Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for HB 161
       
       
       
       
       
       
                                Ì104498OÎ104498                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/04/2017 08:31 PM       .                                
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       Senator Steube moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 17
    4  insert:
    5         Section 1. Subsection (11) of section 627.6131, Florida
    6  Statutes, is amended to read:
    7         627.6131 Payment of claims.—
    8         (11) A health insurer may not retroactively deny a claim
    9  because of insured ineligibility:
   10         (a)At any time, if the health insurer verified the
   11  eligibility of an insured at the time of treatment and provided
   12  an authorization number. This paragraph applies to policies
   13  entered into or renewed on or after January 1, 2018.
   14         (b) More than 1 year after the date of payment of the
   15  claim.
   16         Section 2. Subsection (10) of section 641.3155, Florida
   17  Statutes, is amended to read:
   18         641.3155 Prompt payment of claims.—
   19         (10) A health maintenance organization may not
   20  retroactively deny a claim because of subscriber ineligibility:
   21         (a)At any time, if the health maintenance organization
   22  verified the eligibility of a subscriber at the time of
   23  treatment and provided an authorization number. This paragraph
   24  applies to contracts entered into or renewed on or after January
   25  1, 2018. This paragraph does not apply to Medicaid managed care
   26  plans pursuant to part IV of chapter 409.
   27         (b) More than 1 year after the date of payment of the
   28  claim.
   29         Section 3. Section 627.42392, Florida Statutes, is amended
   30  to read:
   31         627.42392 Prior authorization.—
   32         (1) As used in this section, the term:
   33         (a) “Health insurer” means an authorized insurer offering
   34  an individual or group insurance policy that provides major
   35  medical or similar comprehensive coverage health insurance as
   36  defined in s. 624.603, a managed care plan as defined in s.
   37  409.962(10) s. 409.962(9), or a health maintenance organization
   38  as defined in s. 641.19(12).
   39         (b)“Urgent care situation” has the same meaning as s.
   40  627.42393.
   41         (2) Notwithstanding any other provision of law, effective
   42  January 1, 2017, or six (6) months after the effective date of
   43  the rule adopting the prior authorization form, whichever is
   44  later, a health insurer, or a pharmacy benefits manager on
   45  behalf of the health insurer, which does not provide an
   46  electronic prior authorization process for use by its contracted
   47  providers, shall only use the prior authorization form that has
   48  been approved by the Financial Services Commission for granting
   49  a prior authorization for a medical procedure, course of
   50  treatment, or prescription drug benefit. Such form may not
   51  exceed two pages in length, excluding any instructions or
   52  guiding documentation, and must include all clinical
   53  documentation necessary for the health insurer to make a
   54  decision. At a minimum, the form must include: (1) sufficient
   55  patient information to identify the member, date of birth, full
   56  name, and Health Plan ID number; (2) provider name, address and
   57  phone number; (3) the medical procedure, course of treatment, or
   58  prescription drug benefit being requested, including the medical
   59  reason therefor, and all services tried and failed; (4) any
   60  laboratory documentation required; and (5) an attestation that
   61  all information provided is true and accurate. The form, whether
   62  in electronic or paper format, may not require information that
   63  is not necessary for the determination of medical necessity of,
   64  or coverage for, the requested medical procedure, course of
   65  treatment, or prescription drug.
   66         (3) The Financial Services Commission in consultation with
   67  the Agency for Health Care Administration shall adopt by rule
   68  guidelines for all prior authorization forms which ensure the
   69  general uniformity of such forms.
   70         (4) Electronic prior authorization approvals do not
   71  preclude benefit verification or medical review by the insurer
   72  under either the medical or pharmacy benefits.
   73         (5)A health insurer or a pharmacy benefits manager on
   74  behalf of the health insurer must provide the following
   75  information in writing or in an electronic format upon request,
   76  and on a publicly accessible Internet website:
   77         (a)Detailed descriptions of requirements and restrictions
   78  to obtain prior authorization for coverage of a medical
   79  procedure, course of treatment, or prescription drug in clear,
   80  easily understandable language. Clinical criteria must be
   81  described in language easily understandable by a health care
   82  provider.
   83         (b)Prior authorization forms.
   84         (6)A health insurer or a pharmacy benefits manager on
   85  behalf of the health insurer may not implement any new
   86  requirements or restrictions or make changes to existing
   87  requirements or restrictions to obtain prior authorization
   88  unless:
   89         (a)The changes have been available on a publicly
   90  accessible Internet website at least 60 days before the
   91  implementation of the changes.
   92         (b)Policyholders and health care providers who are
   93  affected by the new requirements and restrictions or changes to
   94  the requirements and restrictions are provided with a written
   95  notice of the changes at least 60 days before the changes are
   96  implemented. Such notice may be delivered electronically or by
   97  other means as agreed to by the insured or health care provider.
   98  
   99  This subsection does not apply to expansion of health care
  100  services coverage.
  101         (7)A health insurer or a pharmacy benefits manager on
  102  behalf of the health insurer must authorize or deny a prior
  103  authorization request and notify the patient and the patient’s
  104  treating health care provider of the decision within:
  105         (a)Seventy-two hours of obtaining a completed prior
  106  authorization form for nonurgent care situations.
  107         (b)Twenty-four hours of obtaining a completed prior
  108  authorization form for urgent care situations.
  109         Section 4. Section 627.42393, Florida Statutes, is created
  110  to read:
  111         627.42393Fail-first protocols.—
  112         (1)As used in this section, the term:
  113         (a)“Fail-first protocol” means a written protocol that
  114  specifies the order in which a certain medical procedure, course
  115  of treatment, or prescription drug must be used to treat an
  116  insured’s condition.
  117         (b)“Health insurer” has the same meaning as provided in s.
  118  627.42392.
  119         (c)“Preceding prescription drug or medical treatment”
  120  means a medical procedure, course of treatment, or prescription
  121  drug that must be used pursuant to a health insurer’s fail-first
  122  protocol as a condition of coverage under a health insurance
  123  policy or a health maintenance contract to treat an insured’s
  124  condition.
  125         (d)“Protocol exception” means a determination by a health
  126  insurer that a fail-first protocol is not medically appropriate
  127  or indicated for treatment of an insured’s condition and the
  128  health insurer authorizes the use of another medical procedure,
  129  course of treatment, or prescription drug prescribed or
  130  recommended by the treating health care provider for the
  131  insured’s condition.
  132         (e)“Urgent care situation” means an injury or condition of
  133  an insured which, if medical care and treatment is not provided
  134  earlier than the time generally considered by the medical
  135  profession to be reasonable for a nonurgent situation, in the
  136  opinion of the insured’s treating physician, would:
  137         1.Seriously jeopardize the insured’s life, health, or
  138  ability to regain maximum function; or
  139         2.Subject the insured to severe pain that cannot be
  140  adequately managed.
  141         (2)A health insurer must publish on its website, and
  142  provide to an insured in writing, a procedure for an insured and
  143  health care provider to request a protocol exception. The
  144  procedure must include:
  145         (a)A description of the manner in which an insured or
  146  health care provider may request a protocol exception.
  147         (b)The manner and timeframe in which the health insurer is
  148  required to authorize or deny a protocol exception request or
  149  respond to an appeal to a health insurer’s authorization or
  150  denial of a request.
  151         (c)The conditions in which the protocol exception request
  152  must be granted.
  153         (3)(a)The health insurer must authorize or deny a protocol
  154  exception request or respond to an appeal to a health insurer’s
  155  authorization or denial of a request within:
  156         1.Seventy-two hours of obtaining a completed prior
  157  authorization form for nonurgent care situations.
  158         2.Twenty-four hours of obtaining a completed prior
  159  authorization form for urgent care situations.
  160         (b)An authorization of the request must specify the
  161  approved medical procedure, course of treatment, or prescription
  162  drug benefits.
  163         (c)A denial of the request must include a detailed,
  164  written explanation of the reason for the denial, the clinical
  165  rationale that supports the denial, and the procedure to appeal
  166  the health insurer’s determination.
  167         (4)A health insurer must grant a protocol exception
  168  request if:
  169         (a)A preceding prescription drug or medical treatment is
  170  contraindicated or will likely cause an adverse reaction or
  171  physical or mental harm to the insured;
  172         (b)A preceding prescription drug is expected to be
  173  ineffective, based on the medical history of the insured and the
  174  clinical evidence of the characteristics of the preceding
  175  prescription drug or medical treatment;
  176         (c)The insured has previously received a preceding
  177  prescription drug or medical treatment that is in the same
  178  pharmacologic class or has the same mechanism of action, and
  179  such drug or treatment lacked efficacy or effectiveness or
  180  adversely affected the insured; or
  181         (d)A preceding prescription drug or medical treatment is
  182  not in the best interest of the insured because the insured’s
  183  use of such drug or treatment is expected to:
  184         1.Cause a significant barrier to the insured’s adherence
  185  to or compliance with the insured’s plan of care;
  186         2.Worsen an insured’s medical condition that exists
  187  simultaneously but independently with the condition under
  188  treatment; or
  189         3.Decrease the insured’s ability to achieve or maintain
  190  his or her ability to perform daily activities.
  191         (5)The health insurer may request a copy of relevant
  192  documentation from the insured’s medical record in support of a
  193  protocol exception request.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete line 2
  198  and insert:
  199         An act relating to health care; amending s. 627.6131,
  200         F.S.; prohibiting a health insurer from retroactively
  201         denying a claim under specified circumstances;
  202         providing applicability; amending s. 641.3155, F.S.;
  203         prohibiting a health maintenance organization from
  204         retroactively denying a claim under specified
  205         circumstances; providing applicability; exempting
  206         certain Medicaid managed care plans; amending s.
  207         627.42392, F.S.; revising and providing definitions;
  208         revising criteria for prior authorization forms;
  209         requiring health insurers and pharmacy benefits
  210         managers on behalf of health insurers to provide
  211         certain information relating to prior authorization in
  212         a specified manner; prohibiting such insurers and
  213         pharmacy benefits managers from implementing or making
  214         changes to requirements or restrictions to obtain
  215         prior authorization, except under certain
  216         circumstances; providing applicability; requiring such
  217         insurers or pharmacy benefits managers to authorize or
  218         deny prior authorization requests and provide certain
  219         notices within specified timeframes; creating s.
  220         627.42393, F.S.; providing definitions; requiring
  221         health insurers to publish on their websites and
  222         provide in writing to insureds a specified procedure
  223         to obtain protocol exceptions; specifying timeframes
  224         in which health insurers must authorize or deny
  225         protocol exception requests and respond to an appeal
  226         to a health insurer’s authorization or denial of a
  227         request; requiring authorizations or denials to
  228         specify certain information; providing circumstances
  229         in which health insurers must grant a protocol
  230         exception request; authorizing health insurers to
  231         request documentation in support of a protocol
  232         exception request;