Florida Senate - 2014                      CS for CS for SB 1354
       
       
        
       By the Committees on Appropriations; and Banking and Insurance;
       and Senator Grimsley
       
       
       
       
       576-04535A-14                                         20141354c2
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 409.967,
    3         F.S.; revising contract requirements for Medicaid
    4         managed care programs; providing requirements for
    5         plans establishing a drug formulary or preferred drug
    6         list; requiring the use of a standardized prior
    7         authorization form; providing requirements for the
    8         form and for the availability and submission of the
    9         form; requiring a pharmacy benefits manager to use and
   10         accept the form under certain circumstances;
   11         establishing a process for providers to override
   12         certain treatment restrictions; providing requirements
   13         for approval of such overrides; providing an exception
   14         to the override protocol in certain circumstances;
   15         creating s. 627.42392, F.S.; requiring health insurers
   16         to use a standardized prior authorization form;
   17         providing requirements for the form and for the
   18         availability and submission of the form; requiring a
   19         pharmacy benefits manager to use and accept the form
   20         under certain circumstances; providing an exemption;
   21         creating s. 627.42393, F.S.; establishing a process
   22         for providers to override certain treatment
   23         restrictions; providing requirements for approval of
   24         such overrides; providing an exception to the override
   25         protocol in certain circumstances; providing an
   26         exemption; amending s. 627.6131, F.S.; prohibiting an
   27         insurer from retroactively denying a claim in certain
   28         circumstances; amending s. 627.6471, F.S.; requiring
   29         insurers to post preferred provider information on a
   30         website; specifying that changes to such a website
   31         must be made within a certain time; amending s.
   32         627.6515, F.S.; applying provisions relating to prior
   33         authorization and override protocols to out-of-state
   34         groups; amending s. 641.3155, F.S.; prohibiting a
   35         health maintenance organization from retroactively
   36         denying a claim in certain circumstances; creating s.
   37         641.393, F.S.; requiring the use of a standardized
   38         prior authorization form by a health maintenance
   39         organization; providing requirements for the
   40         availability and submission of the form; requiring a
   41         pharmacy benefits manager to use and accept the form
   42         under certain circumstances; providing an exemption;
   43         creating s. 641.394, F.S.; establishing a process for
   44         providers to override certain treatment restrictions;
   45         providing requirements for approval of such overrides;
   46         providing an exception to the override protocol in
   47         certain circumstances; providing an exemption;
   48         providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (c) of subsection (2) of section
   53  409.967, Florida Statutes, is amended to read:
   54         409.967 Managed care plan accountability.—
   55         (2) The agency shall establish such contract requirements
   56  as are necessary for the operation of the statewide managed care
   57  program. In addition to any other provisions the agency may deem
   58  necessary, the contract must require:
   59         (c) Access.—
   60         1. The agency shall establish specific standards for the
   61  number, type, and regional distribution of providers in managed
   62  care plan networks to ensure access to care for both adults and
   63  children. Each plan must maintain a regionwide network of
   64  providers in sufficient numbers to meet the access standards for
   65  specific medical services for all recipients enrolled in the
   66  plan. The exclusive use of mail-order pharmacies may not be
   67  sufficient to meet network access standards. Consistent with the
   68  standards established by the agency, provider networks may
   69  include providers located outside the region. A plan may
   70  contract with a new hospital facility before the date the
   71  hospital becomes operational if the hospital has commenced
   72  construction, will be licensed and operational by January 1,
   73  2013, and a final order has issued in any civil or
   74  administrative challenge. Each plan shall establish and maintain
   75  an accurate and complete electronic database of contracted
   76  providers, including information about licensure or
   77  registration, locations and hours of operation, specialty
   78  credentials and other certifications, specific performance
   79  indicators, and such other information as the agency deems
   80  necessary. The database must be available online to both the
   81  agency and the public and have the capability of comparing to
   82  compare the availability of providers to network adequacy
   83  standards and to accept and display feedback from each
   84  provider’s patients. Each plan shall submit quarterly reports to
   85  the agency identifying the number of enrollees assigned to each
   86  primary care provider.
   87         2. If establishing a prescribed drug formulary or preferred
   88  drug list, a managed care plan shall:
   89         a. Provide a broad range of therapeutic options for the
   90  treatment of disease states which are consistent with the
   91  general needs of an outpatient population. If feasible, the
   92  formulary or preferred drug list must include at least two
   93  products in a therapeutic class.
   94         b.Each managed care plan must Publish the any prescribed
   95  drug formulary or preferred drug list on the plan’s website in a
   96  manner that is accessible to and searchable by enrollees and
   97  providers. The plan shall must update the list within 24 hours
   98  after making a change. Each plan must ensure that the prior
   99  authorization process for prescribed drugs is readily accessible
  100  to health care providers, including posting appropriate contact
  101  information on its website and providing timely responses to
  102  providers.
  103         3. For enrollees Medicaid recipients diagnosed with
  104  hemophilia who have been prescribed anti-hemophilic-factor
  105  replacement products, the agency shall provide for those
  106  products and hemophilia overlay services through the agency’s
  107  hemophilia disease management program.
  108         3. Managed care plans, and their fiscal agents or
  109  intermediaries, must accept prior authorization requests for any
  110  service electronically.
  111         4. Notwithstanding any other law, in order to establish
  112  uniformity in the submission of prior authorization forms,
  113  effective January 1, 2015, a managed care plan shall use a
  114  single standardized form for obtaining prior authorization for a
  115  medical procedure, course of treatment, or prescription drug
  116  benefit. The form may not exceed two pages in length, excluding
  117  any instructions or guiding documentation.
  118         a. The managed care plan shall make the form available
  119  electronically and online to practitioners. The prescribing
  120  provider may electronically submit the completed prior
  121  authorization form to the managed care plan.
  122         b. If the managed care plan contracts with a pharmacy
  123  benefits manager to perform prior authorization services for a
  124  medical procedure, course of treatment, or prescription drug
  125  benefit, the pharmacy benefits manager must use and accept the
  126  standardized prior authorization form.
  127         c. A completed prior authorization request submitted by a
  128  health care provider using the standardized prior authorization
  129  form is deemed approved upon receipt by the managed care plan
  130  unless the managed care plan responds otherwise within 3
  131  business days.
  132         5. If medications for the treatment of a medical condition
  133  are restricted for use by a managed care plan by a step-therapy
  134  or fail-first protocol, the prescribing provider must have
  135  access to a clear and convenient process to request an override
  136  of the protocol from the managed care plan.
  137         a. The managed care plan shall grant an override within 72
  138  hours if the prescribing provider documents that:
  139         (I) Based on sound clinical evidence, the preferred
  140  treatment required under the step-therapy or fail-first protocol
  141  has been ineffective in the treatment of the enrollee’s disease
  142  or medical condition; or
  143         (II) Based on sound clinical evidence or medical and
  144  scientific evidence, the preferred treatment required under the
  145  step-therapy or fail-first protocol:
  146         (A) Is expected or is likely to be ineffective based on
  147  known relevant physical or mental characteristics of the
  148  enrollee and known characteristics of the drug regimen; or
  149         (B) Will cause or will likely cause an adverse reaction or
  150  other physical harm to the enrollee.
  151         b. If the prescribing provider allows the enrollee to enter
  152  the step-therapy or fail-first protocol recommended by the
  153  managed care plan, the duration of the step-therapy or fail
  154  first protocol may not exceed the customary period for use of
  155  the medication if the prescribing provider demonstrates such
  156  treatment to be clinically ineffective. If the managed care plan
  157  can, through sound clinical evidence, demonstrate that the
  158  originally prescribed medication is likely to require more than
  159  the customary period to provide any relief or amelioration to
  160  the enrollee, the step-therapy or fail-first protocol may be
  161  extended for an additional period, but no longer than the
  162  original customary period for use of the medication.
  163  Notwithstanding this provision, a step-therapy or fail-first
  164  protocol shall be terminated if the prescribing provider
  165  determines that the enrollee is having an adverse reaction or is
  166  suffering from other physical harm resulting from the use of the
  167  medication.
  168         Section 2. Section 627.42392, Florida Statutes, is created
  169  to read:
  170         627.42392 Prior authorization.—
  171         (1) Notwithstanding any other law, in order to establish
  172  uniformity in the submission of prior authorization forms,
  173  effective January 1, 2015, a health insurer that delivers,
  174  issues for delivery, renews, amends, or continues an individual
  175  or group health insurance policy in this state, including a
  176  policy issued to a small employer as defined in s. 627.6699,
  177  shall use a single standardized form for obtaining prior
  178  authorization for a medical procedure, course of treatment, or
  179  prescription drug benefit. The form may not exceed two pages in
  180  length, excluding any instructions or guiding documentation.
  181         (a)The health insurer shall make the form available
  182  electronically and online to practitioners. The prescribing
  183  provider may submit the completed prior authorization form
  184  electronically to the health insurer.
  185         (b) If the health insurer contracts with a pharmacy
  186  benefits manager to perform prior authorization services for a
  187  medical procedure, course of treatment, or prescription drug
  188  benefit, the pharmacy benefits manager must use and accept the
  189  standardized prior authorization form.
  190         (c)A completed prior authorization request submitted by a
  191  health care provider using the standardized prior authorization
  192  form is deemed approved upon receipt by the health insurer
  193  unless the health insurer responds otherwise within 3 business
  194  days.
  195         (2) This section does not apply to a grandfathered health
  196  plan as defined in s. 627.402.
  197         Section 3. Section 627.42393, Florida Statutes, is created
  198  to read:
  199         627.42393 Medication protocol override.—If an individual or
  200  group health insurance policy, including a policy issued by a
  201  small employer as defined in s. 627.6699, restricts medications
  202  for the treatment of a medical condition by a step-therapy or
  203  fail-first protocol, the prescribing provider must have access
  204  to a clear and convenient process to request an override of the
  205  protocol from the health insurer.
  206         (1) The health insurer shall authorize an override of the
  207  protocol within 72 hours if the prescribing provider documents
  208  that:
  209         (a) Based on sound clinical evidence, the preferred
  210  treatment required under the step-therapy or fail-first protocol
  211  has been ineffective in the treatment of the insured’s disease
  212  or medical condition; or
  213         (b) Based on sound clinical evidence or medical and
  214  scientific evidence, the preferred treatment required under the
  215  step-therapy or fail-first protocol:
  216         1. Is expected or is likely to be ineffective based on
  217  known relevant physical or mental characteristics of the insured
  218  and known characteristics of the drug regimen; or
  219         2.Will cause or is likely to cause an adverse reaction or
  220  other physical harm to the insured.
  221         (2) If the prescribing provider allows the insured to enter
  222  the step-therapy or fail-first protocol recommended by the
  223  health insurer, the duration of the step-therapy or fail-first
  224  protocol may not exceed the customary period for use of the
  225  medication if the prescribing provider demonstrates such
  226  treatment to be clinically ineffective. If the health insurer
  227  can, through sound clinical evidence, demonstrate that the
  228  originally prescribed medication is likely to require more than
  229  the customary period for such medication to provide any relief
  230  or amelioration to the insured, the step-therapy or fail-first
  231  protocol may be extended for an additional period of time, but
  232  no longer than the original customary period for the medication.
  233  Notwithstanding this provision, a step-therapy or fail-first
  234  protocol shall be terminated if the prescribing provider
  235  determines that the insured is having an adverse reaction or is
  236  suffering from other physical harm resulting from the use of the
  237  medication.
  238         (3) This section does not apply to grandfathered health
  239  plans, as defined in s. 627.402.
  240         Section 4. Subsection (11) of section 627.6131, Florida
  241  Statutes, is amended to read:
  242         627.6131 Payment of claims.—
  243         (11) A health insurer may not retroactively deny a claim
  244  because of insured ineligibility:
  245         (a) More than 1 year after the date of payment of the
  246  claim; or
  247         (b) If, under a policy compliant with the federal Patient
  248  Protection and Affordable Care Act, as amended by the Health
  249  Care and Education Reconciliation Act of 2010, and the
  250  regulations adopted pursuant to those acts, the health insurer
  251  verified the eligibility of the insured at the time of treatment
  252  and provided an authorization number, unless, at the time
  253  eligibility was verified, the provider was notified that the
  254  insured was delinquent in paying the premium.
  255         Section 5. Subsection (2) of section 627.6471, Florida
  256  Statutes, is amended to read:
  257         627.6471 Contracts for reduced rates of payment;
  258  limitations; coinsurance and deductibles.—
  259         (2) An Any insurer issuing a policy of health insurance in
  260  this state, which insurance includes coverage for the services
  261  of a preferred provider shall, must provide each policyholder
  262  and certificateholder with a current list of preferred
  263  providers, shall and must make the list available for public
  264  inspection during regular business hours at the principal office
  265  of the insurer within the state, and shall post a link to the
  266  list of preferred providers on the home page of the insurer’s
  267  website. Changes to the list of preferred providers must be
  268  reflected on the insurer’s website within 24 hours.
  269         Section 6. Paragraph (c) of subsection (2) of section
  270  627.6515, Florida Statutes, is amended to read:
  271         627.6515 Out-of-state groups.—
  272         (2) Except as otherwise provided in this part, this part
  273  does not apply to a group health insurance policy issued or
  274  delivered outside this state under which a resident of this
  275  state is provided coverage if:
  276         (c) The policy provides the benefits specified in ss.
  277  627.419, 627.42392, 627.42393, 627.6574, 627.6575, 627.6579,
  278  627.6612, 627.66121, 627.66122, 627.6613, 627.667, 627.6675,
  279  627.6691, and 627.66911, and complies with the requirements of
  280  s. 627.66996.
  281         Section 7. Subsection (10) of section 641.3155, Florida
  282  Statutes, is amended to read:
  283         641.3155 Prompt payment of claims.—
  284         (10) A health maintenance organization may not
  285  retroactively deny a claim because of subscriber ineligibility:
  286         (a) More than 1 year after the date of payment of the
  287  claim; or
  288         (b) If, under a policy in compliance with the federal
  289  Patient Protection and Affordable Care Act, as amended by the
  290  Health Care and Education Reconciliation Act of 2010, and the
  291  regulations adopted pursuant to those acts, the health
  292  maintenance organization verified the eligibility of the
  293  subscriber at the time of treatment and provided an
  294  authorization number, unless, at the time eligibility was
  295  verified, the provider was notified that the subscriber was
  296  delinquent in paying the premium.
  297         Section 8. Section 641.393, Florida Statutes, is created to
  298  read:
  299         641.393 Prior authorization.—Notwithstanding any other law,
  300  in order to establish uniformity in the submission of prior
  301  authorization forms, effective January 1, 2015, a health
  302  maintenance organization shall use a single standardized form
  303  for obtaining prior authorization for prescription drug
  304  benefits. The form may not exceed two pages in length, excluding
  305  any instructions or guiding documentation.
  306         (1) A health maintenance organization shall make the form
  307  available electronically and online to practitioners. A health
  308  care provider may electronically submit the completed form to
  309  the health maintenance organization.
  310         (2) If a health maintenance organization contracts with a
  311  pharmacy benefits manager to perform prior authorization
  312  services for prescription drug benefits, the pharmacy benefits
  313  manager must use and accept the standardized prior authorization
  314  form.
  315         (3) A completed prior authorization request submitted by a
  316  health care provider using the standardized prior authorization
  317  form required under this section is deemed approved upon receipt
  318  by the health maintenance organization unless the health
  319  maintenance organization responds otherwise within 3 business
  320  days.
  321         (4) This section does not apply to grandfathered health
  322  plans, as defined in s. 627.402.
  323         Section 9. Section 641.394, Florida Statutes, is created to
  324  read:
  325         641.394 Medication protocol override.—If a health
  326  maintenance organization contract restricts medications for the
  327  treatment of a medical condition by a step-therapy or fail-first
  328  protocol, the prescribing provider shall have access to a clear
  329  and convenient process to request an override of the protocol
  330  from the health maintenance organization.
  331         (1) The health maintenance organization shall grant an
  332  override within 72 hours if the prescribing provider documents
  333  that:
  334         (a) Based on sound clinical evidence, the preferred
  335  treatment required under the step-therapy or fail-first protocol
  336  has been ineffective in the treatment of the subscriber’s
  337  disease or medical condition; or
  338         (b) Based on sound clinical evidence or medical and
  339  scientific evidence, the preferred treatment required under the
  340  step-therapy or fail-first protocol:
  341         1. Is expected or is likely to be ineffective based on
  342  known relevant physical or mental characteristics of the
  343  subscriber and known characteristics of the drug regimen; or
  344         2.Will cause or is likely to cause an adverse reaction or
  345  other physical harm to the subscriber.
  346         (2) If the prescribing provider allows the subscriber to
  347  enter the step-therapy or fail-first protocol recommended by the
  348  health maintenance organization, the duration of the step
  349  therapy or fail-first protocol may not exceed the customary
  350  period for use of the medication if the prescribing provider
  351  demonstrates such treatment to be clinically ineffective. If the
  352  health maintenance organization can, through sound clinical
  353  evidence, demonstrate that the originally prescribed medication
  354  is likely to require more than the customary period to provide
  355  any relief or amelioration to the subscriber, the step-therapy
  356  or fail-first protocol may be extended for an additional period,
  357  but no longer than the original customary period for use of the
  358  medication. Notwithstanding this provision, a step-therapy or
  359  fail-first protocol shall be terminated if the prescribing
  360  provider determines that the subscriber is having an adverse
  361  reaction or is suffering from other physical harm resulting from
  362  the use of the medication.
  363         (3)This section does not apply to grandfathered health
  364  plans, as defined in s. 627.402.
  365         Section 10. This act shall take effect July 1, 2014.