Florida Senate - 2020                                     SB 820
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00241C-20                                           2020820__
    1                        A bill to be entitled                      
    2         An act relating to health insurance prior
    3         authorization; amending s. 627.4239, F.S.; defining
    4         the terms “associated condition” and “health care
    5         provider”; prohibiting health maintenance
    6         organizations from excluding coverage for certain
    7         cancer treatment drugs; prohibiting health insurers
    8         and health maintenance organizations from requiring,
    9         before providing prescription drug coverage for the
   10         treatment of stage 4 metastatic cancer and associated
   11         conditions, that treatment has failed with a different
   12         drug; providing applicability; prohibiting insurers
   13         and health maintenance organizations from excluding
   14         coverage for certain drugs on certain grounds;
   15         revising construction; amending s. 627.42392, F.S.;
   16         revising the definition of the term “health insurer”;
   17         defining the term “urgent care situation”; specifying
   18         a requirement for the prior authorization form adopted
   19         by the Financial Services Commission by rule;
   20         authorizing the commission to adopt certain rules;
   21         specifying requirements for, and restrictions on,
   22         health insurers and pharmacy benefits managers
   23         relating to prior authorization information,
   24         requirements, restrictions, and changes; providing
   25         applicability; specifying timeframes in which prior
   26         authorization requests must be authorized or denied
   27         and the patient and the patient’s provider must be
   28         notified; amending s. 627.42393, F.S.; defining terms;
   29         requiring health insurers to provide and disclose
   30         procedures for insureds to request exceptions to step
   31         therapy protocols; specifying requirements for such
   32         procedures and disclosures; requiring health insurers
   33         to authorize or deny protocol exception requests and
   34         respond to certain appeals within specified
   35         timeframes; specifying required information in
   36         authorizations and denials of such requests; requiring
   37         health insurers to grant a protocol exception request
   38         under specified circumstances; authorizing health
   39         insurers to request certain documentation; conforming
   40         provisions to changes made by the act; amending s.
   41         627.6131, F.S.; prohibiting health insurers, under
   42         certain circumstances, from retroactively denying a
   43         claim at any time because of insured ineligibility;
   44         prohibiting health insurers from imposing an
   45         additional prior authorization requirement with
   46         respect to certain surgical or invasive procedures or
   47         certain items; amending s. 641.31, F.S.; defining
   48         terms; requiring health maintenance organizations to
   49         provide and disclose procedures for subscribers to
   50         request exceptions to step-therapy protocols;
   51         specifying requirements for such procedures and
   52         disclosures; requiring health maintenance
   53         organizations to authorize or deny protocol exception
   54         requests and respond to certain appeals within
   55         specified timeframes; specifying required information
   56         in authorizations and denials of such requests;
   57         requiring health maintenance organizations to grant a
   58         protocol exception request under specified
   59         circumstances; authorizing health maintenance
   60         organizations to request certain documentation;
   61         conforming provisions to changes made by the act;
   62         amending s. 641.3155, F.S.; prohibiting health
   63         maintenance organizations, under certain
   64         circumstances, from retroactively denying a claim at
   65         any time because of subscriber ineligibility; amending
   66         s. 641.3156, F.S.; prohibiting health maintenance
   67         organizations from imposing an additional prior
   68         authorization requirement with respect to certain
   69         surgical or invasive procedures or certain items;
   70         providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Section 627.4239, Florida Statutes, is amended
   75  to read:
   76         627.4239 Coverage for use of drugs in treatment of cancer.—
   77         (1) DEFINITIONS.—As used in this section, the term:
   78         (a)“Associated condition” means a symptom or side effect
   79  that:
   80         1.Is associated with a particular cancer at a particular
   81  stage or with the treatment of that cancer; and
   82         2.In the judgment of a health care provider, will further
   83  jeopardize the health of a patient if left untreated. As used in
   84  this subparagraph, the term “health care provider” means a
   85  physician licensed under chapter 458, chapter 459, or chapter
   86  461, a physician assistant licensed under chapter 458 or chapter
   87  459, an advanced practice registered nurse licensed under
   88  chapter 464, or a dentist licensed under chapter 466.
   89         (b)(a) “Medical literature” means scientific studies
   90  published in a United States peer-reviewed national professional
   91  journal.
   92         (c)(b) “Standard reference compendium” means authoritative
   93  compendia identified by the Secretary of the United States
   94  Department of Health and Human Services and recognized by the
   95  federal Centers for Medicare and Medicaid Services.
   96         (2) COVERAGE FOR TREATMENT OF CANCER.—
   97         (a) An insurer or a health maintenance organization may not
   98  exclude coverage in any individual or group health insurance
   99  policy or health maintenance contract issued, amended,
  100  delivered, or renewed in this state which covers the treatment
  101  of cancer for any drug prescribed for the treatment of cancer on
  102  the ground that the drug is not approved by the United States
  103  Food and Drug Administration for a particular indication, if
  104  that drug is recognized for treatment of that indication in a
  105  standard reference compendium or recommended in the medical
  106  literature.
  107         (b)Coverage for a drug required by this section also
  108  includes the medically necessary services associated with the
  109  administration of the drug.
  110         (3)COVERAGE FOR TREATMENT OF STAGE 4 METASTATIC CANCER AND
  111  ASSOCIATED CONDITIONS.—
  112         (a)An insurer or a health maintenance organization may not
  113  require in any individual or group health insurance policy or
  114  health maintenance contract issued, amended, delivered, or
  115  renewed in this state which covers the treatment of stage 4
  116  metastatic cancer and its associated conditions that, before a
  117  drug prescribed for the treatment is covered, the insured or
  118  subscriber fail or have previously failed to respond
  119  successfully to a different drug.
  120         (b)Paragraph (a) applies to a drug that is recognized for
  121  the treatment of such stage 4 metastatic cancer or its
  122  associated conditions, as applicable, in a standard reference
  123  compendium or that is recommended in the medical literature. The
  124  insurer or health maintenance organization may not exclude
  125  coverage for such drug on the ground that the drug is not
  126  approved by the United States Food and Drug Administration for
  127  such stage 4 metastatic cancer or its associated conditions, as
  128  applicable.
  129         (4)COVERAGE FOR SERVICES ASSOCIATED WITH DRUG
  130  ADMINISTRATION.—Coverage for a drug required by this section
  131  also includes the medically necessary services associated with
  132  the administration of the drug.
  133         (5)(3) APPLICABILITY AND SCOPE.—This section may not be
  134  construed to:
  135         (a) Alter any other law with regard to provisions limiting
  136  coverage for drugs that are not approved by the United States
  137  Food and Drug Administration, except for drugs for the treatment
  138  of stage 4 metastatic cancer or its associated conditions.
  139         (b) Require coverage for any drug, except for a drug for
  140  the treatment of stage 4 metastatic cancer or its associated
  141  conditions, if the United States Food and Drug Administration
  142  has determined that the use of the drug is contraindicated.
  143         (c) Require coverage for a drug that is not otherwise
  144  approved for any indication by the United States Food and Drug
  145  Administration, except for a drug for the treatment of stage 4
  146  metastatic cancer or its associated conditions.
  147         (d) Affect the determination as to whether particular
  148  levels, dosages, or usage of a medication associated with bone
  149  marrow transplant procedures are covered under an individual or
  150  group health insurance policy or health maintenance organization
  151  contract.
  152         (e) Apply to specified disease or supplemental policies.
  153         (f)(4)Nothing in this section is intended, Expressly or by
  154  implication, to create, impair, alter, limit, modify, enlarge,
  155  abrogate, prohibit, or withdraw any authority to provide
  156  reimbursement for drugs used in the treatment of any other
  157  disease or condition.
  158         Section 2. Section 627.42392, Florida Statutes, is amended
  159  to read:
  160         627.42392 Prior authorization.—
  161         (1) As used in this section, the term:
  162         (a) “Health insurer” means an authorized insurer offering
  163  an individual or group health insurance policy that provides
  164  major medical or similar comprehensive coverage health insurance
  165  as defined in s. 624.603, a managed care plan as defined in s.
  166  409.962(10), or a health maintenance organization as defined in
  167  s. 641.19(12).
  168         (b)“Urgent care situation” has the same meaning as
  169  provided in s. 627.42393(1).
  170         (2) Notwithstanding any other provision of law, effective
  171  January 1, 2017, or six (6) months after the effective date of
  172  the rule adopting the prior authorization form, whichever is
  173  later, a health insurer, or a pharmacy benefits manager on
  174  behalf of the health insurer, which does not provide an
  175  electronic prior authorization process for use by its contracted
  176  providers, shall only use the prior authorization form that has
  177  been approved by the Financial Services Commission for granting
  178  a prior authorization for a medical procedure, course of
  179  treatment, or prescription drug benefit. Such form may not
  180  exceed two pages in length, excluding any instructions or
  181  guiding documentation, and must include all clinical
  182  documentation necessary for the health insurer to make a
  183  decision. At a minimum, the form must include:
  184         (a)(1) Sufficient patient information to identify the
  185  member, his or her date of birth, full name, and Health Plan ID
  186  number;
  187         (b)(2)The provider’s provider name, address, and phone
  188  number;
  189         (c)(3) The medical procedure, course of treatment, or
  190  prescription drug benefit being requested, including the medical
  191  reason therefor, and all services tried and failed;
  192         (d)(4) Any laboratory documentation required; and
  193         (e)(5) An attestation that all information provided is true
  194  and accurate.
  195  
  196  The form, whether in electronic or paper format, must require
  197  only information that is necessary for the determination of
  198  medical necessity of, or coverage for, the requested medical
  199  procedure, course of treatment, or prescription drug benefit.
  200  The commission may adopt rules prescribing such necessary
  201  information.
  202         (3) The Financial Services Commission, in consultation with
  203  the Agency for Health Care Administration, shall adopt by rule
  204  guidelines for all prior authorization forms which ensure the
  205  general uniformity of such forms.
  206         (4) Electronic prior authorization approvals do not
  207  preclude benefit verification or medical review by the insurer
  208  under either the medical or pharmacy benefits.
  209         (5)A health insurer, or a pharmacy benefits manager on
  210  behalf of the health insurer, shall provide upon request the
  211  following information in writing or in an electronic format and
  212  publish it on a publicly accessible website:
  213         (a)Detailed descriptions in clear, easily understandable
  214  language of the requirements for, and restrictions on, obtaining
  215  prior authorization for coverage of a medical procedure, course
  216  of treatment, or prescription drug. Clinical criteria must be
  217  described in language a health care provider can easily
  218  understand.
  219         (b)Prior authorization forms.
  220         (6)A health insurer, or a pharmacy benefits manager on
  221  behalf of the health insurer, may not implement any new
  222  requirements or restrictions or make changes to existing
  223  requirements or restrictions on obtaining prior authorization
  224  unless:
  225         (a)The changes have been available on a publicly
  226  accessible website for at least 60 days before they are
  227  implemented; and
  228         (b)Policyholders and health care providers who are
  229  affected by the new requirements and restrictions or changes to
  230  the requirements and restrictions are provided with a written
  231  notice of the changes at least 60 days before they are
  232  implemented. Such notice may be delivered electronically or by
  233  other means as agreed to by the insured or the health care
  234  provider.
  235  
  236  This subsection does not apply to the expansion of health care
  237  services coverage.
  238         (7)A health insurer, or a pharmacy benefits manager on
  239  behalf of the health insurer, must authorize or deny a prior
  240  authorization request and notify the patient and the patient’s
  241  treating health care provider of the decision within:
  242         (a)Seventy-two hours after receiving a completed prior
  243  authorization form for nonurgent care situations.
  244         (b)Twenty-four hours after receiving a completed prior
  245  authorization form for urgent care situations.
  246         Section 3. Section 627.42393, Florida Statutes, is amended
  247  to read:
  248         627.42393 Step-therapy protocol restrictions and
  249  exceptions.—
  250         (1) DEFINITIONS.—As used in this section, the term:
  251         (a)Health coverage plan” means any of the following which
  252  is currently or was previously providing major medical or
  253  similar comprehensive coverage or benefits to the insured:
  254         1. A health insurer or health maintenance organization.
  255         2. A plan established or maintained by an individual
  256  employer as provided by the Employee Retirement Income Security
  257  Act of 1974, Pub. L. No. 93-406.
  258         3. A multiple-employer welfare arrangement as defined in s.
  259  624.437.
  260         4. A governmental entity providing a plan of self
  261  insurance.
  262         (b)“Health insurer” has the same meaning as provided in s.
  263  627.42392.
  264         (c)“Preceding prescription drug or medical treatment”
  265  means a prescription drug, medical procedure, or course of
  266  treatment that must be used pursuant to a health insurer’s step
  267  therapy protocol as a condition of coverage under a health
  268  insurance policy to treat an insured’s condition.
  269         (d)“Protocol exception” means a determination by a health
  270  insurer that a step-therapy protocol is not medically
  271  appropriate or indicated for treatment of an insured’s
  272  condition, and the health insurer authorizes the use of another
  273  medical procedure, course of treatment, or prescription drug
  274  prescribed or recommended by the treating health care provider
  275  for the insured’s condition.
  276         (e)Step-therapy protocol” means a written protocol that
  277  specifies the order in which certain medical procedures, courses
  278  of treatment, or prescription drugs must be used to treat an
  279  insured’s condition.
  280         (f)“Urgent care situation” means an injury or condition of
  281  an insured which, if medical care and treatment are not provided
  282  earlier than the time the medical profession generally considers
  283  reasonable for a nonurgent situation, in the opinion of the
  284  insured’s treating physician, physician assistant, or advanced
  285  practice registered nurse, would:
  286         1.Seriously jeopardize the insured’s life, health, or
  287  ability to regain maximum function; or
  288         2.Subject the insured to severe pain that cannot be
  289  adequately managed.
  290         (2)STEP-THERAPY PROTOCOL RESTRICTIONS.—In addition to
  291  protocol exceptions granted under subsection (3) and the
  292  restriction under s. 627.4239(3), a health insurer issuing a
  293  major medical individual or group policy may not require a step
  294  therapy protocol under the policy for a covered prescription
  295  drug requested by an insured if:
  296         (a) The insured has previously been approved to receive the
  297  prescription drug through the completion of a step-therapy
  298  protocol required by a separate health coverage plan; and
  299         (b) The insured provides documentation originating from the
  300  health coverage plan that approved the prescription drug as
  301  described in paragraph (a) indicating that the health coverage
  302  plan paid for the drug on the insured’s behalf during the 90
  303  days immediately before the request.
  304         (3)STEP-THERAPY PROTOCOL EXCEPTIONS; REQUIREMENTS AND
  305  PROCEDURES.—
  306         (a)A health insurer shall publish on its website and
  307  provide to an insured in writing a procedure for the insured and
  308  his or her health care provider to request a protocol exception.
  309  The procedure must include:
  310         1.The manner in which an insured or health care provider
  311  may request a protocol exception.
  312         2.The manner and timeframe in which the health insurer is
  313  required to authorize or deny a protocol exception request or to
  314  respond to an appeal of the health insurer’s authorization or
  315  denial of a request.
  316         3.The conditions under which the protocol exception
  317  request must be granted.
  318         (b)1.A health insurer must authorize or deny a protocol
  319  exception request or respond to an appeal of a health insurer’s
  320  authorization or denial of a request within:
  321         a.Seventy-two hours after receiving a completed prior
  322  authorization form for nonurgent care situations.
  323         b.Twenty-four hours after receiving a completed prior
  324  authorization form for urgent care situations.
  325         2.An authorization of the request must specify the
  326  approved medical procedure, course of treatment, or prescription
  327  drug benefits.
  328         3.A denial of the request must include a detailed written
  329  explanation of the reason for the denial, the clinical rationale
  330  that supports the denial, and the procedure for appealing the
  331  health insurer’s determination.
  332         (c)A health insurer must grant a protocol exception
  333  request if any of the following applies:
  334         1.A preceding prescription drug or medical treatment is
  335  contraindicated or will likely cause an adverse reaction or
  336  physical or mental harm to the insured.
  337         2.A preceding prescription drug or medical treatment is
  338  expected to be ineffective based on the insured’s medical
  339  history and the clinical evidence of the characteristics of the
  340  preceding prescription drug or medical treatment.
  341         3.The insured has previously received a preceding
  342  prescription drug or medical treatment that is in the same
  343  pharmacologic class or has the same mechanism of action and such
  344  drug or treatment lacked efficacy or effectiveness or adversely
  345  affected the insured.
  346         4. A preceding prescription drug or medical treatment is
  347  not in the insured’s best interest because his or her use of the
  348  drug or treatment is expected to:
  349         a. Cause a significant barrier to the insured’s adherence
  350  to or compliance with his or her plan of care;
  351         b. Worsen the insured’s medical condition that exists
  352  simultaneously with, but independently of, the condition under
  353  treatment; or
  354         c. Decrease the insured’s ability to achieve or maintain
  355  his or her ability to perform daily activities.
  356         5. A preceding prescription drug is an opioid and the
  357  protocol exception request is for a nonopioid prescription drug
  358  or treatment with a likelihood of similar or better results.
  359         (d)A health insurer may request a copy of relevant
  360  documentation from an insured’s medical record in support of a
  361  protocol exception request.
  362         (2) As used in this section, the term “health coverage
  363  plan” means any of the following which is currently or was
  364  previously providing major medical or similar comprehensive
  365  coverage or benefits to the insured:
  366         (a) A health insurer or health maintenance organization.
  367         (b) A plan established or maintained by an individual
  368  employer as provided by the Employee Retirement Income Security
  369  Act of 1974, Pub. L. No. 93-406.
  370         (c) A multiple-employer welfare arrangement as defined in
  371  s. 624.437.
  372         (d) A governmental entity providing a plan of self
  373  insurance.
  374         (4)(3)CONSTRUCTION.—This section does not require a health
  375  insurer to add a drug to its prescription drug formulary or to
  376  cover a prescription drug that the insurer does not otherwise
  377  cover.
  378         Section 4. Subsection (11) of section 627.6131, Florida
  379  Statutes, is amended, and subsection (20) is added to that
  380  section, to read:
  381         627.6131 Payment of claims.—
  382         (11) A health insurer may not retroactively deny a claim
  383  because of insured ineligibility:
  384         (a) More than 1 year after the date of payment of the
  385  claim; or
  386         (b)At any time, if the health insurer verified the
  387  insured’s eligibility at the time of treatment or provided an
  388  authorization number.
  389         (20)A health insurer may not impose an additional prior
  390  authorization requirement with respect to a surgical or
  391  otherwise invasive procedure, or any item furnished as part of
  392  the surgical or invasive procedure, if the procedure or item is
  393  furnished during the perioperative period of another procedure
  394  for which prior authorization was granted by the health insurer.
  395         Section 5. Subsection (46) of section 641.31, Florida
  396  Statutes, is amended to read:
  397         641.31 Health maintenance contracts.—
  398         (46)(a) Definitions.As used in this subsection, the term:
  399         1.Health coverage plan” means any of the following which
  400  is currently or was previously providing major medical or
  401  similar comprehensive coverage or benefits to the subscriber:
  402         a. A health insurer or health maintenance organization.
  403         b. A plan established or maintained by an individual
  404  employer as provided by the Employee Retirement Income Security
  405  Act of 1974, Pub. L. No. 93-406.
  406         c. A multiple-employer welfare arrangement as defined in s.
  407  624.437.
  408         d. A governmental entity providing a plan of self
  409  insurance.
  410         2.“Preceding prescription drug or medical treatment” means
  411  a prescription drug, medical procedure, or course of treatment
  412  that must be used pursuant to a health maintenance
  413  organization’s step-therapy protocol as a condition of coverage
  414  under a health maintenance contract to treat a subscriber’s
  415  condition.
  416         3.“Protocol exception” means a determination by a health
  417  maintenance organization that a step-therapy protocol is not
  418  medically appropriate or indicated for treatment of a
  419  subscriber’s condition, and the health maintenance organization
  420  authorizes the use of another medical procedure, course of
  421  treatment, or prescription drug prescribed or recommended by the
  422  treating health care provider for the subscriber’s condition.
  423         4.Step-therapy protocol” means a written protocol that
  424  specifies the order in which certain medical procedures, courses
  425  of treatment, or prescription drugs must be used to treat a
  426  subscriber’s condition.
  427         5.“Urgent care situation” means an injury or condition of
  428  a subscriber which, if medical care and treatment are not
  429  provided earlier than the time the medical profession generally
  430  considers reasonable for a nonurgent situation, in the opinion
  431  of the subscriber’s treating physician, physician assistant, or
  432  advanced practice registered nurse, would:
  433         a.Seriously jeopardize the subscriber’s life, health, or
  434  ability to regain maximum function; or
  435         b.Subject the subscriber to severe pain that cannot be
  436  adequately managed.
  437         (b)Step-therapy protocol restrictions.In addition to
  438  protocol exceptions granted under paragraph (c) and the
  439  restriction under s. 627.4239(3), a health maintenance
  440  organization issuing major medical coverage through an
  441  individual or group contract may not require a step-therapy
  442  protocol under the contract for a covered prescription drug
  443  requested by a subscriber if:
  444         1. The subscriber has previously been approved to receive
  445  the prescription drug through the completion of a step-therapy
  446  protocol required by a separate health coverage plan; and
  447         2. The subscriber provides documentation originating from
  448  the health coverage plan that approved the prescription drug as
  449  described in subparagraph 1. indicating that the health coverage
  450  plan paid for the drug on the subscriber’s behalf during the 90
  451  days immediately before the request.
  452         (c)Step-therapy protocol exceptions; requirements and
  453  procedures.
  454         1.A health maintenance organization shall publish on its
  455  website and provide to a subscriber in writing a procedure for
  456  the subscriber and his or her health care provider to request a
  457  protocol exception. The procedure must include:
  458         a.The manner in which a subscriber or health care provider
  459  may request a protocol exception.
  460         b.The manner and timeframe in which the health maintenance
  461  organization is required to authorize or deny a protocol
  462  exception request or to respond to an appeal of the health
  463  maintenance organization’s authorization or denial of a request.
  464         c.The conditions under which the protocol exception
  465  request must be granted.
  466         2.a.A health maintenance organization must authorize or
  467  deny a protocol exception request or respond to an appeal of a
  468  health maintenance organization’s authorization or denial of a
  469  request within:
  470         (I)Seventy-two hours after receiving a completed prior
  471  authorization form for nonurgent care situations.
  472         (II)Twenty-four hours after receiving a completed prior
  473  authorization form for urgent care situations.
  474         b.An authorization of the request must specify the
  475  approved medical procedure, course of treatment, or prescription
  476  drug benefits.
  477         c.A denial of the request must include a detailed written
  478  explanation of the reason for the denial, the clinical rationale
  479  that supports the denial, and the procedure for appealing the
  480  health maintenance organization’s determination.
  481         3.A health maintenance organization must grant a protocol
  482  exception request if any of the following applies:
  483         a.A preceding prescription drug or medical treatment is
  484  contraindicated or will likely cause an adverse reaction or
  485  physical or mental harm to the subscriber.
  486         b.A preceding prescription drug or medical treatment is
  487  expected to be ineffective based on the subscriber’s medical
  488  history and the clinical evidence of the characteristics of the
  489  preceding prescription drug or medical treatment.
  490         c.The subscriber has previously received a preceding
  491  prescription drug or medical treatment that is in the same
  492  pharmacologic class or has the same mechanism of action and such
  493  drug or treatment lacked efficacy or effectiveness or adversely
  494  affected the subscriber.
  495         d. A preceding prescription drug or medical treatment is
  496  not in the subscriber’s best interest because his or her use of
  497  the drug or treatment is expected to:
  498         (I) Cause a significant barrier to the subscriber’s
  499  adherence to or compliance with his or her plan of care;
  500         (II) Worsen the subscriber’s medical condition that exists
  501  simultaneously with, but independently of, the condition under
  502  treatment; or
  503         (III) Decrease the subscriber’s ability to achieve or
  504  maintain his or her ability to perform daily activities.
  505         e. A preceding prescription drug is an opioid and the
  506  protocol exception request is for a nonopioid prescription drug
  507  or treatment with a likelihood of similar or better results.
  508         4.A health maintenance organization may request a copy of
  509  relevant documentation from a subscriber’s medical record in
  510  support of a protocol exception request.
  511         (b) As used in this subsection, the term “health coverage
  512  plan” means any of the following which previously provided or is
  513  currently providing major medical or similar comprehensive
  514  coverage or benefits to the subscriber:
  515         1. A health insurer or health maintenance organization;
  516         2. A plan established or maintained by an individual
  517  employer as provided by the Employee Retirement Income Security
  518  Act of 1974, Pub. L. No. 93-406;
  519         3. A multiple-employer welfare arrangement as defined in s.
  520  624.437; or
  521         4. A governmental entity providing a plan of self
  522  insurance.
  523         (d)(c)Construction.This subsection does not require a
  524  health maintenance organization to add a drug to its
  525  prescription drug formulary or to cover a prescription drug that
  526  the health maintenance organization does not otherwise cover.
  527         Section 6. Subsection (10) of section 641.3155, Florida
  528  Statutes, is amended to read:
  529         641.3155 Prompt payment of claims.—
  530         (10) A health maintenance organization may not
  531  retroactively deny a claim because of subscriber ineligibility:
  532         (a) More than 1 year after the date of payment of the
  533  claim; or
  534         (b)At any time, if the health maintenance organization
  535  verified the subscriber’s eligibility at the time of treatment
  536  or provided an authorization number.
  537         Section 7. Subsection (4) is added to section 641.3156,
  538  Florida Statutes, to read:
  539         641.3156 Treatment authorization; payment of claims.—
  540         (4)A health maintenance organization may not impose an
  541  additional prior authorization requirement with respect to a
  542  surgical or otherwise invasive procedure, or any item furnished
  543  as part of the surgical or invasive procedure, if the procedure
  544  or item is furnished during the perioperative period of another
  545  procedure for which prior authorization was granted by the
  546  health maintenance organization.
  547         Section 8. This act shall take effect January 1, 2021.