Florida Senate - 2013                                    SB 1010
       
       
       
       By Senator Ring
       
       
       
       
       29-01292A-13                                          20131010__
    1                        A bill to be entitled                      
    2         An act relating to health insurance coverage for
    3         prescription drugs; amending ss. 627.6487, 627.6699,
    4         and 641.31, F.S.; prohibiting higher copayments,
    5         deductibles, coinsurance, or similar charges for
    6         nonpreferred prescription drugs as compared to
    7         preferred prescription drugs; requiring the Agency for
    8         Health Care Administration, with the assistance of the
    9         Office of Insurance Regulation, to conduct a study and
   10         submit a report to the Governor and Legislature by a
   11         certain date; providing effective dates.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Effective January 1, 2014, subsection (1) of
   16  section 627.6487, Florida Statutes, is amended to read:
   17         627.6487 Guaranteed availability of individual health
   18  insurance coverage to eligible individuals.—
   19         (1) Subject to the requirements of this section, each
   20  health insurance issuer that offers individual health insurance
   21  coverage in this state may not, with respect to an eligible
   22  individual who desires to enroll in individual health insurance
   23  coverage:
   24         (a) Decline to offer such coverage to, or deny enrollment
   25  of, such individual; or
   26         (b) Impose any preexisting condition exclusion with respect
   27  to such coverage. For purposes of this section, the term
   28  “preexisting condition” means, with respect to coverage, a
   29  limitation of benefits relating to a condition based on the fact
   30  that the condition was present before the date of enrollment for
   31  such coverage, whether or not any medical advice, diagnosis,
   32  care, or treatment was recommended or received before such date;
   33  or
   34         (c) Notwithstanding s. 624.215, impose copayments,
   35  deductibles, coinsurance, or similar charges on any nonpreferred
   36  prescription drug which exceed the dollar amount of cost
   37  sharing, deductibles, coinsurance, or similar charges for
   38  preferred prescription drugs. This paragraph expires July 1,
   39  2015.
   40         Section 2. Effective January 1, 2014, paragraph (f) is
   41  added to subsection (12) of section 627.6699, Florida Statutes,
   42  to read:
   43         627.6699 Employee Health Care Access Act.—
   44         (12) STANDARD, BASIC, HIGH DEDUCTIBLE, AND LIMITED HEALTH
   45  BENEFIT PLANS.—
   46         (f) Notwithstanding s. 624.215, a standard health benefit
   47  plan or basic health benefit plan under this section may not
   48  impose copayments, deductibles, coinsurance, or similar charges
   49  on any nonpreferred prescription drug which exceed the dollar
   50  amount of copayments, deductibles, coinsurance, or similar
   51  charges for preferred prescription drugs. This paragraph expires
   52  December 31, 2015.
   53         Section 3. Effective January 1, 2014, subsection (44) is
   54  added to section 641.31, Florida Statutes, to read:
   55         641.31 Health maintenance contracts.—
   56         (44) Notwithstanding s. 624.215, a health maintenance
   57  contract may not impose copayments, deductibles, coinsurance, or
   58  similar charges on any nonpreferred prescription drug which
   59  exceed the dollar amount of copayments, deductibles, or
   60  coinsurance, or percentage obligations for preferred
   61  prescription drugs. This subsection expires December 31, 2014.
   62         Section 4. Notwithstanding s. 624.215, Florida Statutes,
   63  the Agency for Health Care Administration, with the assistance
   64  of the Office of Insurance Regulation, shall conduct a study of
   65  the effect of prohibiting higher copayments, deductibles,
   66  coinsurance, or similar charges for nonpreferred prescription
   67  drugs as compared to preferred prescription drugs as mandated by
   68  the amendments to ss. 627.6487, 627.6699, and 641.31, Florida
   69  Statutes, on health care access and patient care, as well as the
   70  fiscal impact to insurers and managed care organizations and
   71  policyholders and subscribers. The agency and office shall
   72  submit their report to the Governor, the President of the
   73  Senate, and the Speaker of the House of Representatives by March
   74  1, 2015. This section expires July 1, 2015.
   75         Section 5. Except as otherwise expressly provided in this
   76  act, this act shall take effect July 1, 2013.