| 1 | A bill to be entitled |
| 2 | An act relating to cancer chemotherapy treatment |
| 3 | parity; creating ss. 627.42391 and 641.313, F.S.; |
| 4 | requiring individual or group insurance policies and |
| 5 | health maintenance contracts providing coverage for |
| 6 | cancer chemotherapy treatment to provide at least |
| 7 | equally favorable coverage for prescribed, orally |
| 8 | administered anticancer medications; specifying that |
| 9 | compliance with such requirement may not be achieved |
| 10 | by increasing policy or contract copayments, |
| 11 | deductibles, or coinsurance amounts applicable to |
| 12 | intravenously administered or injected anticancer |
| 13 | medications; providing construction; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 627.42391, Florida Statutes, is created |
| 19 | to read: |
| 20 | 627.42391 Cancer chemotherapy treatment parity; orally |
| 21 | administered anticancer medication.- |
| 22 | (1) An individual or group insurance policy that provides |
| 23 | coverage for cancer chemotherapy treatment must provide coverage |
| 24 | for a prescribed, orally administered anticancer medication on a |
| 25 | basis no less favorable than that on which it provides coverage |
| 26 | for intravenously administered or injected anticancer |
| 27 | medications. |
| 28 | (2) An individual or group insurance policy may not |
| 29 | achieve compliance with subsection (1) by imposing an increase |
| 30 | in the copayment, deductible, or coinsurance amount for |
| 31 | intravenously administered or injected anticancer medications |
| 32 | covered under the policy on the effective date of this act. |
| 33 | (3) This section may not be construed to: |
| 34 | (a) Prohibit an insurer from requiring prior authorization |
| 35 | or imposing other appropriate utilization controls relating to |
| 36 | the approval of coverage for the use of cancer chemotherapy |
| 37 | treatment. |
| 38 | (b) Require coverage in an individual or group insurance |
| 39 | policy for cancer chemotherapy treatment. |
| 40 | Section 2. Section 641.313, Florida Statutes, is created |
| 41 | to read: |
| 42 | 641.313 Cancer chemotherapy treatment parity; orally |
| 43 | administered anticancer medication.- |
| 44 | (1) A health maintenance contract that provides coverage |
| 45 | for cancer chemotherapy treatment must provide coverage for a |
| 46 | prescribed, orally administered anticancer medication on a basis |
| 47 | no less favorable than that on which it provides coverage for |
| 48 | intravenously administered or injected anticancer medications. |
| 49 | (2) A health maintenance contract may not achieve |
| 50 | compliance with subsection (1) by imposing an increase in the |
| 51 | copayment, deductible, or coinsurance amount for intravenously |
| 52 | administered or injected anticancer medications covered under |
| 53 | the contract on the effective date of this act. |
| 54 | (3) This section may not be construed to: |
| 55 | (a) Prohibit a health maintenance organization from |
| 56 | requiring prior authorization or imposing other appropriate |
| 57 | utilization controls relating to the approval of coverage for |
| 58 | the use of cancer chemotherapy treatment. |
| 59 | (b) Require coverage in a health maintenance contract for |
| 60 | cancer chemotherapy treatment. |
| 61 | Section 3. This act shall take effect July 1, 2012. |