Florida Senate - 2024                       CS for CS for SB 964
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Banking and Insurance; and Senator Calatayud
       
       
       
       
       603-03307-24                                           2024964c2
    1                        A bill to be entitled                      
    2         An act relating to coverage for biomarker testing;
    3         amending s. 110.12303, F.S.; defining terms; requiring
    4         the Department of Management Services to provide
    5         coverage of biomarker testing for specified purposes
    6         for state employees’ state group health insurance plan
    7         policies issued on or after a specified date;
    8         specifying circumstances under which such coverage may
    9         be provided; requiring state group health insurance
   10         plans to provide enrollees and participating providers
   11         with a clear and convenient process for authorization
   12         requests for biomarker testing; requiring that such
   13         process be readily accessible online; providing
   14         construction; amending s. 409.906, F.S.; defining
   15         terms; authorizing the Agency for Health Care
   16         Administration to pay for biomarker testing under the
   17         Medicaid program for specified purposes, subject to
   18         specific appropriations; specifying circumstances
   19         under which such payments may be made; requiring that
   20         Medicaid recipients and participating providers be
   21         provided a clear and convenient process for
   22         authorization requests for biomarker testing;
   23         requiring that such process be readily accessible
   24         online; providing construction; authorizing the agency
   25         to seek federal approval for biomarker testing
   26         payments; creating s. 409.9745, F.S.; requiring
   27         managed care plans under contract with the agency in
   28         the Medicaid program to provide coverage for biomarker
   29         testing for Medicaid recipients in a certain manner;
   30         requiring managed care plans to provide Medicaid
   31         recipients and health care providers with a clear and
   32         convenient process for authorization requests for
   33         biomarker testing; requiring that such process be
   34         readily accessible on the managed care plan’s website;
   35         providing construction; requiring the agency to
   36         include the rate impact of the act in certain rates
   37         that become effective on a specified date; providing
   38         an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (5) is added to section 110.12303,
   43  Florida Statutes, to read:
   44         110.12303 State group insurance program; additional
   45  benefits; price transparency program; reporting.—
   46         (5)(a)As used in this subsection, the term:
   47         1.“Biomarker” means a defined characteristic that is
   48  measured as an indicator of normal biological processes,
   49  pathogenic processes, or responses to an exposure or
   50  intervention, including therapeutic interventions. The term
   51  includes, but is not limited to, molecular, histologic,
   52  radiographic, or physiologic characteristics but does not
   53  include an assessment of how a patient feels, functions, or
   54  survives.
   55         2.“Biomarker testing” means an analysis of a patient’s
   56  tissue, blood, or other biospecimen for the presence of a
   57  biomarker. The term includes, but is not limited to, single
   58  analyte tests, multiplex panel tests, protein expression, and
   59  whole exome, whole genome, and whole transcriptome sequencing
   60  performed at a participating in-network laboratory facility that
   61  is certified pursuant to the federal Clinical Laboratory
   62  Improvement Amendment (CLIA) or that has obtained a CLIA
   63  Certificate of Waiver by the United States Food and Drug
   64  Administration for the tests.
   65         3.“Clinical utility” means the test result provides
   66  information that is used in the formulation of a treatment or
   67  monitoring strategy that informs a patient’s outcome and impacts
   68  the clinical decision.
   69         (b)For state group health insurance plan policies issued
   70  on or after January 1, 2025, the department shall provide
   71  coverage of biomarker testing for the purposes of diagnosis,
   72  treatment, appropriate management, or ongoing monitoring of an
   73  enrollee’s disease or condition to guide treatment decisions if
   74  medical and scientific evidence indicates that the biomarker
   75  testing provides clinical utility to the enrollee. Such medical
   76  and scientific evidence includes, but is not limited to:
   77         1.A labeled indication for a test approved or cleared by
   78  the United States Food and Drug Administration;
   79         2.An indicated test for a drug approved by the United
   80  States Food and Drug Administration;
   81         3.A national coverage determination made by the Centers
   82  for Medicare and Medicaid Services or a local coverage
   83  determination made by the Medicare Administrative Contractor; or
   84         4.A nationally recognized clinical practice guideline. As
   85  used in this subparagraph, the term “nationally recognized
   86  clinical practice guideline” means an evidence-based clinical
   87  practice guideline developed by independent organizations or
   88  medical professional societies using a transparent methodology
   89  and reporting structure and with a conflict-of-interest policy.
   90  Guidelines developed by such organizations or societies
   91  establish standards of care informed by a systematic review of
   92  evidence and an assessment of the benefits and costs of
   93  alternative care options and include recommendations intended to
   94  optimize patient care.
   95         (c)Each state group health insurance plan shall provide
   96  enrollees and participating providers with a clear and
   97  convenient process to request authorization for biomarker
   98  testing. Such process must be made readily accessible online to
   99  all enrollees and participating providers.
  100         (d)This subsection does not require coverage of biomarker
  101  testing for screening purposes.
  102         Section 2. Subsection (29) is added to section 409.906,
  103  Florida Statutes, to read:
  104         409.906 Optional Medicaid services.—Subject to specific
  105  appropriations, the agency may make payments for services which
  106  are optional to the state under Title XIX of the Social Security
  107  Act and are furnished by Medicaid providers to recipients who
  108  are determined to be eligible on the dates on which the services
  109  were provided. Any optional service that is provided shall be
  110  provided only when medically necessary and in accordance with
  111  state and federal law. Optional services rendered by providers
  112  in mobile units to Medicaid recipients may be restricted or
  113  prohibited by the agency. Nothing in this section shall be
  114  construed to prevent or limit the agency from adjusting fees,
  115  reimbursement rates, lengths of stay, number of visits, or
  116  number of services, or making any other adjustments necessary to
  117  comply with the availability of moneys and any limitations or
  118  directions provided for in the General Appropriations Act or
  119  chapter 216. If necessary to safeguard the state’s systems of
  120  providing services to elderly and disabled persons and subject
  121  to the notice and review provisions of s. 216.177, the Governor
  122  may direct the Agency for Health Care Administration to amend
  123  the Medicaid state plan to delete the optional Medicaid service
  124  known as “Intermediate Care Facilities for the Developmentally
  125  Disabled.” Optional services may include:
  126         (29)BIOMARKER TESTING SERVICES.—
  127         (a)As used in this subsection, the term:
  128         1.“Biomarker” means a defined characteristic that is
  129  measured as an indicator of normal biological processes,
  130  pathogenic processes, or responses to an exposure or
  131  intervention, including therapeutic interventions. The term
  132  includes, but is not limited to, molecular, histologic,
  133  radiographic, or physiologic characteristics but does not
  134  include an assessment of how a patient feels, functions, or
  135  survives.
  136         2.“Biomarker testing” means an analysis of a patient’s
  137  tissue, blood, or other biospecimen for the presence of a
  138  biomarker. The term includes, but is not limited to, single
  139  analyte tests, multiplex panel tests, protein expression, and
  140  whole exome, whole genome, and whole transcriptome sequencing
  141  performed at a participating in-network laboratory facility that
  142  is certified pursuant to the federal Clinical Laboratory
  143  Improvement Amendment (CLIA) or that has obtained a CLIA
  144  Certificate of Waiver by the United States Food and Drug
  145  Administration for the tests.
  146         3.“Clinical utility” means the test result provides
  147  information that is used in the formulation of a treatment or
  148  monitoring strategy that informs a patient’s outcome and impacts
  149  the clinical decision.
  150         (b)The agency may pay for biomarker testing for the
  151  purposes of diagnosis, treatment, appropriate management, or
  152  ongoing monitoring of a recipient’s disease or condition to
  153  guide treatment decisions if medical and scientific evidence
  154  indicates that the biomarker testing provides clinical utility
  155  to the recipient. Such medical and scientific evidence includes,
  156  but is not limited to:
  157         1.A labeled indication for a test approved or cleared by
  158  the Unites States Food and Drug Administration;
  159         2.An indicated test for a drug approved by the United
  160  States Food and Drug Administration;
  161         3.A national coverage determination made by the Centers
  162  for Medicare and Medicaid Services or a local coverage
  163  determination made by the Medicare Administrative Contractor; or
  164         4.A nationally recognized clinical practice guideline. As
  165  used in this subparagraph, the term “nationally recognized
  166  clinical practice guideline” means an evidence-based clinical
  167  practice guideline developed by independent organizations or
  168  medical professional societies using a transparent methodology
  169  and reporting structure and with a conflict-of-interest policy.
  170  Guidelines developed by such organizations or societies
  171  establish standards of care informed by a systematic review of
  172  evidence and an assessment of the benefits and costs of
  173  alternative care options and include recommendations intended to
  174  optimize patient care.
  175         (c)Recipients and participating providers must be provided
  176  access to a clear and convenient process to request
  177  authorization for biomarker testing as provided under this
  178  subsection. Such process must be made readily accessible online
  179  to all recipients and participating providers.
  180         (d)This subsection does not require coverage of biomarker
  181  testing for screening purposes.
  182         (e)The agency may seek federal approval necessary to
  183  implement this subsection.
  184         Section 3. Section 409.9745, Florida Statutes, is created
  185  to read:
  186         409.9745Managed care plan biomarker testing.—
  187         (1)A managed care plan must provide coverage for biomarker
  188  testing for recipients, as authorized under s. 409.906, at the
  189  same scope, duration, and frequency as the Medicaid program
  190  provides for other medically necessary treatments.
  191         (2)The managed care plan shall provide recipients and
  192  health care providers with access to a clear and convenient
  193  process to request authorization for biomarker testing as
  194  provided under this section. Such process must be made readily
  195  accessible on the managed care plan’s website.
  196         (3)This section does not require coverage of biomarker
  197  testing for screening purposes.
  198         Section 4. The Agency for Health Care Administration is
  199  directed to include the rate impact of this act in the
  200  applicable Medicaid managed medical assistance program and long
  201  term care managed care program rates that become effective on
  202  October 1, 2024.
  203         Section 5. This act shall take effect October 1, 2024.