Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 964
       
       
       
       
       
       
                                Ì237278MÎ237278                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                
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       The Committee on Banking and Insurance (Calatayud) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) is added to section 110.12303,
    6  Florida Statutes, to read:
    7         110.12303 State group insurance program; additional
    8  benefits; price transparency program; reporting.—
    9         (5)(a)As used in this subsection, the term:
   10         1.“Biomarker” means a defined characteristic that is
   11  measured as an indicator of normal biological processes,
   12  pathogenic processes, or responses to an exposure or
   13  intervention, including therapeutic interventions. The term
   14  includes, but is not limited to, molecular, histologic,
   15  radiographic, or physiologic characteristics but does not
   16  include an assessment of how a patient feels, functions, or
   17  survives.
   18         2.“Biomarker testing” means an analysis of a patient’s
   19  tissue, blood, or other biospecimen for the presence of a
   20  biomarker. The term includes, but is not limited to, single
   21  analyte tests, multiplex panel tests, protein expression, and
   22  whole exome, whole genome, and whole transcriptome sequencing
   23  performed at a participating in-network laboratory facility that
   24  is certified pursuant to the federal Clinical Laboratory
   25  Improvement Amendment (CLIA) or that has obtained a CLIA
   26  Certificate of Waiver by the United States Food and Drug
   27  Administration for the tests.
   28         3.“Clinical utility” means the test result provides
   29  information that is used in the formulation of a treatment or
   30  monitoring strategy that informs a patient’s outcome and impacts
   31  the clinical decision.
   32         (b)For state group health insurance plan policies issued
   33  on or after January 1, 2025, the department shall provide
   34  coverage of biomarker testing for the purposes of diagnosis,
   35  treatment, appropriate management, or ongoing monitoring of an
   36  enrollee’s disease or condition to guide treatment decisions if
   37  medical and scientific evidence indicates that the biomarker
   38  testing provides clinical utility to the enrollee. Such medical
   39  and scientific evidence includes, but is not limited to:
   40         1.A labeled indication for a test approved or cleared by
   41  the United States Food and Drug Administration;
   42         2.An indicated test for a drug approved by the United
   43  States Food and Drug Administration;
   44         3.A national coverage determination made by the Centers
   45  for Medicare and Medicaid Services or a local coverage
   46  determination made by the Medicare Administrative Contractor; or
   47         4.A nationally recognized clinical practice guideline. As
   48  used in this subparagraph, the term “nationally recognized
   49  clinical practice guideline” means an evidence-based clinical
   50  practice guideline developed by independent organizations or
   51  medical professional societies using a transparent methodology
   52  and reporting structure and with a conflict-of-interest policy.
   53  Guidelines developed by such organizations or societies
   54  establish standards of care informed by a systematic review of
   55  evidence and an assessment of the benefits and costs of
   56  alternative care options and include recommendations intended to
   57  optimize patient care.
   58         (c)Each state group health insurance plan shall provide
   59  enrollees and participating providers with a clear and
   60  convenient process to request authorization for biomarker
   61  testing. Such process must be made readily accessible online to
   62  all enrollees and participating providers.
   63         (d)This subsection does not require coverage of biomarker
   64  testing for screening purposes.
   65         Section 2. Subsection (29) is added to section 409.906,
   66  Florida Statutes, to read:
   67         409.906 Optional Medicaid services.—Subject to specific
   68  appropriations, the agency may make payments for services which
   69  are optional to the state under Title XIX of the Social Security
   70  Act and are furnished by Medicaid providers to recipients who
   71  are determined to be eligible on the dates on which the services
   72  were provided. Any optional service that is provided shall be
   73  provided only when medically necessary and in accordance with
   74  state and federal law. Optional services rendered by providers
   75  in mobile units to Medicaid recipients may be restricted or
   76  prohibited by the agency. Nothing in this section shall be
   77  construed to prevent or limit the agency from adjusting fees,
   78  reimbursement rates, lengths of stay, number of visits, or
   79  number of services, or making any other adjustments necessary to
   80  comply with the availability of moneys and any limitations or
   81  directions provided for in the General Appropriations Act or
   82  chapter 216. If necessary to safeguard the state’s systems of
   83  providing services to elderly and disabled persons and subject
   84  to the notice and review provisions of s. 216.177, the Governor
   85  may direct the Agency for Health Care Administration to amend
   86  the Medicaid state plan to delete the optional Medicaid service
   87  known as “Intermediate Care Facilities for the Developmentally
   88  Disabled.” Optional services may include:
   89         (29)BIOMARKER TESTING SERVICES.—
   90         (a)As used in this subsection, the term:
   91         1.“Biomarker” means a defined characteristic that is
   92  measured as an indicator of normal biological processes,
   93  pathogenic processes, or responses to an exposure or
   94  intervention, including therapeutic interventions. The term
   95  includes, but is not limited to, molecular, histologic,
   96  radiographic, or physiologic characteristics but does not
   97  include an assessment of how a patient feels, functions, or
   98  survives.
   99         2.“Biomarker testing” means an analysis of a patient’s
  100  tissue, blood, or other biospecimen for the presence of a
  101  biomarker. The term includes, but is not limited to, single
  102  analyte tests, multiplex panel tests, protein expression, and
  103  whole exome, whole genome, and whole transcriptome sequencing
  104  performed at a participating in-network laboratory facility that
  105  is certified pursuant to the federal Clinical Laboratory
  106  Improvement Amendment (CLIA) or that has obtained a CLIA
  107  Certificate of Waiver by the United States Food and Drug
  108  Administration for the tests.
  109         3.“Clinical utility” means the test result provides
  110  information that is used in the formulation of a treatment or
  111  monitoring strategy that informs a patient’s outcome and impacts
  112  the clinical decision.
  113         (b)The agency may pay for biomarker testing for the
  114  purposes of diagnosis, treatment, appropriate management, or
  115  ongoing monitoring of a recipient’s disease or condition to
  116  guide treatment decisions if medical and scientific evidence
  117  indicates that the biomarker testing provides clinical utility
  118  to the recipient. Such medical and scientific evidence includes,
  119  but is not limited to:
  120         1.A labeled indication for a test approved or cleared by
  121  the Unites States Food and Drug Administration;
  122         2.An indicated test for a drug approved by the United
  123  States Food and Drug Administration;
  124         3.A national coverage determination made by the Centers
  125  for Medicare and Medicaid Services or a local coverage
  126  determination made by the Medicare Administrative Contractor; or
  127         4.A nationally recognized clinical practice guideline. As
  128  used in this subparagraph, the term “nationally recognized
  129  clinical practice guideline” means an evidence-based clinical
  130  practice guideline developed by independent organizations or
  131  medical professional societies using a transparent methodology
  132  and reporting structure and with a conflict-of-interest policy.
  133  Guidelines developed by such organizations or societies
  134  establish standards of care informed by a systematic review of
  135  evidence and an assessment of the benefits and costs of
  136  alternative care options and include recommendations intended to
  137  optimize patient care.
  138         (c)Recipients and participating providers must be provided
  139  access to a clear and convenient process to request
  140  authorization for biomarker testing as provided under this
  141  subsection. Such process must be made readily accessible online
  142  to all recipients and participating providers.
  143         (d)This subsection does not require coverage of biomarker
  144  testing for screening purposes.
  145         (e)The agency may seek federal approval necessary to
  146  implement this subsection.
  147         Section 3. Section 409.9745, Florida Statutes, is created
  148  to read:
  149         409.9745Managed care plan biomarker testing.—
  150         (1)A managed care plan must provide coverage for biomarker
  151  testing for recipients, as authorized under s. 409.906, at the
  152  same scope, duration, and frequency as the Medicaid program
  153  provides for other medically necessary treatments.
  154         (2)The managed care plan shall provide recipients and
  155  health care providers with access to a clear and convenient
  156  process to request authorization for biomarker testing as
  157  provided under this section. Such process must be made readily
  158  accessible on the managed care plan’s website.
  159         (3)This section does not require coverage of biomarker
  160  testing for screening purposes.
  161         Section 4. This act shall take effect July 1, 2024.
  162  
  163  ================= T I T L E  A M E N D M E N T ================
  164  And the title is amended as follows:
  165         Delete everything before the enacting clause
  166  and insert:
  167                        A bill to be entitled                      
  168         An act relating to coverage for biomarker testing;
  169         amending s. 110.12303, F.S.; defining terms; requiring
  170         the Department of Management Services to provide
  171         coverage of biomarker testing for specified purposes
  172         for state employees’ state group health insurance plan
  173         policies issued on or after a specified date;
  174         specifying circumstances under which such coverage may
  175         be provided; requiring state group health insurance
  176         plans to provide enrollees and participating providers
  177         with a clear and convenient process for authorization
  178         requests for biomarker testing; requiring that such
  179         process be readily accessible online; providing
  180         construction; amending s. 409.906, F.S.; defining
  181         terms; authorizing the Agency for Health Care
  182         Administration to pay for biomarker testing under the
  183         Medicaid program for specified purposes, subject to
  184         specific appropriations; specifying circumstances
  185         under which such payments may be made; requiring that
  186         Medicaid recipients and participating providers be
  187         provided a clear and convenient process for
  188         authorization requests for biomarker testing;
  189         requiring that such process be readily accessible
  190         online; providing construction; authorizing the agency
  191         to seek federal approval for biomarker testing
  192         payments; creating s. 409.9745, F.S.; requiring
  193         managed care plans under contract with the agency in
  194         the Medicaid program to provide coverage for biomarker
  195         testing for Medicaid recipients in a certain manner;
  196         requiring managed care plans to provide Medicaid
  197         recipients and health care providers with a clear and
  198         convenient process for authorization requests for
  199         biomarker testing; requiring that such process be
  200         readily accessible on the managed care plan’s website;
  201         providing construction; providing an effective date.