Florida Senate - 2022                                     SB 730
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00777A-22                                           2022730__
    1                        A bill to be entitled                      
    2         An act relating to step-therapy protocols; amending s.
    3         627.42393, F.S.; revising the circumstances under
    4         which step-therapy protocols may not be required;
    5         defining terms; requiring health insurers to publish
    6         on their websites and provide to their insureds
    7         specified information; providing requirements for
    8         procedures for requests and appeals of denials of
    9         protocol exemptions; providing requirements for
   10         authorizations and denials of protocol exemption
   11         requests; authorizing health insurers to request
   12         specified documentation under certain circumstances;
   13         amending s. 641.31, F.S.; revising the circumstances
   14         under which step-therapy protocols may not be
   15         required; defining terms; requiring health maintenance
   16         organizations to publish on their websites and provide
   17         to their subscribers specified information; providing
   18         requirements for procedures for requests and appeals
   19         of denials of protocol exemptions; providing
   20         requirements for authorizations and denials of
   21         protocol exemption requests; authorizing health
   22         maintenance organizations to request specified
   23         documentation under certain circumstances; providing
   24         an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 627.42393, Florida Statutes, is amended
   29  to read:
   30         627.42393 Step-therapy protocol.—
   31         (2)(1)In addition to the protocol exemptions granted
   32  pursuant to subsection (3), a health insurer issuing a major
   33  medical individual or group policy may not require a step
   34  therapy protocol under the policy for a covered prescription
   35  drug requested by an insured if:
   36         (a) The insured has previously been approved to receive the
   37  prescription drug through the completion of a step-therapy
   38  protocol required by a separate health coverage plan; and
   39         (b) The insured provides documentation originating from the
   40  health coverage plan that approved the prescription drug as
   41  described in paragraph (a) indicating that the health coverage
   42  plan paid for the drug on the insured’s behalf during the 90
   43  days immediately before the request.
   44         (1)(2) As used in this section, the term:
   45         (a) “Health coverage plan” means any of the following which
   46  is currently or was previously providing major medical or
   47  similar comprehensive coverage or benefits to the insured:
   48         1.(a) A health insurer or health maintenance organization.
   49         2.(b) A plan established or maintained by an individual
   50  employer as provided by the Employee Retirement Income Security
   51  Act of 1974, Pub. L. No. 93-406.
   52         3.(c) A multiple-employer welfare arrangement as defined in
   53  s. 624.437.
   54         4.(d) A governmental entity providing a plan of self
   55  insurance.
   56         (b)“Protocol exemption” means a determination by a health
   57  insurer to authorize the use of another prescription drug,
   58  medical procedure, or course of treatment prescribed or
   59  recommended by the treating health care provider for the
   60  insured’s condition rather than the one specified by the health
   61  insurer’s step-therapy protocol.
   62         (c)“Step-therapy protocol” means a written protocol that
   63  specifies the order in which certain prescription drugs, medical
   64  procedures, or courses of treatment must be used to treat an
   65  insured’s condition.
   66         (3)(a)A health insurer shall publish on its website and
   67  provide to an insured in writing a procedure for the insured and
   68  his or her health care provider to request a protocol exemption
   69  or an appeal of the health insurer’s denial of a protocol
   70  exemption request. The procedure must include, at a minimum:
   71         1.The manner in which the insured or health care provider
   72  may request a protocol exemption, including a form to request
   73  the protocol exemption.
   74         2.The manner and timeframe in which the health insurer
   75  must authorize or deny a protocol exemption request, including
   76  the requirement that such response must occur within a
   77  reasonable time.
   78         3.The manner and timeframe in which the insured or health
   79  care provider may appeal the health insurer’s denial of a
   80  protocol exemption request.
   81         (b)An authorization of a protocol exemption request must
   82  specify the approved prescription drug, medical procedure, or
   83  course of treatment. A denial of a protocol exemption request
   84  must include a written explanation of the reason for the denial,
   85  the clinical rationale that supports the denial, and the
   86  procedure for appealing the health insurer’s denial.
   87         (c)A health insurer may request relevant medical records
   88  in support of a protocol exemption request.
   89         (4)(3) This section does not require a health insurer to
   90  add a drug to its prescription drug formulary or to cover a
   91  prescription drug that the insurer does not otherwise cover.
   92         Section 2. Subsection (46) of section 641.31, Florida
   93  Statutes, is amended to read:
   94         641.31 Health maintenance contracts.—
   95         (46)(b)(46)(a)In addition to the protocol exemptions
   96  granted under paragraph (c), a health maintenance organization
   97  issuing major medical coverage through an individual or group
   98  contract may not require a step-therapy protocol under the
   99  contract for a covered prescription drug requested by a
  100  subscriber if:
  101         1. The subscriber has previously been approved to receive
  102  the prescription drug through the completion of a step-therapy
  103  protocol required by a separate health coverage plan; and
  104         2. The subscriber provides documentation originating from
  105  the health coverage plan that approved the prescription drug as
  106  described in subparagraph 1. indicating that the health coverage
  107  plan paid for the drug on the subscriber’s behalf during the 90
  108  days immediately before the request.
  109         (a)(b) As used in this subsection, the term:
  110         1. “Health coverage plan” means any of the following which
  111  previously provided or is currently providing major medical or
  112  similar comprehensive coverage or benefits to the subscriber:
  113         a.1. A health insurer or health maintenance organization.;
  114         b.2. A plan established or maintained by an individual
  115  employer as provided by the Employee Retirement Income Security
  116  Act of 1974, Pub. L. No. 93-406.;
  117         c.3. A multiple-employer welfare arrangement as defined in
  118  s. 624.437.; or
  119         d.4. A governmental entity providing a plan of self
  120  insurance.
  121         2.“Protocol exemption” means a determination by a health
  122  maintenance organization to authorize the use of another
  123  prescription drug, medical procedure, or course of treatment
  124  prescribed or recommended by the treating health care provider
  125  for the subscriber’s condition rather than the one specified by
  126  the health maintenance organization’s step-therapy protocol.
  127         3.“Step-therapy protocol” means a written protocol that
  128  specifies the order in which certain prescription drugs, medical
  129  procedures, or courses of treatment must be used to treat a
  130  subscriber’s condition.
  131         (c)1.A health maintenance organization shall publish on
  132  its website and provide to a subscriber in writing a procedure
  133  for the subscriber and his or her health care provider to
  134  request a protocol exemption or an appeal of the health
  135  maintenance organization’s denial of a protocol exemption
  136  request. The procedure must include, at a minimum:
  137         a.The manner in which the subscriber or health care
  138  provider may request a protocol exemption, including a form to
  139  request the protocol exemption.
  140         b.The manner and timeframe in which the health maintenance
  141  organization must authorize or deny a protocol exemption
  142  request, including the requirement that such response must occur
  143  within a reasonable time.
  144         c.The manner and timeframe in which the subscriber or
  145  health care provider may appeal the health maintenance
  146  organization’s denial of a protocol exemption request.
  147         2.An authorization of a protocol exemption request must
  148  specify the approved prescription drug, medical procedure, or
  149  course of treatment. A denial of a protocol exemption request
  150  must include a written explanation of the reason for the denial,
  151  the clinical rationale that supports the denial, and the
  152  procedure for appealing the health maintenance organization’s
  153  denial.
  154         3.A health maintenance organization may request relevant
  155  medical records in support of a protocol exemption request.
  156         (d)(c) This subsection does not require a health
  157  maintenance organization to add a drug to its prescription drug
  158  formulary or to cover a prescription drug that the health
  159  maintenance organization does not otherwise cover.
  160         Section 3. This act shall take effect July 1, 2022.