall

 3  include food products modified to be low protein, in an amount

 4  not to exceed $2,500 annually for any insured individual,

 5  through the age of 24.

 6         (b)  Amino-acid-based elemental formulas, regardless of

 7  the method of intake, for the medically necessary treatment of

 8  medically diagnosed conditions such as severe multiple

 9  allergies, gastroesophageal reflux, and eosinophilic disorders

10  when ordered by a licensed physician.

11         (2)  This section applies to any person or family

12  notwithstanding the existence of any preexisting condition.

13         Section 2.  Section 627.668, Florida Statutes, is

14  amended to read:

15         627.668  Optional coverage for mental and nervous

16  disorders required; exception.--

17         (1)  Every insurer, health maintenance organization,

18  and nonprofit hospital and medical service plan corporation

19  transacting group health insurance or providing prepaid health

20  care in this state shall make available to the policyholder as

21  part of the application, for an appropriate additional premium

22  under a group hospital and medical expense-incurred insurance

23  policy, under a group prepaid health care contract, and under

24  a group hospital and medical service plan contract, the

25  benefits or level of benefits specified in subsection (2) for

26  medically necessary treatment and care for all diagnostic

27  categories of mental health conditions listed in the most

28  recent edition of the Diagnostic and Statistical Manual of

29  Mental Disorders, published by the American Psychiatric

30  Association, and as listed in the mental and behavioral

31  disorders section of the current International Classification

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    Florida Senate - 2007                           CS for SB 1834
    597-2595-07




 1  of Diseases, which shall include, but not be limited to,

 2  schizophrenia, schizophrenia-form disorders, schizo-affective

 3  disorders, paranoid and other psychotic disorders, bipolar

 4  disorders, panic disorders, obsessive-compulsive disorders,

 5  major depressive disorders, anxiety disorders, mood disorders,

 6  pervasive development disorders or autism, depression in

 7  childhood and adolescence, personality disorders, paraphilias,

 8  attention deficit and disruptive behavior disorders, tic

 9  disorders, eating disorders including bulimia and anorexia,

10  Asperger's disorder, intermittent explosive disorder,

11  posttraumatic stress disorder, psychosis not otherwise

12  specified (NOS) when diagnosed in a child under 17 years of

13  age, Rett's disorder, Tourette's disorder, delirium, and

14  dementia the necessary care and treatment of mental and

15  nervous disorders, as defined in the standard nomenclature of

16  the American Psychiatric Association, subject to the right of

17  the applicant for a group policy or contract to select any

18  alternative benefits or level of benefits as may be offered by

19  the insurer, health maintenance organization, or service plan

20  corporation provided that, if alternate inpatient, outpatient,

21  or partial hospitalization benefits are selected, such

22  benefits shall not be less than the level of benefits required

23  under subsection paragraph (2)(a), paragraph (2)(b), or

24  paragraph (2)(c), respectively.

25         (2)  Under group policies or contracts, inpatient

26  hospital benefits, partial hospitalization benefits, and

27  outpatient benefits consisting of durational limits, dollar

28  amounts, deductibles, and coinsurance factors may not be more

29  restrictive than the treatment limitations and cost-sharing

30  requirements under the plan which are applicable to other

31  

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    Florida Senate - 2007                           CS for SB 1834
    597-2595-07




 1  disease, illnesses, and medical conditions. shall not be less

 2  favorable than for physical illness generally, except that:

 3         (a)  Inpatient benefits may be limited to not less than

 4  30 days per benefit year as defined in the policy or contract.

 5  If inpatient hospital benefits are provided beyond 30 days per

 6  benefit year, the durational limits, dollar amounts, and

 7  coinsurance factors thereto need not be the same as applicable

 8  to physical illness generally.

 9         (b)  Outpatient benefits may be limited to $1,000 for

10  consultations with a licensed physician, a psychologist

11  licensed pursuant to chapter 490, a mental health counselor

12  licensed pursuant to chapter 491, a marriage and family

13  therapist licensed pursuant to chapter 491, and a clinical

14  social worker licensed pursuant to chapter 491. If benefits

15  are provided beyond the $1,000 per benefit year, the

16  durational limits, dollar amounts, and coinsurance factors

17  thereof need not be the same as applicable to physical illness

18  generally.

19         (c)  Partial hospitalization benefits shall be provided

20  under the direction of a licensed physician. For purposes of

21  this part, the term "partial hospitalization services" is

22  defined as those services offered by a program accredited by

23  the Joint Commission on Accreditation of Hospitals (JCAH) or

24  in compliance with equivalent standards. Alcohol

25  rehabilitation programs accredited by the Joint Commission on

26  Accreditation of Hospitals or approved by the state and

27  licensed drug abuse rehabilitation programs shall also be

28  qualified providers under this section. In any benefit year,

29  if partial hospitalization services or a combination of

30  inpatient and partial hospitalization are utilized, the total

31  benefits paid for all such services shall not exceed the cost

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    Florida Senate - 2007                           CS for SB 1834
    597-2595-07




 1  of 30 days of inpatient hospitalization for psychiatric

 2  services, including physician fees, which prevail in the

 3  community in which the partial hospitalization services are

 4  rendered. If partial hospitalization services benefits are

 5  provided beyond the limits set forth in this paragraph, the

 6  durational limits, dollar amounts, and coinsurance factors

 7  thereof need not be the same as those applicable to physical

 8  illness generally.

 9         (3)  In the case of a group health plan that offers a

10  participant or beneficiary two or more benefit package options

11  under the plan, the requirements of this section shall be

12  applied separately with respect to each such option.

13         (4)(3)  Insurers must maintain strict confidentiality

14  regarding psychiatric and psychotherapeutic records submitted

15  to an insurer for the purpose of reviewing a claim for

16  benefits payable under this section. These records submitted

17  to an insurer are subject to the limitations of s. 456.057,

18  relating to the furnishing of patient records.

19         Section 3.  This act shall take effect January 1, 2008,

20  and applies to policies and contracts issued or renewed on or

21  after that date.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 1834

25                                 

26  The committee substitute provides the following changes:

27  1.   Requires coverage for medically necessary care and
         treatment of mental disorders.
28  
    2.   Revises health insurance coverage for enteral formulas.
29  
    3.   Changes the effective date of the bill to January 1,
30       2008, and provides application to policies and contracts
         issued or renewed on or after that date.
31  

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