Florida Senate - 2021                                    SB 1250
       
       
        
       By Senator Ausley
       
       
       
       
       
       3-01061-21                                            20211250__
    1                        A bill to be entitled                      
    2         An act relating to telehealth; amending s. 409.967,
    3         F.S.; prohibiting Medicaid managed care plans from
    4         using providers who exclusively provide services
    5         through telehealth to achieve network adequacy;
    6         amending s. 627.42396, F.S.; prohibiting certain
    7         health insurance policies from denying coverage for
    8         covered services provided through telehealth under
    9         certain circumstances; prohibiting health insurers
   10         from excluding covered services provided through
   11         telehealth from coverage; providing reimbursement
   12         requirements and cost-sharing limitations for health
   13         insurers relating to telehealth services; prohibiting
   14         health insurers from requiring an insured to receive
   15         services through telehealth services; authorizing
   16         health insurers to conduct utilization reviews under
   17         certain circumstances; authorizing health insurers to
   18         limit telehealth services to certain providers;
   19         deleting requirements for contracts between certain
   20         health insurers and telehealth providers; amending s.
   21         627.6699, F.S.; requiring certain small employer
   22         benefit plans to comply with certain requirements for
   23         reimbursement of telehealth services; amending s.
   24         641.31, F.S.; prohibiting a health maintenance
   25         organization from requiring a subscriber to receive
   26         certain services through telehealth; deleting
   27         requirements for contracts between certain health
   28         insurers and telehealth providers; creating s.
   29         641.31093, F.S.; prohibiting certain health
   30         maintenance organizations from denying coverage for
   31         covered services provided through telehealth under
   32         certain circumstances; prohibiting health maintenance
   33         organizations from excluding covered services provided
   34         through telehealth from coverage; providing
   35         reimbursement requirements and cost-sharing
   36         limitations for health maintenance organizations
   37         relating to telehealth services; prohibiting a health
   38         maintenance organization from requiring a subscriber
   39         to receive services through telehealth; authorizing
   40         health maintenance organizations to conduct
   41         utilization reviews under certain circumstances;
   42         authorizing health maintenance organizations to limit
   43         telehealth services to certain providers; providing an
   44         effective date.
   45  
   46         WHEREAS, it is the intent of the Legislature to mitigate
   47  geographic discrimination in the delivery of health care by
   48  recognizing the provision of and payment for covered medical
   49  care by means of telehealth services, provided that such
   50  services are provided by a physician or by another health care
   51  practitioner or professional acting within the scope of practice
   52  of such health care practitioner or professional and in
   53  accordance with section 456.47, Florida Statutes, NOW,
   54  THEREFORE,
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (c) of subsection (2) of section
   59  409.967, Florida Statutes, is amended to read:
   60         409.967 Managed care plan accountability.—
   61         (2) The agency shall establish such contract requirements
   62  as are necessary for the operation of the statewide managed care
   63  program. In addition to any other provisions the agency may deem
   64  necessary, the contract must require:
   65         (c) Access.—
   66         1. The agency shall establish specific standards for the
   67  number, type, and regional distribution of providers in managed
   68  care plan networks to ensure access to care for both adults and
   69  children. Each plan must maintain a regionwide network of
   70  providers in sufficient numbers to meet the access standards for
   71  specific medical services for all recipients enrolled in the
   72  plan. A plan may not use providers who exclusively provide
   73  services through telehealth, as defined in s. 456.47, to meet
   74  this requirement. The exclusive use of mail-order pharmacies may
   75  not be sufficient to meet network access standards. Consistent
   76  with the standards established by the agency, provider networks
   77  may include providers located outside the region. A plan may
   78  contract with a new hospital facility before the date the
   79  hospital becomes operational if the hospital has commenced
   80  construction, will be licensed and operational by January 1,
   81  2013, and a final order has issued in any civil or
   82  administrative challenge. Each plan shall establish and maintain
   83  an accurate and complete electronic database of contracted
   84  providers, including information about licensure or
   85  registration, locations and hours of operation, specialty
   86  credentials and other certifications, specific performance
   87  indicators, and such other information as the agency deems
   88  necessary. The database must be available online to both the
   89  agency and the public and have the capability to compare the
   90  availability of providers to network adequacy standards and to
   91  accept and display feedback from each provider’s patients. Each
   92  plan shall submit quarterly reports to the agency identifying
   93  the number of enrollees assigned to each primary care provider.
   94  The agency shall conduct, or contract for, systematic and
   95  continuous testing of the provider network databases maintained
   96  by each plan to confirm accuracy, confirm that behavioral health
   97  providers are accepting enrollees, and confirm that enrollees
   98  have access to behavioral health services.
   99         2. Each managed care plan must publish any prescribed drug
  100  formulary or preferred drug list on the plan’s website in a
  101  manner that is accessible to and searchable by enrollees and
  102  providers. The plan must update the list within 24 hours after
  103  making a change. Each plan must ensure that the prior
  104  authorization process for prescribed drugs is readily accessible
  105  to health care providers, including posting appropriate contact
  106  information on its website and providing timely responses to
  107  providers. For Medicaid recipients diagnosed with hemophilia who
  108  have been prescribed anti-hemophilic-factor replacement
  109  products, the agency shall provide for those products and
  110  hemophilia overlay services through the agency’s hemophilia
  111  disease management program.
  112         3. Managed care plans, and their fiscal agents or
  113  intermediaries, must accept prior authorization requests for any
  114  service electronically.
  115         4. Managed care plans serving children in the care and
  116  custody of the Department of Children and Families must maintain
  117  complete medical, dental, and behavioral health encounter
  118  information and participate in making such information available
  119  to the department or the applicable contracted community-based
  120  care lead agency for use in providing comprehensive and
  121  coordinated case management. The agency and the department shall
  122  establish an interagency agreement to provide guidance for the
  123  format, confidentiality, recipient, scope, and method of
  124  information to be made available and the deadlines for
  125  submission of the data. The scope of information available to
  126  the department shall be the data that managed care plans are
  127  required to submit to the agency. The agency shall determine the
  128  plan’s compliance with standards for access to medical, dental,
  129  and behavioral health services; the use of medications; and
  130  followup on all medically necessary services recommended as a
  131  result of early and periodic screening, diagnosis, and
  132  treatment.
  133         Section 2. Section 627.42396, Florida Statutes, is amended
  134  to read:
  135         627.42396 Requirements for reimbursement by health insurers
  136  for telehealth services.—
  137         (1)An individual, group, blanket, or franchise health
  138  insurance policy delivered or issued for delivery to any insured
  139  person in this state on or after January 1, 2022, may not deny
  140  coverage for a covered service on the basis of the service being
  141  provided through telehealth if the same service would be covered
  142  if provided through an in-person encounter.
  143         (2) A health insurer may not exclude an otherwise covered
  144  service from coverage solely because the service is provided
  145  through telehealth rather than through an in-person encounter.
  146         (3) A health insurer shall reimburse a telehealth provider
  147  for the diagnosis, consultation, or treatment of any insured
  148  person provided through telehealth on the same basis and at
  149  least at the same rate that the health insurer would reimburse
  150  the provider if the covered service were delivered through an
  151  in-person encounter. However, a health insurer may not require a
  152  health care provider or telehealth provider to accept a
  153  reimbursement amount greater than the amount the provider is
  154  willing to charge.
  155         (4)A health insurer shall reimburse a telehealth provider
  156  for reasonable originating site fees or costs for the provision
  157  of telehealth services.
  158         (5) A covered service provided through telehealth may not
  159  be subject to a greater deductible, copayment, or coinsurance
  160  amount than would apply if the same service were provided
  161  through an in-person encounter.
  162         (6) A health insurer may not impose upon any insured person
  163  receiving benefits under this section any copayment,
  164  coinsurance, or deductible amount or any policy-year, calendar
  165  year, lifetime, or other durational benefit limitation or
  166  maximum for benefits or services provided through telehealth
  167  which is not equally imposed upon all terms and services covered
  168  under the policy.
  169         (7)A health insurer may not require an insured person to
  170  obtain a covered service through telehealth instead of an in
  171  person encounter.
  172         (8) This section does not preclude a health insurer from
  173  conducting a utilization review to determine the appropriateness
  174  of telehealth as a means of delivering a covered service if such
  175  determination is made in the same manner as would be made for
  176  the same service provided through an in-person encounter.
  177         (9) A health insurer may limit the covered services that
  178  are provided through telehealth to providers who are in a
  179  network approved by the insurer A contract between a health
  180  insurer issuing major medical comprehensive coverage through an
  181  individual or group policy and a telehealth provider, as defined
  182  in s. 456.47, must be voluntary between the insurer and the
  183  provider and must establish mutually acceptable payment rates or
  184  payment methodologies for services provided through telehealth.
  185  Any contract provision that distinguishes between payment rates
  186  or payment methodologies for services provided through
  187  telehealth and the same services provided without the use of
  188  telehealth must be initialed by the telehealth provider.
  189         Section 3. Paragraph (h) is added to subsection (5) of
  190  section 627.6699, Florida Statutes, to read:
  191         627.6699 Employee Health Care Access Act.—
  192         (5) AVAILABILITY OF COVERAGE.—
  193         (h) A health benefit plan covering small employers which is
  194  delivered, issued, or renewed in this state on or after January
  195  1, 2022, must comply with s. 627.42396.
  196         Section 4. Subsection (45) of section 641.31, Florida
  197  Statutes, is amended to read:
  198         641.31 Health maintenance contracts.—
  199         (45) A contract between a health maintenance organization
  200  issuing major medical individual or group coverage may not
  201  require a subscriber to consult with, seek approval from, or
  202  obtain any type of referral or authorization by way of
  203  telehealth from and a telehealth provider, as defined in s.
  204  456.47, must be voluntary between the health maintenance
  205  organization and the provider and must establish mutually
  206  acceptable payment rates or payment methodologies for services
  207  provided through telehealth. Any contract provision that
  208  distinguishes between payment rates or payment methodologies for
  209  services provided through telehealth and the same services
  210  provided without the use of telehealth must be initialed by the
  211  telehealth provider.
  212         Section 5. Section 641.31093, Florida Statutes, is created
  213  to read:
  214         641.31093 Requirements for reimbursement by health
  215  maintenance organizations for telehealth services.—
  216         (1) A health maintenance organization that offers, issues,
  217  or renews a major medical or similar comprehensive contract in
  218  this state on or after January 1, 2022, may not deny coverage
  219  for a covered service on the basis of the covered service being
  220  provided through telehealth if the same service would be covered
  221  if provided through an in-person encounter.
  222         (2) A health maintenance organization may not exclude an
  223  otherwise covered service from coverage solely because the
  224  service is provided through telehealth rather than through an
  225  in-person encounter.
  226         (3) A health maintenance organization shall reimburse a
  227  telehealth provider for the diagnosis, consultation, or
  228  treatment of any subscriber provided through telehealth on the
  229  same basis and at least the same rate that the health
  230  maintenance organization would reimburse the provider if the
  231  service were provided through an in-person encounter. However, a
  232  health maintenance organization may not require a health care
  233  provider or telehealth provider to accept a reimbursement amount
  234  greater than the amount the provider is willing to charge.
  235         (4)A health maintenance organization shall reimburse a
  236  telehealth provider for reasonable originating site fees or
  237  costs for the provision of telehealth services.
  238         (5) A covered service provided through telehealth may not
  239  be subject to a greater deductible, copayment, or coinsurance
  240  amount than would apply if the same service were provided
  241  through an in-person encounter.
  242         (6) A health maintenance organization may not impose upon
  243  any subscriber receiving benefits under this section any
  244  copayment, coinsurance, or deductible amount or any contract
  245  year, calendar-year, lifetime, or other durational benefit
  246  limitation or maximum for benefits or services provided through
  247  telehealth which is not equally imposed upon all services
  248  covered under the contract.
  249         (7)A health maintenance organization may not require an
  250  insured person to obtain a covered service through telehealth
  251  instead of an in-person encounter.
  252         (8) This section does not preclude a health maintenance
  253  organization from conducting a utilization review to determine
  254  the appropriateness of telehealth as a means of delivering a
  255  covered service if such determination is made in the same manner
  256  as would be made for the same service provided through an in
  257  person encounter.
  258         (9) A health maintenance organization may limit covered
  259  services that are provided through telehealth to providers who
  260  are in a network approved by the health maintenance
  261  organization.
  262         Section 6. This act shall take effect July 1, 2021.