Florida Senate - 2023                                      SB 46
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00117-23                                              202346__
    1                        A bill to be entitled                      
    2         An act relating to health insurance cost sharing;
    3         creating s. 627.6383, F.S.; defining the term “cost
    4         sharing requirement”; requiring specified individual
    5         health insurers and their pharmacy benefit managers to
    6         apply payments by or on behalf of insureds toward the
    7         total contributions of the insureds’ cost-sharing
    8         requirements; providing construction; providing
    9         applicability; amending s. 627.6385, F.S.; providing
   10         disclosure requirements; providing applicability;
   11         amending s. 627.64741, F.S.; requiring specified
   12         contracts to require pharmacy benefit managers to
   13         apply payments by or on behalf of insureds toward the
   14         insureds’ total contributions to cost-sharing
   15         requirements; providing applicability; providing
   16         disclosure requirements; creating s. 627.65715, F.S.;
   17         defining the term “cost-sharing requirement”;
   18         requiring specified group health insurers and their
   19         pharmacy benefit managers to apply payments by or on
   20         behalf of insureds toward the total contributions of
   21         the insureds’ cost-sharing requirements; providing
   22         construction; providing disclosure requirements;
   23         providing applicability; amending s. 627.6572, F.S.;
   24         requiring specified contracts to require pharmacy
   25         benefit managers to apply payments by or on behalf of
   26         insureds toward the insureds’ total contributions to
   27         cost-sharing requirements; providing applicability;
   28         providing disclosure requirements; amending s.
   29         627.6699, F.S.; requiring small employer carriers to
   30         comply with certain cost-sharing requirements; making
   31         technical changes; amending s. 641.31, F.S.; defining
   32         the term “cost-sharing requirement”; requiring
   33         specified health maintenance organizations and their
   34         pharmacy benefit managers to apply payments by or on
   35         behalf of subscribers toward the total contributions
   36         of the subscribers’ cost-sharing requirements;
   37         providing construction; providing disclosure
   38         requirements; providing applicability; amending s.
   39         641.314, F.S.; requiring specified contracts to
   40         require pharmacy benefit managers to apply payments by
   41         or on behalf of subscribers toward the subscribers’
   42         total contributions to cost-sharing requirements;
   43         providing applicability; providing disclosure
   44         requirements; amending s. 409.967, F.S.; conforming a
   45         cross-reference; amending s. 641.185, F.S.; conforming
   46         a provision to changes made by the act; providing a
   47         declaration of important state interest; providing an
   48         effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 627.6383, Florida Statutes, is created
   53  to read:
   54         627.6383Cost-sharing requirements.—
   55         (1)As used in this section, the term “cost-sharing
   56  requirement” means a dollar limit, a deductible, a copayment,
   57  coinsurance, or any other out-of-pocket expense imposed on an
   58  insured, including, but not limited to, the annual limitation on
   59  cost sharing subject to 42 U.S.C. s. 18022.
   60         (2)(a)Each health insurer issuing, delivering, or renewing
   61  a policy in this state which provides prescription drug
   62  coverage, or each pharmacy benefit manager on behalf of such
   63  health insurer, shall apply any amount paid by an insured or by
   64  another person on behalf of the insured toward the insured’s
   65  total contribution to any cost-sharing requirement.
   66         (b)The amount paid by or on behalf of the insured which is
   67  applied toward the insured’s total contribution to any cost
   68  sharing requirement under paragraph (a) includes, but is not
   69  limited to, any payment with or any discount through financial
   70  assistance, a manufacturer copay card, a product voucher, or any
   71  other reduction in out-of-pocket expenses made by or on behalf
   72  of the insured for a prescription drug.
   73         (3)This section applies to any health insurance policy
   74  issued, delivered, or renewed in this state on or after January
   75  1, 2024.
   76         Section 2. Present subsections (2) and (3) of section
   77  627.6385, Florida Statutes, are redesignated as subsections (3)
   78  and (4), respectively, a new subsection (2) is added to that
   79  section, and present subsection (2) of that section is amended,
   80  to read:
   81         627.6385 Disclosures to policyholders; calculations of cost
   82  sharing.—
   83         (2)Each health insurer issuing, delivering, or renewing a
   84  policy in this state which provides prescription drug coverage,
   85  regardless of whether the prescription drug benefits are
   86  administered or managed by the health insurer or by a pharmacy
   87  benefit manager on behalf of the health insurer, shall disclose
   88  on its website that any amount paid by a policyholder or by
   89  another person on behalf of the policyholder must be applied
   90  toward the policyholder’s total contribution to any cost-sharing
   91  requirement pursuant to s. 627.6383. This subsection applies to
   92  any policy issued, delivered, or renewed in this state on or
   93  after January 1, 2024.
   94         (3)(2) Each health insurer shall include in every policy
   95  delivered or issued for delivery to any person in this the state
   96  or in materials provided as required by s. 627.64725 a notice
   97  that the information required by this section is available
   98  electronically and the website address of the website where the
   99  information can be accessed. In addition, each health insurer
  100  issuing, delivering, or renewing a policy in this state which
  101  provides prescription drug coverage, regardless of whether the
  102  prescription drug benefits are administered or managed by the
  103  health insurer or by a pharmacy benefit manager on behalf of the
  104  health insurer, shall include in every policy that is issued,
  105  delivered, or renewed to any person in this state on or after
  106  January 1, 2024, the disclosure that any amount paid by a
  107  policyholder or by another person on behalf of the policyholder
  108  must be applied toward the policyholder’s total contribution to
  109  any cost-sharing requirement pursuant to s. 627.6383.
  110         Section 3. Paragraph (c) is added to subsection (2) of
  111  section 627.64741, Florida Statutes, to read:
  112         627.64741 Pharmacy benefit manager contracts.—
  113         (2) A contract between a health insurer and a pharmacy
  114  benefit manager must require that the pharmacy benefit manager:
  115         (c)1.Apply any amount paid by an insured or by another
  116  person on behalf of the insured toward the insured’s total
  117  contribution to any cost-sharing requirement pursuant to s.
  118  627.6383. This subparagraph applies to any insured whose
  119  insurance policy is issued, delivered, or renewed in this state
  120  on or after January 1, 2024.
  121         2.Disclose to every insured whose insurance policy is
  122  issued, delivered, or renewed in this state on or after January
  123  1, 2024, that the pharmacy benefit manager shall apply any
  124  amount paid by the insured or by another person on behalf of the
  125  insured toward the insured’s total contribution to any cost
  126  sharing requirement pursuant to s. 627.6383.
  127         Section 4. Section 627.65715, Florida Statutes, is created
  128  to read:
  129         627.65715Cost-sharing requirements.—
  130         (1)As used in this section, the term “cost-sharing
  131  requirement” means a dollar limit, a deductible, a copayment,
  132  coinsurance, or any other out-of-pocket expense imposed on an
  133  insured, including, but not limited to, the annual limitation on
  134  cost sharing subject to 42 U.S.C. s. 18022.
  135         (2)(a)Each insurer issuing, delivering, or renewing a
  136  policy in this state which provides prescription drug coverage,
  137  or each pharmacy benefit manager on behalf of such insurer,
  138  shall apply any amount paid by an insured or by another person
  139  on behalf of the insured toward the insured’s total contribution
  140  to any cost-sharing requirement.
  141         (b)The amount paid by or on behalf of the insured which is
  142  applied toward the insured’s total contribution to any cost
  143  sharing requirement under paragraph (a) includes, but is not
  144  limited to, any payment with or any discount through financial
  145  assistance, a manufacturer copay card, a product voucher, or any
  146  other reduction in out-of-pocket expenses made by or on behalf
  147  of the insured for a prescription drug.
  148         (3)Each insurer issuing, delivering, or renewing a policy
  149  in this state which provides prescription drug coverage,
  150  regardless of whether the prescription drug benefits are
  151  administered or managed by the insurer or by a pharmacy benefit
  152  manager on behalf of the insurer, shall disclose on its website
  153  and in every policy issued, delivered, or renewed in this state
  154  on or after January 1, 2024, that any amount paid by an insured
  155  or by another person on behalf of the insured must be applied
  156  toward the insured’s total contribution to any cost-sharing
  157  requirement.
  158         (4)This section applies to any group health insurance
  159  policy issued, delivered, or renewed in this state on or after
  160  January 1, 2024.
  161         Section 5. Paragraph (c) is added to subsection (2) of
  162  section 627.6572, Florida Statutes, to read:
  163         627.6572 Pharmacy benefit manager contracts.—
  164         (2) A contract between a health insurer and a pharmacy
  165  benefit manager must require that the pharmacy benefit manager:
  166         (c)1.Apply any amount paid by an insured or by another
  167  person on behalf of the insured toward the insured’s total
  168  contribution to any cost-sharing requirement pursuant to s.
  169  627.65715. This subparagraph applies to any insured whose
  170  insurance policy is issued, delivered, or renewed in this state
  171  on or after January 1, 2024.
  172         2.Disclose to every insured whose insurance policy is
  173  issued, delivered, or renewed in this state on or after January
  174  1, 2024, that the pharmacy benefit manager shall apply any
  175  amount paid by the insured or by another person on behalf of the
  176  insured toward the insured’s total contribution to any cost
  177  sharing requirement pursuant to s. 627.65715.
  178         Section 6. Paragraph (e) of subsection (5) of section
  179  627.6699, Florida Statutes, is amended to read:
  180         627.6699 Employee Health Care Access Act.—
  181         (5) AVAILABILITY OF COVERAGE.—
  182         (e) All health benefit plans issued under this section must
  183  comply with the following conditions:
  184         1. For employers who have fewer than two employees, a late
  185  enrollee may be excluded from coverage for no longer than 24
  186  months if he or she was not covered by creditable coverage
  187  continually to a date not more than 63 days before the effective
  188  date of his or her new coverage.
  189         2. Any requirement used by a small employer carrier in
  190  determining whether to provide coverage to a small employer
  191  group, including requirements for minimum participation of
  192  eligible employees and minimum employer contributions, must be
  193  applied uniformly among all small employer groups having the
  194  same number of eligible employees applying for coverage or
  195  receiving coverage from the small employer carrier, except that
  196  a small employer carrier that participates in, administers, or
  197  issues health benefits pursuant to s. 381.0406 which do not
  198  include a preexisting condition exclusion may require as a
  199  condition of offering such benefits that the employer has had no
  200  health insurance coverage for its employees for a period of at
  201  least 6 months. A small employer carrier may vary application of
  202  minimum participation requirements and minimum employer
  203  contribution requirements only by the size of the small employer
  204  group.
  205         3. In applying minimum participation requirements with
  206  respect to a small employer, a small employer carrier may shall
  207  not consider as an eligible employee employees or dependents who
  208  have qualifying existing coverage in an employer-based group
  209  insurance plan or an ERISA qualified self-insurance plan in
  210  determining whether the applicable percentage of participation
  211  is met. However, a small employer carrier may count eligible
  212  employees and dependents who have coverage under another health
  213  plan that is sponsored by that employer.
  214         4. A small employer carrier may shall not increase any
  215  requirement for minimum employee participation or any
  216  requirement for minimum employer contribution applicable to a
  217  small employer at any time after the small employer has been
  218  accepted for coverage, unless the employer size has changed, in
  219  which case the small employer carrier may apply the requirements
  220  that are applicable to the new group size.
  221         5. If a small employer carrier offers coverage to a small
  222  employer, it must offer coverage to all the small employer’s
  223  eligible employees and their dependents. A small employer
  224  carrier may not offer coverage limited to certain persons in a
  225  group or to part of a group, except with respect to late
  226  enrollees.
  227         6. A small employer carrier may not modify any health
  228  benefit plan issued to a small employer with respect to a small
  229  employer or any eligible employee or dependent through riders,
  230  endorsements, or otherwise to restrict or exclude coverage for
  231  certain diseases or medical conditions otherwise covered by the
  232  health benefit plan.
  233         7. An initial enrollment period of at least 30 days must be
  234  provided. An annual 30-day open enrollment period must be
  235  offered to each small employer’s eligible employees and their
  236  dependents. A small employer carrier must provide special
  237  enrollment periods as required by s. 627.65615.
  238         8.A small employer carrier shall comply with s. 627.65715
  239  with respect to contribution to cost-sharing requirements, as
  240  defined in that section.
  241         Section 7. Subsection (48) is added to section 641.31,
  242  Florida Statutes, to read:
  243         641.31 Health maintenance contracts.—
  244         (48)(a)As used in this subsection, the term “cost-sharing
  245  requirement” means a dollar limit, a deductible, a copayment,
  246  coinsurance, or any other out-of-pocket expense imposed on a
  247  subscriber, including, but not limited to, the annual limitation
  248  on cost sharing subject to 42 U.S.C. s. 18022.
  249         (b)1. Each health maintenance organization issuing,
  250  delivering, or renewing a health maintenance contract or
  251  certificate in this state which provides prescription drug
  252  coverage, or each pharmacy benefit manager on behalf of such
  253  health maintenance organization, shall apply any amount paid by
  254  a subscriber or by another person on behalf of the subscriber
  255  toward the subscriber’s total contribution to any cost-sharing
  256  requirement.
  257         2. The amount paid by or on behalf of the subscriber which
  258  is applied toward the subscriber’s total contribution to any
  259  cost-sharing requirement under subparagraph 1. includes, but is
  260  not limited to, any payment with or any discount through
  261  financial assistance, a manufacturer copay card, a product
  262  voucher, or any other reduction in out-of-pocket expenses made
  263  by or on behalf of the subscriber for a prescription drug.
  264         (c) Each health maintenance organization issuing,
  265  delivering, or renewing a health maintenance contract or
  266  certificate in this state which provides prescription drug
  267  coverage, regardless of whether the prescription drug benefits
  268  are administered or managed by the health maintenance
  269  organization or by a pharmacy benefit manager on behalf of the
  270  health maintenance organization, shall disclose on its website
  271  and in every subscriber’s health maintenance contract,
  272  certificate, or member handbook issued, delivered, or renewed in
  273  this state on or after January 1, 2024, that any amount paid by
  274  a subscriber or by another person on behalf of the subscriber
  275  must be applied toward the subscriber’s total contribution to
  276  any cost-sharing requirement.
  277         (d) This subsection applies to any health maintenance
  278  contract or certificate issued, delivered, or renewed in this
  279  state on or after January 1, 2024.
  280         Section 8. Paragraph (c) is added to subsection (2) of
  281  section 641.314, Florida Statutes, to read:
  282         641.314 Pharmacy benefit manager contracts.—
  283         (2) A contract between a health maintenance organization
  284  and a pharmacy benefit manager must require that the pharmacy
  285  benefit manager:
  286         (c)1. Apply any amount paid by a subscriber or by another
  287  person on behalf of the subscriber toward the subscriber’s total
  288  contribution to any cost-sharing requirement pursuant to s.
  289  641.31(48). This subparagraph applies to any subscriber whose
  290  health maintenance contract or certificate is issued, delivered,
  291  or renewed in this state on or after January 1, 2024.
  292         2. Disclose to every subscriber whose health maintenance
  293  contract or certificate is issued, delivered, or renewed in this
  294  state on or after January 1, 2024, that the pharmacy benefit
  295  manager shall apply any amount paid by the subscriber or by
  296  another person on behalf of the subscriber toward the
  297  subscriber’s total contribution to any cost-sharing requirement
  298  pursuant to s. 641.31(48).
  299         Section 9. Paragraph (o) of subsection (2) of section
  300  409.967, Florida Statutes, is amended to read:
  301         409.967 Managed care plan accountability.—
  302         (2) The agency shall establish such contract requirements
  303  as are necessary for the operation of the statewide managed care
  304  program. In addition to any other provisions the agency may deem
  305  necessary, the contract must require:
  306         (o) Transparency.—Managed care plans shall comply with ss.
  307  627.6385(4) and 641.54(7) ss. 627.6385(3) and 641.54(7).
  308         Section 10. Paragraph (k) of subsection (1) of section
  309  641.185, Florida Statutes, is amended to read:
  310         641.185 Health maintenance organization subscriber
  311  protections.—
  312         (1) With respect to the provisions of this part and part
  313  III, the principles expressed in the following statements serve
  314  as standards to be followed by the commission, the office, the
  315  department, and the Agency for Health Care Administration in
  316  exercising their powers and duties, in exercising administrative
  317  discretion, in administrative interpretations of the law, in
  318  enforcing its provisions, and in adopting rules:
  319         (k) A health maintenance organization subscriber shall be
  320  given a copy of the applicable health maintenance contract,
  321  certificate, or member handbook specifying: all the provisions,
  322  disclosure, and limitations required pursuant to s. 641.31(1),
  323  and (4), and (48); the covered services, including those
  324  services, medical conditions, and provider types specified in
  325  ss. 641.31, 641.31094, 641.31095, 641.31096, 641.51(11), and
  326  641.513; and where and in what manner services may be obtained
  327  pursuant to s. 641.31(4).
  328         Section 11. The Legislature finds that this act fulfills an
  329  important state interest.
  330         Section 12. This act shall take effect July 1, 2023.