| 1 | A bill to be entitled |
| 2 | An act relating to health insurance; creating s. |
| 3 | 627.64194, F.S.; requiring individual accident or |
| 4 | health insurance policies to provide certain coverage |
| 5 | for orthoses and prostheses and orthotics and |
| 6 | prosthetics; providing requirements and limitations; |
| 7 | specifying deductible and copayment requirements; |
| 8 | authorizing insurers to specify certain benefits |
| 9 | limitations; providing for nonapplication to certain |
| 10 | policy coverages; creating s. 627.66915, F.S.; |
| 11 | requiring group, blanket, or franchise accident or |
| 12 | health insurance policies to provide coverage for |
| 13 | orthoses and prostheses and orthotics and prosthetics; |
| 14 | providing requirements and limitations; specifying |
| 15 | deductible and copayment requirements; authorizing |
| 16 | insurers to specify certain benefits limitations; |
| 17 | providing for nonapplication to certain policy |
| 18 | coverages; amending s. 641.31, F.S.; requiring health |
| 19 | maintenance contracts to provide coverage for orthoses |
| 20 | and prostheses and orthotics and prosthetics; |
| 21 | providing requirements and limitations; specifying |
| 22 | deductible and copayment requirements; authorizing |
| 23 | health maintenance organizations to specify certain |
| 24 | benefits limitations; providing for nonapplication to |
| 25 | certain contract coverages; providing an effective |
| 26 | date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Section 627.64194, Florida Statutes, is created |
| 31 | to read: |
| 32 | 627.64194 Coverage for orthoses and prostheses and |
| 33 | orthotics and prosthetics.- |
| 34 | (1)(a) Each accident or health insurance policy issued, |
| 35 | amended, delivered, or renewed in this state on or after January |
| 36 | 1, 2013, that provides medical coverage that includes coverage |
| 37 | for physician services in a physician's office and each accident |
| 38 | or health insurance policy that provides major medical or |
| 39 | similar comprehensive type coverage must provide coverage for |
| 40 | benefits for orthoses and prostheses as defined in s. 468.80 and |
| 41 | orthotics and prosthetics as defined in s. 468.80 that equal |
| 42 | those benefits provided for under federal laws for health |
| 43 | insurance for the aged and disabled pursuant to 42 U.S.C. ss. |
| 44 | 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210, |
| 45 | 414.228, and 410.100 as applicable to this section. |
| 46 | (b)1. The coverage is subject to the deductible and |
| 47 | coinsurance provisions applicable to outpatient visits and is |
| 48 | also subject to all other terms and conditions applicable to |
| 49 | other benefits. |
| 50 | 2. Every insurer subject to the requirements of this |
| 51 | section shall make available to the policyholder as part of the |
| 52 | application, for an appropriate additional premium, the coverage |
| 53 | required in this section without such coverage being subject to |
| 54 | the deductible or coinsurance provisions of the policy. |
| 55 | (2) An accident or health insurance policy may require |
| 56 | prior authorization for orthoses and prostheses and orthotics |
| 57 | and prosthetics in the same manner that prior authorization is |
| 58 | required for any other covered benefit. |
| 59 | (3)(a) Covered benefits for orthoses or prostheses shall |
| 60 | be limited to the most appropriate model that adequately meets |
| 61 | the medical needs of the patient as determined by the insured's |
| 62 | treating physician. |
| 63 | (b) The repair and replacement of orthoses or prostheses |
| 64 | shall also be covered subject to copayments and deductibles, |
| 65 | unless necessitated by misuse or loss. |
| 66 | (4) An insurer may require, if coverage is provided |
| 67 | through a managed care plan, that benefits mandated pursuant to |
| 68 | this section be covered benefits only if the orthoses or |
| 69 | prostheses are provided by a vendor and orthotics or prosthetics |
| 70 | are rendered by an orthotist or prosthetist as defined in s. |
| 71 | 468.80. |
| 72 | (5) This section does not apply to insurance coverage |
| 73 | providing benefits for hospital confinement indemnity, |
| 74 | disability income, accident only, long-term care, Medicare |
| 75 | supplement, limited benefit health, specified disease indemnity, |
| 76 | sickness or bodily injury or death by accident or both, and |
| 77 | other limited benefit policies. |
| 78 | Section 2. Section 627.66915, Florida Statutes, is created |
| 79 | to read: |
| 80 | 627.66915 Coverage for orthoses and prostheses and |
| 81 | orthotics and prosthetics.- |
| 82 | (1)(a) Each group, blanket, or franchise accident or |
| 83 | health insurance policy issued, amended, delivered, or renewed |
| 84 | in this state on or after January 1, 2013, that provides medical |
| 85 | coverage that includes coverage for physician services in a |
| 86 | physician's office and each such policy that provides major |
| 87 | medical or similar comprehensive type coverage must provide |
| 88 | coverage for benefits for orthoses and prostheses as defined in |
| 89 | s. 468.80 and orthotics and prosthetics as defined in s. 468.80 |
| 90 | that equal those benefits provided for under federal laws for |
| 91 | health insurance for the aged and disabled pursuant to 42 U.S.C. |
| 92 | ss. 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210, |
| 93 | 414.228, and 410.100 as applicable to this section. |
| 94 | (b)1. The coverage is subject to the deductible and |
| 95 | coinsurance provisions applicable to outpatient visits and is |
| 96 | also subject to all other terms and conditions applicable to |
| 97 | other benefits. |
| 98 | 2. Every insurer subject to the requirements of this |
| 99 | section shall make available to the policyholder as part of the |
| 100 | application, for an appropriate additional premium, the coverage |
| 101 | required in this section without such coverage being subject to |
| 102 | the deductible or coinsurance provisions of the policy. |
| 103 | (2) A group, blanket, or franchise accident or health |
| 104 | insurance policy may require prior authorization for orthoses |
| 105 | and prostheses and orthotics and prosthetics in the same manner |
| 106 | that prior authorization is required for any other covered |
| 107 | benefit. |
| 108 | (3)(a) Covered benefits for orthoses or prostheses shall |
| 109 | be limited to the most appropriate model that adequately meets |
| 110 | the medical needs of the patient as determined by the insured's |
| 111 | treating physician. |
| 112 | (b) The repair and replacement of orthoses or prostheses |
| 113 | shall also be covered subject to copayments and deductibles, |
| 114 | unless necessitated by misuse or loss. |
| 115 | (4) An insurer may require, if coverage is provided |
| 116 | through a managed care plan, that benefits mandated pursuant to |
| 117 | this section be covered benefits only if the orthoses or |
| 118 | prostheses are provided by a vendor and orthotics or prosthetics |
| 119 | are rendered by an orthotist or prosthetist as defined in s. |
| 120 | 468.80. |
| 121 | (5) This section does not apply to insurance coverage |
| 122 | providing benefits for hospital confinement indemnity, |
| 123 | disability income, accident only, long-term care, Medicare |
| 124 | supplement, limited benefit health, specified disease indemnity, |
| 125 | sickness or bodily injury or death by accident or both, and |
| 126 | other limited benefit policies. |
| 127 | Section 3. Subsection (44) is added to section 641.31, |
| 128 | Florida Statutes, to read: |
| 129 | 641.31 Health maintenance contracts.- |
| 130 | (44)(a) Each health maintenance contract issued, amended, |
| 131 | delivered, or renewed in this state on or after January 1, 2013, |
| 132 | that provides medical coverage that includes coverage for |
| 133 | physician services in a physician's office and each contract, |
| 134 | plan, or policy that provides major medical or similar |
| 135 | comprehensive type coverage must provide coverage for benefits |
| 136 | for orthoses and prostheses as defined in s. 468.80 and |
| 137 | orthotics and prosthetics as defined in s. 468.80 that equal |
| 138 | those benefits provided for under federal laws for health |
| 139 | insurance for the aged and disabled pursuant to 42 U.S.C. ss. |
| 140 | 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210, |
| 141 | 414.228, and 410.100 as applicable to this subsection. |
| 142 | (b)1. The coverage is subject to the deductible and |
| 143 | coinsurance provisions applicable to outpatient visits and is |
| 144 | also subject to all other terms and conditions applicable to |
| 145 | other benefits. |
| 146 | 2. Every health maintenance organization subject to the |
| 147 | requirements of this subsection shall make available to the |
| 148 | subscriber as part of the application, for an appropriate |
| 149 | additional premium, the coverage required in this subsection |
| 150 | without such coverage being subject to the deductible or |
| 151 | coinsurance provisions of the contract. |
| 152 | (c) A health maintenance contract may require prior |
| 153 | authorization for orthoses and prostheses and orthotics and |
| 154 | prosthetics in the same manner that prior authorization is |
| 155 | required for any other covered benefit. |
| 156 | (d)1. Covered benefits for orthoses or prostheses shall be |
| 157 | limited to the most appropriate model that adequately meets the |
| 158 | medical needs of the patient as determined by the insured's |
| 159 | treating physician. |
| 160 | 2. The repair and replacement of orthoses or prostheses |
| 161 | shall also be covered subject to copayments and deductibles, |
| 162 | unless necessitated by misuse or loss. |
| 163 | (e) A health maintenance contract may require that |
| 164 | benefits mandated pursuant to this subsection be covered |
| 165 | benefits only if the orthoses or prostheses are provided by a |
| 166 | vendor and orthotics or prosthetics are rendered by a orthotist |
| 167 | or prosthetist as defined in s. 468.80. |
| 168 | (f) This subsection does not apply to insurance coverage |
| 169 | providing benefits for hospital confinement indemnity, |
| 170 | disability income, accident only, long-term care, Medicare |
| 171 | supplement, limited benefit health, specified disease indemnity, |
| 172 | sickness or bodily injury or death by accident or both, and |
| 173 | other limited benefit policies. |
| 174 | Section 4. This act shall take effect July 1, 2012. |