Florida Senate - 2020                                    SB 1836
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01734-20                                            20201836__
    1                        A bill to be entitled                      
    2         An act relating to health insurance and prescription
    3         drug coverage; amending s. 110.123, F.S.; requiring
    4         the state group insurance program to allow enrollees
    5         to obtain health care services and prescription drugs
    6         from out-of-network providers and pharmacies if
    7         certain conditions are met; providing for the payment
    8         to be applied towards the enrollee’s deductible and
    9         out-of-pocket maximum; providing notice requirements;
   10         amending s. 110.12303, F.S.; revising provider
   11         organizations included in benefit packages for the
   12         state group insurance program; revising requirements
   13         for the contracts between the Department of Management
   14         Services and health insurers; requiring the department
   15         to offer specified reimbursement as a voluntary
   16         supplemental benefit option in the state group
   17         insurance program; amending s. 110.12315, F.S.;
   18         requiring the state employees’ prescription drug
   19         program to allow members and members’ dependents to
   20         obtain prescription drugs from out-of-network
   21         pharmacies if certain conditions are met; providing
   22         for the payment to be applied towards the deductible
   23         and out-of-pocket maximum; providing notice
   24         requirements; amending s. 110.1238, F.S.; requiring
   25         state group health insurance plans to allow
   26         participants to obtain health care services and
   27         prescription drugs from out-of-network providers and
   28         pharmacies if certain conditions are met; providing
   29         for the payment to be applied towards the deductible
   30         and out-of-pocket maximum; providing notice
   31         requirements; creating s. 465.203, F.S.; defining the
   32         term “covered individual”; prohibiting pharmacy
   33         benefit managers from engaging in specified acts under
   34         certain circumstances; creating s. 627.4435, F.S.;
   35         defining the term “health insurer”; requiring health
   36         insurers to apply certain payments toward deductibles
   37         and out-of-pocket maximums within a specified
   38         timeframe under certain circumstances; prohibiting
   39         health insurers from engaging in specified acts under
   40         certain circumstances; providing construction;
   41         providing publication and notification requirements;
   42         amending ss. 627.6387, 627.6648, and 641.31076, F.S.;
   43         revising definitions; requiring, rather than
   44         authorizing, health insurers and health maintenance
   45         organizations to offer shared savings incentive
   46         programs; revising duties of health insurers and
   47         health maintenance organizations with respect to
   48         shared savings incentive programs; providing an
   49         effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsection (14) is added to section 110.123,
   54  Florida Statutes, to read:
   55         110.123 State group insurance program.—
   56         (14)OUT-OF-NETWORK PROVIDERS.—
   57         (a)The state group insurance program shall allow its
   58  enrollees to obtain a covered health care service from an out
   59  of-network provider at a cost that is the same or less than the
   60  in-network average that an enrollee’s insurance plan pays for
   61  that health care service. The state group insurance program
   62  shall apply, within a reasonable timeframe not to exceed 1 year,
   63  the payment made by, or required of, an enrollee for that health
   64  care service toward the enrollee’s deductible and out-of-pocket
   65  maximum as specified in the enrollee’s insurance plan as if the
   66  health care service had been provided by an in-network provider.
   67         (b)If an enrollee uses a pharmacy discount program, drug
   68  manufacturer rebate, or other discount or rebate program,
   69  including purchasing a prescription drug from a licensed
   70  prescribing provider such as a direct primary care provider, and
   71  such use results in a lower cost than would have been paid for a
   72  covered prescription drug had the enrollee used the enrollee’s
   73  insurance plan to purchase the prescription drug, the state
   74  group insurance program shall apply, within a reasonable
   75  timeframe not to exceed 1 year, the payment made by the enrollee
   76  for that covered prescription drug toward the enrollee’s
   77  deductible and out-of-pocket maximum as specified in the
   78  enrollee’s insurance plan as if the prescription drug had been
   79  purchased from an in-network pharmacy.
   80         (c)At a minimum, the state group insurance program shall
   81  inform enrollees on its website and in its benefit plan
   82  materials of the options of obtaining covered health care
   83  services from out-of-network providers and prescription drugs
   84  from out-of-network pharmacies under paragraphs (a) and (b),
   85  respectively, with the enrollees’ payments applied to
   86  deductibles and out-of-pocket maximums. On its website and in
   87  its benefit plan materials, the state group insurance program
   88  shall also provide information on how to use the options under
   89  paragraphs (a) and (b) if an enrollee is interested in doing so.
   90         Section 2. Present paragraph (e) of subsection (3) and
   91  present subsection (4) of section 110.12303, Florida Statutes,
   92  are redesignated as subsections (4) and (5), respectively, a new
   93  paragraph (e) is added to subsection (3) of that section, and
   94  paragraph (e) of subsection (1), paragraph (a) of subsection
   95  (2), paragraph (d) of subsection (3), and present subsection (4)
   96  of that section are amended, to read:
   97         110.12303 State group insurance program; additional
   98  benefits; price transparency program; reporting.—
   99         (1) In addition to the comprehensive package of health
  100  insurance and other benefits required or authorized to be
  101  included in the state group insurance program, the package of
  102  benefits may also include products and services offered by:
  103         (e) Provider organizations, including service networks,
  104  group practices, professional associations, and other
  105  incorporated organizations of providers, who sell service
  106  contracts and arrangements for a specified amount and type of
  107  health services, including direct primary or other medical care
  108  provided on a subscription basis.
  109         (2)(a) The department shall contract with at least one
  110  entity that provides comprehensive pricing and inclusive
  111  services for surgery and other medical procedures which may be
  112  accessed at the option of the enrollee. The contract shall
  113  require the entity to:
  114         1. Have procedures and evidence-based standards to ensure
  115  the inclusion of only high-quality health care providers.
  116         2. Provide assistance to the enrollee in accessing and
  117  coordinating care.
  118         3. Provide cost savings to the state group insurance
  119  program to be shared with both the state and the enrollee. Cost
  120  savings payable to an enrollee may be:
  121         a. Credited to the enrollee’s flexible spending account;
  122         b. Credited to the enrollee’s health savings account;
  123         c. Credited to the enrollee’s health reimbursement account;
  124  or
  125         d. Credited to the enrollee as a premium or out-of-pocket
  126  cost reduction; or
  127         e. Paid directly to the enrollee as cash or a cash
  128  equivalent additional health plan reimbursements not exceeding
  129  the amount of the enrollee’s out-of-pocket medical expenses.
  130         4. Provide an educational campaign for enrollees to learn
  131  about the services offered by the entity.
  132         (3) The department shall contract with an entity that
  133  provides enrollees with online information on the cost and
  134  quality of health care services and providers, allows an
  135  enrollee to shop for health care services and providers, and
  136  rewards the enrollee by sharing savings generated by the
  137  enrollee’s choice of services or providers. The contract shall
  138  require the entity to:
  139         (d) Identify the savings realized to the enrollee and state
  140  if the enrollee chooses high-quality, lower-cost health care
  141  services or providers, and facilitate a shared savings payment
  142  to the enrollee. The amount of shared savings shall be
  143  determined by a methodology approved by the department and shall
  144  maximize value-based purchasing by enrollees. The amount payable
  145  to the enrollee may be:
  146         1. Credited to the enrollee’s flexible spending account;
  147         2. Credited to the enrollee’s health savings account;
  148         3. Credited to the enrollee’s health reimbursement account;
  149  or
  150         4. Credited to the enrollee as a premium or out-of-pocket
  151  cost reduction; or
  152         5. Paid directly to the enrollee as cash or a cash
  153  equivalent additional health plan reimbursements not exceeding
  154  the amount of the enrollee’s out-of-pocket medical expenses.
  155         (e)Include infusion therapy in the shared savings
  156  incentive program.
  157         (5)(4) The department shall offer, as a voluntary
  158  supplemental benefit option:,
  159         (a) International prescription services that offer safe
  160  maintenance medications at a reduced cost to enrollees and that
  161  meet the standards of the United States Food and Drug
  162  Administration personal importation policy.
  163         (b)At a minimum, reimbursement of direct primary care
  164  subscription fees.
  165         Section 3. Subsection (11) is added to section 110.12315,
  166  Florida Statutes, to read:
  167         110.12315 Prescription drug program.—The state employees’
  168  prescription drug program is established. This program shall be
  169  administered by the Department of Management Services, according
  170  to the terms and conditions of the plan as established by the
  171  relevant provisions of the annual General Appropriations Act and
  172  implementing legislation, subject to the following conditions:
  173         (11)(a)If a member or a member’s dependent uses a pharmacy
  174  discount program, drug manufacturer rebate, or other discount or
  175  rebate program, including purchasing a prescription drug from a
  176  licensed prescribing provider such as a direct primary care
  177  provider, and such use results in a lower cost than would have
  178  been paid for a covered prescription drug had the member or
  179  member’s dependent used the state group health insurance plan or
  180  a pharmacy participating in the state employees’ prescription
  181  drug program to purchase the prescription drug, the department
  182  must apply the payments made by the member or member’s dependent
  183  for that covered prescription drug toward the member’s
  184  deductible and out-of-pocket maximum as specified in the state
  185  group health insurance plan or state employees’ prescription
  186  drug program as if the prescription drug had been purchased from
  187  a pharmacy participating in the state employees’ prescription
  188  drug program.
  189         (b)At a minimum, the department, on its website and in its
  190  materials, shall inform the program’s members on the program
  191  benefits of the option of obtaining prescription drugs from
  192  nonparticipating pharmacies under paragraph (a) and shall
  193  provide information on how to use such option to a member or a
  194  member’s dependent.
  195         Section 4. Section 110.1238, Florida Statutes, is amended
  196  to read:
  197         110.1238 State group health insurance plans; refunds with
  198  respect to overcharges by providers; out-of-network providers.—
  199         (1) A participant in a state group health insurance plan
  200  who discovers that he or she was overcharged by a health care
  201  provider shall receive a refund of 50 percent of any amount
  202  recovered as a result of such overcharge, up to a maximum of
  203  $1,000.
  204         (2)A state group health insurance plan shall allow its
  205  participants to obtain a covered health care service from an
  206  out-of-network provider at a cost that is the same or less than
  207  the in-network average that the state group health insurance
  208  plan pays for that health care service. The state group health
  209  insurance plan shall apply, within a reasonable timeframe not to
  210  exceed 1 year, the payment made by, or required of, a
  211  participant for that health care service toward the
  212  participant’s deductible and out-of-pocket maximum as specified
  213  in the state group health insurance plan as if the health care
  214  service had been provided by an in-network provider.
  215         (3)If a participant uses a pharmacy discount program, drug
  216  manufacturer rebate, or other discount or rebate program,
  217  including purchasing a prescription drug from a licensed
  218  prescribing provider such as a direct primary care provider, and
  219  such use results in a lower cost than would have been paid for a
  220  covered prescription drug had the participant used the state
  221  group health insurance plan to purchase the prescription drug,
  222  the state group health insurance plan must apply the payment
  223  made by the participant for that covered prescription drug
  224  toward the participant’s deductible and out-of-pocket maximum as
  225  specified in the state group health insurance plan as if the
  226  prescription drug had been purchased from an in-network
  227  pharmacy.
  228         (4)At a minimum, a state group health insurance plan shall
  229  inform participants on its website and in its benefit plan
  230  materials of the options of obtaining covered health care
  231  services from out-of-network providers and prescription drugs
  232  from out-of-network pharmacies under subsections (2) and (3),
  233  respectively, with the participants’ payments applied to
  234  deductibles and out-of-pocket maximums. On its website and in
  235  its benefit plan materials, a state group health insurance plan
  236  shall also provide information on how to use the options under
  237  subsections (2) and (3) if a participant is interested in doing
  238  so.
  239         Section 5. Section 465.203, Florida Statutes, is created to
  240  read:
  241         465.203Pharmacy benefit managers; prohibited acts.—
  242         (1)As used in this section, the term “covered individual”
  243  means a member, a participant, an enrollee, a contract holder, a
  244  policyholder, or a beneficiary of a health plan, health plan
  245  sponsor, health plan provider, health insurer, health
  246  maintenance organization, or any other payor that uses pharmacy
  247  benefit management services in this state.
  248         (2)A pharmacy benefit manager may not impose on a covered
  249  individual a copayment or any other charge that exceeds the
  250  claim cost of a prescription drug. If information related to a
  251  covered individual’s out-of-pocket cost, the clinical efficacy
  252  of a prescription drug, or alternative medication is available
  253  to a pharmacy provider, a pharmacy benefit manager may not
  254  penalize the pharmacy provider for providing that information to
  255  the covered individual.
  256         Section 6. Section 627.4435, Florida Statutes, is created
  257  to read:
  258         627.4435Coverage for out-of-network providers and
  259  prescription drugs.—
  260         (1)DEFINITION.—As used in this section, the term “health
  261  insurer” has the same meaning as provided in s. 408.07.
  262         (2)HEALTH CARE SERVICES FROM OUT-OF-NETWORK PROVIDERS.
  263  Beginning on January 1, 2021, upon approval of a health
  264  insurer’s rate filings:
  265         (a)If an insured obtains a covered health care service
  266  from an out-of-network provider at a cost that is the same or
  267  less than the in-network average that the health insurer pays
  268  for that health care service, the health insurer must apply,
  269  within a reasonable timeframe not to exceed 1 year, the payment
  270  made by, or required of, an insured for that health care service
  271  toward the insured’s deductible and out-of-pocket maximum as
  272  specified in the insured’s health insurance policy, plan, or
  273  contract as if the health care service had been provided by an
  274  in-network provider.
  275         (b)A health insurer may not deny payment for any in
  276  network health care service covered under an insured’s health
  277  insurance policy, plan, or contract based solely on the basis
  278  that the insured’s referral was made by an out-of-network
  279  provider. The health insurer may not apply a deductible,
  280  coinsurance, or copayment greater than the applicable
  281  deductible, coinsurance, or copayment that would apply to the
  282  same health care service if the health care service was referred
  283  by an in-network provider.
  284         (3)PRESCRIPTION DRUGS.—
  285         (a)A health insurer or a pharmacy benefit manager on
  286  behalf of a health insurer may not impose on an insured a
  287  copayment or other charge that exceeds the claim cost of a
  288  prescription drug. If information related to an insured’s out
  289  of-pocket cost, the clinical efficacy of a prescription drug, or
  290  alternative medication is available to a pharmacy provider, a
  291  health insurer or a pharmacy benefit manager on behalf of a
  292  health insurer may not penalize the pharmacy provider for
  293  providing that information to the insured.
  294         (b)If an insured uses a pharmacy discount program, drug
  295  manufacturer rebate, or other discount or rebate program,
  296  including purchasing a prescription drug from a licensed
  297  prescribing provider such as a direct primary care provider, and
  298  such use results in a lower cost than would have been paid for a
  299  covered prescription drug had the insured used the health
  300  insurance policy, plan, or contract to purchase the prescription
  301  drug, the health insurer or the pharmacy benefit manager on
  302  behalf of a health insurer shall apply the payment made by the
  303  insured for that covered prescription drug toward the insured’s
  304  deductible and out-of-pocket maximum as specified in the
  305  insured’s health insurance policy, plan, or contract as if the
  306  prescription drug had been purchased from an in-network
  307  pharmacy.
  308         (c)This section does not restrict a health insurer from
  309  requiring standard preauthorization or other precertification
  310  requirements, such as the use of a formulary, that would
  311  otherwise be required under the insured’s health insurance
  312  policy, plan, or contract.
  313         (4)NOTIFICATION TO INSUREDS.—
  314         (a)At a minimum, a health insurer shall inform insureds on
  315  its website and in its benefit policy, plan, or contract
  316  materials of the options of obtaining health care services from
  317  out-of-network providers and prescription drugs from out-of
  318  network pharmacies under subsections (2) and (3), respectively,
  319  with the insureds’ payments applied to deductibles and out-of
  320  pocket maximums. On its website and in its benefit policy, plan,
  321  or contract materials, the health insurer shall also inform
  322  insureds on the process to obtain information on the average
  323  amount paid to an in-network provider or in-network pharmacy for
  324  a procedure, service, or prescription drug. The health insurer
  325  shall provide on its website a downloadable or interactive form
  326  for insureds to submit proof of payment to an out-of-network
  327  provider or out-of-network pharmacy.
  328         (b)If an insured who is in a group health insurance
  329  policy, plan, or contract has paid for a health care service and
  330  the paid contracted rate for the provider was in the highest
  331  third for in-network providers for that insured’s group health
  332  insurance policy, plan, or contract, the health insurer must
  333  inform the insured, by mail, electronic transmission, or
  334  telephone, that the insured has overpaid for the health care
  335  service, and the health insurer must also inform the insured of
  336  tools or methods the insured could use next time to elect a
  337  lower-cost option if the insured is interested in doing so.
  338         Section 7. Paragraphs (c), (d), and (e) of subsection (2)
  339  and subsection (3) of section 627.6387, Florida Statutes, are
  340  amended to read:
  341         627.6387 Shared savings incentive program.—
  342         (2) As used in this section, the term:
  343         (c) “Shared savings incentive” means a voluntary and
  344  optional financial incentive that a health insurer provides may
  345  provide to an insured for choosing certain shoppable health care
  346  services under a shared savings incentive program and may
  347  include, but is not limited to, the incentives described in s.
  348  626.9541(4)(a).
  349         (d) “Shared savings incentive program” means an a voluntary
  350  and optional incentive program established by a health insurer
  351  pursuant to this section.
  352         (e) “Shoppable health care service” means a lower-cost,
  353  high-quality nonemergency health care service for which a shared
  354  savings incentive is available for insureds under a health
  355  insurer’s shared savings incentive program. Shoppable health
  356  care services may be provided within or outside this state and
  357  include, but are not limited to:
  358         1. Clinical laboratory services.
  359         2. Infusion therapy.
  360         3. Inpatient and outpatient surgical procedures.
  361         4. Obstetrical and gynecological services.
  362         5. Inpatient and outpatient nonsurgical diagnostic tests
  363  and procedures.
  364         6. Physical and occupational therapy services.
  365         7. Radiology and imaging services.
  366         8. Prescription drugs.
  367         9. Services provided through telehealth.
  368         10.Any additional services identified by the Florida
  369  Center for Health Information and Transparency which commonly
  370  have a wide price variation.
  371         (3) A health insurer shall may offer a shared savings
  372  incentive program to provide incentives to an insured when the
  373  insured obtains a shoppable health care service from the health
  374  insurer’s shared savings list. An insured may not be required to
  375  participate in a shared savings incentive program. A health
  376  insurer that offers a shared savings incentive program must:
  377         (a)Establish the program as a component part of the policy
  378  or certificate of insurance provided by the health insurer and
  379  notify the insureds and the office at least 30 days before
  380  program termination.
  381         (a)(b) File a description of the program on a form
  382  prescribed by commission rule. The office must review the filing
  383  and determine whether the shared savings incentive program
  384  complies with this section.
  385         (b)(c) Notify an insured annually and at the time of
  386  renewal, and an applicant for insurance at the time of
  387  enrollment, of the availability of the shared savings incentive
  388  program and the procedure to participate in the program.
  389         (c)(d) Publish on a webpage easily accessible to insureds
  390  and to applicants for insurance a list of shoppable health care
  391  services and health care providers and the shared savings
  392  incentive amount applicable for each service. A shared savings
  393  incentive may not be less than 25 percent of the savings
  394  generated by the insured’s participation in any shared savings
  395  incentive offered by the health insurer. The baseline for the
  396  savings calculation is the average in-network amount paid for
  397  that service in the most recent 12-month period or some other
  398  methodology established by the health insurer and approved by
  399  the office. The health insurer must also offer a toll-free
  400  telephone number that an insured may call to compare services
  401  that qualify for a shared savings incentive.
  402         (d)(e) At least quarterly, credit or deposit the shared
  403  savings incentive amount to the insured’s account as a return or
  404  reduction in premium, or credit the shared savings incentive
  405  amount to the insured’s flexible spending account, health
  406  savings account, or health reimbursement account, or reward the
  407  insured directly with cash or a cash equivalent such that the
  408  amount does not constitute income to the insured.
  409         (e)(f) Submit an annual report to the office within 90
  410  business days after the close of each plan year. At a minimum,
  411  the report must include the following information:
  412         1. The number of insureds who participated in the program
  413  during the plan year and the number of instances of
  414  participation.
  415         2. The total cost of services provided as a part of the
  416  program.
  417         3. The total value of the shared savings incentive payments
  418  made to insureds participating in the program and the values
  419  distributed as premium reductions, credits to flexible spending
  420  accounts, credits to health savings accounts, or credits to
  421  health reimbursement accounts.
  422         4. An inventory of the shoppable health care services
  423  offered by the health insurer.
  424         Section 8. Paragraphs (c), (d), and (e) of subsection (2)
  425  and subsection (3) of section 627.6648, Florida Statutes, are
  426  amended to read:
  427         627.6648 Shared savings incentive program.—
  428         (2) As used in this section, the term:
  429         (c) “Shared savings incentive” means a voluntary and
  430  optional financial incentive that a health insurer provides may
  431  provide to an insured for choosing certain shoppable health care
  432  services under a shared savings incentive program and may
  433  include, but is not limited to, the incentives described in s.
  434  626.9541(4)(a).
  435         (d) “Shared savings incentive program” means an a voluntary
  436  and optional incentive program established by a health insurer
  437  pursuant to this section.
  438         (e) “Shoppable health care service” means a lower-cost,
  439  high-quality nonemergency health care service for which a shared
  440  savings incentive is available for insureds under a health
  441  insurer’s shared savings incentive program. Shoppable health
  442  care services may be provided within or outside this state and
  443  include, but are not limited to:
  444         1. Clinical laboratory services.
  445         2. Infusion therapy.
  446         3. Inpatient and outpatient surgical procedures.
  447         4. Obstetrical and gynecological services.
  448         5. Inpatient and outpatient nonsurgical diagnostic tests
  449  and procedures.
  450         6. Physical and occupational therapy services.
  451         7. Radiology and imaging services.
  452         8. Prescription drugs.
  453         9. Services provided through telehealth.
  454         10.Any additional services identified by the Florida
  455  Center for Health Information and Transparency which commonly
  456  have a wide price variation.
  457         (3) A health insurer shall may offer a shared savings
  458  incentive program to provide incentives to an insured when the
  459  insured obtains a shoppable health care service from the health
  460  insurer’s shared savings list. An insured may not be required to
  461  participate in a shared savings incentive program. A health
  462  insurer that offers a shared savings incentive program must:
  463         (a)Establish the program as a component part of the policy
  464  or certificate of insurance provided by the health insurer and
  465  notify the insureds and the office at least 30 days before
  466  program termination.
  467         (a)(b) File a description of the program on a form
  468  prescribed by commission rule. The office must review the filing
  469  and determine whether the shared savings incentive program
  470  complies with this section.
  471         (b)(c) Notify an insured annually and at the time of
  472  renewal, and an applicant for insurance at the time of
  473  enrollment, of the availability of the shared savings incentive
  474  program and the procedure to participate in the program.
  475         (c)(d) Publish on a webpage easily accessible to insureds
  476  and to applicants for insurance a list of shoppable health care
  477  services and health care providers and the shared savings
  478  incentive amount applicable for each service. A shared savings
  479  incentive may not be less than 25 percent of the savings
  480  generated by the insured’s participation in any shared savings
  481  incentive offered by the health insurer. The baseline for the
  482  savings calculation is the average in-network amount paid for
  483  that service in the most recent 12-month period or some other
  484  methodology established by the health insurer and approved by
  485  the office. The health insurer must also offer a toll-free
  486  telephone number that an insured may call to compare services
  487  that qualify for a shared savings incentive.
  488         (d)(e) At least quarterly, credit or deposit the shared
  489  savings incentive amount to the insured’s account as a return or
  490  reduction in premium, or credit the shared savings incentive
  491  amount to the insured’s flexible spending account, health
  492  savings account, or health reimbursement account, or reward the
  493  insured directly with cash or a cash equivalent such that the
  494  amount does not constitute income to the insured.
  495         (e)(f) Submit an annual report to the office within 90
  496  business days after the close of each plan year. At a minimum,
  497  the report must include the following information:
  498         1. The number of insureds who participated in the program
  499  during the plan year and the number of instances of
  500  participation.
  501         2. The total cost of services provided as a part of the
  502  program.
  503         3. The total value of the shared savings incentive payments
  504  made to insureds participating in the program and the values
  505  distributed as premium reductions, credits to flexible spending
  506  accounts, credits to health savings accounts, or credits to
  507  health reimbursement accounts.
  508         4. An inventory of the shoppable health care services
  509  offered by the health insurer.
  510         Section 9. Paragraphs (c), (d), and (e) of subsection (2)
  511  and subsection (3) of section 641.31076, Florida Statutes, are
  512  amended to read:
  513         641.31076 Shared savings incentive program.—
  514         (2) As used in this section, the term:
  515         (c) “Shared savings incentive” means a voluntary and
  516  optional financial incentive that a health maintenance
  517  organization provides may provide to a subscriber for choosing
  518  certain shoppable health care services under a shared savings
  519  incentive program and may include, but is not limited to, the
  520  incentives described in s. 641.3903(15).
  521         (d) “Shared savings incentive program” means an a voluntary
  522  and optional incentive program established by a health
  523  maintenance organization pursuant to this section.
  524         (e) “Shoppable health care service” means a lower-cost,
  525  high-quality nonemergency health care service for which a shared
  526  savings incentive is available for subscribers under a health
  527  maintenance organization’s shared savings incentive program.
  528  Shoppable health care services may be provided within or outside
  529  this state and include, but are not limited to:
  530         1. Clinical laboratory services.
  531         2. Infusion therapy.
  532         3. Inpatient and outpatient surgical procedures.
  533         4. Obstetrical and gynecological services.
  534         5. Inpatient and outpatient nonsurgical diagnostic tests
  535  and procedures.
  536         6. Physical and occupational therapy services.
  537         7. Radiology and imaging services.
  538         8. Prescription drugs.
  539         9. Services provided through telehealth.
  540         10.Any additional services identified by the Florida
  541  Center for Health Information and Transparency which commonly
  542  have a wide price variation.
  543         (3) A health maintenance organization shall may offer a
  544  shared savings incentive program to provide incentives to a
  545  subscriber when the subscriber obtains a shoppable health care
  546  service from the health maintenance organization’s shared
  547  savings list. A subscriber may not be required to participate in
  548  a shared savings incentive program. A health maintenance
  549  organization that offers a shared savings incentive program
  550  must:
  551         (a)Establish the program as a component part of the
  552  contract of coverage provided by the health maintenance
  553  organization and notify the subscribers and the office at least
  554  30 days before program termination.
  555         (a)(b) File a description of the program on a form
  556  prescribed by commission rule. The office must review the filing
  557  and determine whether the shared savings incentive program
  558  complies with this section.
  559         (b)(c) Notify a subscriber annually and at the time of
  560  renewal, and an applicant for coverage at the time of
  561  enrollment, of the availability of the shared savings incentive
  562  program and the procedure to participate in the program.
  563         (c)(d) Publish on a webpage easily accessible to
  564  subscribers and to applicants for coverage a list of shoppable
  565  health care services and health care providers and the shared
  566  savings incentive amount applicable for each service. A shared
  567  savings incentive may not be less than 25 percent of the savings
  568  generated by the subscriber’s participation in any shared
  569  savings incentive offered by the health maintenance
  570  organization. The baseline for the savings calculation is the
  571  average in-network amount paid for that service in the most
  572  recent 12-month period or some other methodology established by
  573  the health maintenance organization and approved by the office.
  574  The health maintenance organization must also offer a toll-free
  575  telephone number that a subscriber may call to compare services
  576  that qualify for a shared savings incentive.
  577         (d)(e) At least quarterly, credit or deposit the shared
  578  savings incentive amount to the subscriber’s account as a return
  579  or reduction in premium, or credit the shared savings incentive
  580  amount to the subscriber’s flexible spending account, health
  581  savings account, or health reimbursement account, or reward the
  582  subscriber directly with cash or a cash equivalent such that the
  583  amount does not constitute income to the subscriber.
  584         (e)(f) Submit an annual report to the office within 90
  585  business days after the close of each plan year. At a minimum,
  586  the report must include the following information:
  587         1. The number of subscribers who participated in the
  588  program during the plan year and the number of instances of
  589  participation.
  590         2. The total cost of services provided as a part of the
  591  program.
  592         3. The total value of the shared savings incentive payments
  593  made to subscribers participating in the program and the values
  594  distributed as premium reductions, credits to flexible spending
  595  accounts, credits to health savings accounts, or credits to
  596  health reimbursement accounts.
  597         4. An inventory of the shoppable health care services
  598  offered by the health maintenance organization.
  599         Section 10. This act shall take effect January 1, 2021.