Florida Senate - 2008 (Reformatted) SB 448

By Senator Joyner

18-00028-08 2008448__

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A bill to be entitled

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An act relating to breast cancer treatment; providing a

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short title; amending ss. 627.64171, 627.66121, and

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641.31, F.S.; including lymph node dissections under

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provisions prescribing the length of hospital stay

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relating to a mastectomy and the outpatient postsurgical

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followup care that specified health insurers and health

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maintenance organizations must cover; limiting

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application; providing an effective date.

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

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     Section 1. This act may be cited as the "Mary B. Hooks

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Act."

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     Section 2.  Subsections (1) and (2) and paragraph (a) of

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subsection (4) of section 627.64171, Florida Statutes, are

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amended to read:

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     627.64171  Coverage for length of stay and outpatient

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postsurgical care.--

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     (1)  Any health insurance policy that is issued, amended,

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delivered, or renewed in this state which provides coverage for

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breast cancer treatment may not limit inpatient hospital coverage

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for lymph node dissections or mastectomies to any period that is

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less than that determined by the treating physician to be

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medically necessary in accordance with prevailing medical

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standards and after consultation with the insured patient.

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     (2)  Any health insurance policy that provides coverage for

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lymph node dissections or mastectomies under subsection (1) must

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also provide coverage for outpatient postsurgical followup care

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in keeping with prevailing medical standards by a licensed health

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care professional qualified to provide postsurgical lymph node

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dissection or mastectomy care. The treating physician, after

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consultation with the insured patient, may choose that the

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outpatient care be provided at the most medically appropriate

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setting, which may include the hospital, treating physician's

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office, outpatient center, or home of the insured patient.

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     (4)(a)  This section does not require an insured patient to

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have a lymph node dissection or the mastectomy in the hospital or

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stay in the hospital for a fixed period of time following the

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lymph node dissection or mastectomy.

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     Section 3.  Subsections (1) and (2) and paragraph (a) of

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subsection (4) of section 627.66121, Florida Statutes, are

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amended to read:

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     627.66121  Coverage for length of stay and outpatient

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postsurgical care.--

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     (1)  Any group, blanket, or franchise accident or health

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insurance policy that is issued, amended, delivered, or renewed

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in this state which provides coverage for breast cancer treatment

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may not limit inpatient hospital coverage for lymph node

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dissections or mastectomies to any period that is less than that

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determined by the treating physician to be medically necessary in

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accordance with prevailing medical standards and after

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consultation with the insured patient.

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     (2)  Any group, blanket, or franchise accident or health

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insurance policy that provides coverage for lymph node

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dissections or mastectomies under subsection (1) must also

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provide coverage for outpatient postsurgical followup care in

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keeping with prevailing medical standards by a licensed health

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care professional qualified to provide postsurgical lymph node

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dissection or mastectomy care. The treating physician, after

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consultation with the insured patient, may choose that the

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outpatient care be provided at the most medically appropriate

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setting, which may include the hospital, treating physician's

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office, outpatient center, or home of the insured patient.

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     (4)(a)  This section does not require an insured patient to

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have a lymph node dissection or the mastectomy in the hospital or

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stay in the hospital for a fixed period of time following the

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lymph node dissection or mastectomy.

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     Section 4.  Paragraphs (a) and (c) of subsection (31) of

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section 641.31, Florida Statutes, are amended to read:

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     641.31  Health maintenance contracts.--

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     (31)(a)  Health maintenance contracts that provide coverage,

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benefits, or services for breast cancer treatment may not limit

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inpatient hospital coverage for lymph node dissections or

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mastectomies to any period that is less than that determined by

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the treating physician under contract with the health maintenance

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organization to be medically necessary in accordance with

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prevailing medical standards and after consultation with the

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covered patient. Such contract must also provide coverage for

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outpatient postsurgical followup care in keeping with prevailing

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medical standards by a licensed health care professional under

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contract with the health maintenance organization qualified to

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provide postsurgical lymph node dissection or mastectomy care.

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The treating physician under contract with the health maintenance

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organization, after consultation with the covered patient, may

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choose that the outpatient care be provided at the most medically

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appropriate setting, which may include the hospital, treating

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physician's office, outpatient center, or home of the covered

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patient.

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     (c)1.  This subsection does not require a covered patient to

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have a lymph node dissection or the mastectomy in the hospital or

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stay in the hospital for a fixed period of time following the

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lymph node dissection or mastectomy.

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     2.  This subsection does not prevent a contract from

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imposing deductibles, coinsurance, or other cost sharing in

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relation to benefits pursuant to this subsection, except that

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such cost sharing shall not exceed cost sharing with other

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benefits.

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     Section 5.  This act shall take effect July 1, 2008.

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