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House Bill 0781

Florida House of Representatives - 1997 HB 781 By Representative Peaden 1 A bill to be entitled 2 An act relating to mastectomies; amending ss. 3 627.6417, 627.6612, 627.6699, and 641.31, F.S.; 4 requiring health insurance policies and 5 contracts to provide coverage for mastectomies; 6 prohibiting such policies and contracts from 7 imposing certain limitations on coverage for 8 hospital stays under certain circumstances; 9 creating ss. 627.64175, 627.6614, and 10 641.30198, F.S.; providing requirements and 11 prohibitions for insurers and health 12 maintenance organizations relating to breast 13 cancer coverage; amending ss. 627.651 and 14 627.6515, F.S.; conforming application 15 provisions to include certain cross references; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 627.6417, Florida Statutes, is 21 amended to read: 22 627.6417 Optional Coverage for mastectomy and surgical 23 procedures and devices incident to mastectomy.-- 24 (1) A health insurance policy that covers a resident 25 of this state and that is issued, amended, delivered, or 26 renewed in this state by an insurer that provides, on an 27 expense-incurred basis, hospital, medical, or surgical expense 28 insurance, or any combination of such coverages, shall provide 29 coverage for mastectomies, including hospital, medical, or 30 surgical care to the same extent that hospital, medical, or 31 surgical coverage is provided for illness or disease under the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 policy. The coverage, other than coverage for complications, 2 shall include inpatient hospital coverage for at least 48 3 hours following the date of surgery. 4 (2) The insured shall have the option to be discharged 5 earlier than the time period established in subsection (1). 6 In such case, the coverage must include at least one home 7 health care visit, which shall be in addition to, rather than 8 in lieu of, any home health care coverage available under the 9 policy and which may be requested by the insured within 72 10 hours after discharge from the hospital and shall be provided 11 within 24 hours after such request. The home health care 12 coverage shall be pursuant to the policy and subject to the 13 provisions of this subsection and not subject to deductibles, 14 coinsurance, or copayments. 15 (3)(1) A An accident or health insurance policy 16 issued, amended, delivered, or renewed in this state that 17 provides coverage for mastectomies must also include make 18 available to the policyholder, as part of the application, 19 coverage for the initial prosthetic device and reconstructive 20 surgery incident to the mastectomy. The insurer may charge an 21 appropriate additional premium for the coverage required by 22 this subsection. The coverage for prosthetic devices and 23 reconstructive surgery is subject to the deductible and 24 coinsurance conditions applied to the mastectomy, and all 25 other terms and conditions applicable to other benefits. If a 26 mastectomy is performed and there is no evidence of 27 malignancy, the coverage may be limited to the provision of 28 the initial prosthetic device and reconstructive surgery 29 within 2 years after the date of the mastectomy. 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 (4)(2) As used in this section, the term "mastectomy" 2 means the removal of all or part of the breast for medically 3 necessary reasons as determined by a licensed physician. 4 (5)(3) This section does not apply to disability 5 income, specified disease other than cancer, or hospital 6 indemnity policies. 7 Section 2. Section 627.64175, Florida Statutes, is 8 created to read: 9 627.64175 Requirements with respect to breast 10 cancer.-- 11 (1) An insurer may not refuse to cover an applicant 12 for health insurance due to breast cancer if the applicant has 13 remained free from breast cancer for at least 5 years prior to 14 the applicant's request for health insurance coverage. 15 (2) An insurer may not exclude coverage under a health 16 insurance policy for breast cancer if the applicant has 17 remained free from breast cancer for at least 5 years prior to 18 the applicant's request for health insurance coverage. 19 (3) Routine followup care to determine whether a 20 breast cancer has recurred in a person who has been previously 21 determined to be free of breast cancer shall not be considered 22 as medical advice, diagnosis, care, or treatment for purposes 23 of determining preexisting conditions unless evidence of 24 breast cancer is found during or as a result of the followup 25 care. 26 Section 3. Subsection (4) of section 627.651, Florida 27 Statutes, is amended to read: 28 627.651 Group contracts and plans of self-insurance 29 must meet group requirements.-- 30 (4) This section does not apply to any plan which is 31 established or maintained by an individual employer in 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 accordance with the Employee Retirement Income Security Act of 2 1974, Pub. L. No. 93-406, or to a multiple-employer welfare 3 arrangement as defined in s. 624.437(1), except that a 4 multiple-employer welfare arrangement shall comply with ss. 5 627.419, 627.657, 627.6575, 627.6576, 627.6578, 627.6579, 6 627.6612, 627.6614, 627.6615, 627.6616, and 627.662(6). This 7 subsection does not allow an authorized insurer to issue a 8 group health insurance policy or certificate which does not 9 comply with this part. 10 Section 4. Paragraph (c) of subsection (2) of section 11 627.6515, Florida Statutes, 1996 Supplement, is amended to 12 read: 13 627.6515 Out-of-state groups.-- 14 (2) This part does not apply to a group health 15 insurance policy issued or delivered outside this state under 16 which a resident of this state is provided coverage if: 17 (c) The policy provides the benefits specified in ss. 18 627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.6613, 19 627.6614, 627.667, 627.6675, and 627.6691. 20 Section 5. Section 627.6612, Florida Statutes, is 21 amended to read: 22 627.6612 Optional Coverage for mastectomy and surgical 23 procedures and devices incident to mastectomy.-- 24 (1) A group, blanket, or franchise health insurance 25 policy that covers a resident of this state and that is 26 issued, amended, delivered, or renewed in this state that 27 provides, on an expense-incurred basis, coverage for hospital, 28 medical, or surgical expenses, or any combination of such 29 expenses, shall provide coverage for mastectomies, including 30 hospital, medical, or surgical care to the same extent that 31 hospital, medical, or surgical coverage is provided for 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 illness or disease under the policy. The coverage, other than 2 coverage for complications, shall include inpatient hospital 3 coverage for at least 48 hours following the date of surgery. 4 (2) The certificateholder shall have the option to be 5 discharged earlier than the time period established in 6 subsection (1). In such case, the coverage must include at 7 least one home health care visit, which shall be in addition 8 to, rather than in lieu of, any home health care coverage 9 available under the policy and which may be requested by the 10 insured within 72 hours after discharge from the hospital and 11 shall be provided within 24 hours after such request. The home 12 health care coverage shall be pursuant to the policy and 13 subject to the provisions of this subsection and not subject 14 to deductibles, coinsurance, or copayments. 15 (3)(1) A group, blanket, or franchise accident or 16 health insurance policy issued, amended, delivered, or renewed 17 in this state that provides coverage for mastectomies must 18 also include make available to the policyholder coverage for 19 the initial prosthetic device and reconstructive surgery 20 incident to the mastectomy. The insurer may charge an 21 appropriate additional premium for the coverage required by 22 this subsection. The coverage for prosthetic devices and 23 reconstructive surgery is subject to the deductible and 24 coinsurance conditions applied to the mastectomy, and all 25 other terms and conditions applicable to other benefits. If a 26 mastectomy is performed and there is no evidence of 27 malignancy, the coverage may be limited to the provision of 28 the initial prosthetic device and reconstructive surgery to 29 within 2 years after the date of the mastectomy. 30 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 (4)(2) As used in this section, the term "mastectomy" 2 means the removal of all or part of the breast for medically 3 necessary reasons as determined by a licensed physician. 4 Section 6. Section 627.6614, Florida Statutes, is 5 created to read: 6 627.6614 Requirements with respect to breast cancer.-- 7 (1) When an insurer is permitted to underwrite and 8 selectively insure, the insurer: 9 (a) May not refuse to cover nor charge an unfairly 10 discriminatory rate for an individual member applicant within 11 a group which is applying for group, blanket, or franchise 12 health insurance due to breast cancer if the individual member 13 applicant has remained free from breast cancer for at least 5 14 years prior to the individual member applicant's request for 15 health insurance coverage. 16 (b) May not exclude coverage under the group, blanket, 17 or franchise health insurance policy for breast cancer if the 18 individual member applicant has remained free from breast 19 cancer for at least 5 years prior to the individual member 20 applicant's request for health insurance coverage. 21 (2) Routine followup care to determine whether a 22 breast cancer has recurred in a person who has been previously 23 determined to be free of breast cancer shall not be considered 24 as medical advice, diagnosis, care, or treatment for purposes 25 of determining preexisting conditions unless evidence of 26 breast cancer is found during or as a result of the followup 27 care. 28 Section 7. Subsection (29) is added to section 641.31, 29 Florida Statutes, 1996 Supplement, to read: 30 641.31 Health maintenance contracts.-- 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 (29)(a) Every health maintenance contract issued, 2 amended, delivered, or renewed in this state shall provide 3 coverage for mastectomies, including hospital, medical, and 4 surgical care to the same extent that hospital, medical, and 5 surgical coverage is provided for illness or disease under the 6 contract. The coverage, other than coverage for 7 complications, shall include inpatient hospital coverage for 8 at least 48 hours following the date of the surgery. 9 (b) The subscriber shall have the option to be 10 discharged earlier than the time period established in 11 paragraph (a). In such case, the coverage must include at 12 least one home care visit, which shall be in addition to, 13 rather than in lieu of, any home health care coverage 14 available under the contract and which may be requested by the 15 insured within 72 hours after discharge from the hospital and 16 shall be provided within 24 hours after such request. The 17 home health care coverage shall be pursuant to the contract 18 and subject to the provisions of this subsection, and not 19 subject to copayments. 20 (c) Every health maintenance contract must also 21 provide coverage for the initial prosthetic device and 22 reconstructive surgery incident to the mastectomy. The 23 coverage for prosthetic devices and reconstructive surgery is 24 subject to the deductible and copayment provisions applicable 25 to the contract, and is also subject to all other terms and 26 conditions applicable to other benefits. 27 (d) As used in this subsection, the term "mastectomy" 28 means the removal of all or part of the breast for medically 29 necessary reasons as determined by a licensed physician. 30 Section 8. Section 641.30198, Florida Statutes, is 31 created to read: 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 641.30198 Requirements with respect to breast 2 cancer.-- 3 (1) A health maintenance organization may not refuse 4 to cover nor charge an unfairly discriminatory rate to an 5 applicant for health coverage due to breast cancer if the 6 applicant has remained free from breast cancer for at least 5 7 years prior to the applicant's request for health coverage. 8 (2) A health maintenance organization may not consider 9 the condition as a preexisting condition under a health 10 maintenance contract if the applicant has remained free from 11 breast cancer for at least 5 years prior to the applicant's 12 request for health coverage. 13 (3) Routine followup care to determine whether a 14 breast cancer has recurred in a person who has been previously 15 determined to be free from breast cancer shall not be 16 considered as medical advice, diagnosis, care, or treatment 17 for purposes of determining preexisting conditions unless 18 evidence of breast cancer is found during or as a result of 19 the followup care. 20 Section 9. Paragraph (b) of subsection (12) of section 21 627.6699, Florida Statutes, 1996 Supplement, is amended to 22 read: 23 627.6699 Employee Health Care Access Act.-- 24 (12) STANDARD, BASIC, AND LIMITED HEALTH BENEFIT 25 PLANS.-- 26 (b)1. Each small employer carrier issuing new health 27 benefit plans shall offer to any small employer, upon request, 28 a standard health benefit plan and a basic health benefit plan 29 that meets the criteria set forth in this section. 30 2. For purposes of this subsection, the terms 31 "standard health benefit plan" and "basic health benefit plan" 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 mean policies or contracts that a small employer carrier 2 offers to eligible small employers that contain: 3 a. An exclusion for services that are not medically 4 necessary or that are not covered preventive health services; 5 and 6 b. A procedure for preauthorization by the small 7 employer carrier, or its designees. 8 3. A small employer carrier may include the following 9 managed care provisions in the policy or contract to control 10 costs: 11 a. A preferred provider arrangement or exclusive 12 provider organization or any combination thereof, in which a 13 small employer carrier enters into a written agreement with 14 the provider to provide services at specified levels of 15 reimbursement or to provide reimbursement to specified 16 providers. Any such written agreement between a provider and a 17 small employer carrier must contain a provision under which 18 the parties agree that the insured individual or covered 19 member has no obligation to make payment for any medical 20 service rendered by the provider which is determined not to be 21 medically necessary. A carrier may use preferred provider 22 arrangements or exclusive provider arrangements to the same 23 extent as allowed in group products that are not issued to 24 small employers. 25 b. A procedure for utilization review by the small 26 employer carrier or its designees. 27 28 This subparagraph does not prohibit a small employer carrier 29 from including in its policy or contract additional managed 30 care and cost containment provisions, subject to the approval 31 of the department, which have potential for controlling costs 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 in a manner that does not result in inequitable treatment of 2 insureds or subscribers. The carrier may use such provisions 3 to the same extent as authorized for group products that are 4 not issued to small employers. 5 4. The standard health benefit plan shall include: 6 a. Coverage for inpatient hospitalization; 7 b. Coverage for outpatient services; 8 c. Coverage for newborn children pursuant to s. 9 627.6575; 10 d. Coverage for child care supervision services 11 pursuant to s. 627.6579; 12 e. Coverage for adopted children upon placement in the 13 residence pursuant to s. 627.6578; 14 f. Coverage for a mastectomy and surgical procedures 15 and devices incident to a mastectomy pursuant to s. 627.6612. 16 g.f. Coverage for mammograms pursuant to s. 627.6613; 17 h.g. Coverage for handicapped children pursuant to s. 18 627.6615; 19 i.h. Emergency or urgent care out of the geographic 20 service area; and 21 j.i. Coverage for services provided by a hospice 22 licensed under s. 400.602 in cases where such coverage would 23 be the most appropriate and the most cost-effective method for 24 treating a covered illness. 25 5. The standard health benefit plan and the basic 26 health benefit plan may include a schedule of benefit 27 limitations for specified services and procedures. If the 28 committee develops such a schedule of benefits limitation for 29 the standard health benefit plan or the basic health benefit 30 plan, a small employer carrier offering the plan must offer 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 781 557-117-97 1 the employer an option for increasing the benefit schedule 2 amounts by 4 percent annually. 3 6. The basic health benefit plan shall include all of 4 the benefits specified in subparagraph 4.; however, the basic 5 health benefit plan shall place additional restrictions on the 6 benefits and utilization and may also impose additional cost 7 containment measures. 8 7. Sections 627.419(2), (3), and (4), 627.6574, 9 627.6616, 627.6618, and 627.668 apply to the standard health 10 benefit plan and to the basic health benefit plan. However, 11 notwithstanding said provisions, the plans may specify limits 12 on the number of authorized treatments, if such limits are 13 reasonable and do not discriminate against any type of 14 provider. 15 8. Each small employer carrier that provides for 16 inpatient and outpatient services by allopathic hospitals may 17 provide as an option of the insured similar inpatient and 18 outpatient services by hospitals accredited by the American 19 Osteopathic Association when such services are available and 20 the osteopathic hospital agrees to provide the service. 21 Section 10. This act shall take effect October 1, 22 1997. 23 24 ***************************************** 25 HOUSE SUMMARY 26 Requires health insurance policies and health maintenance 27 contracts to provide coverage for mastectomies. Provides for limited home health care after discharge from a 28 hospital after a mastectomy. Prohibits insurers or health maintenance organizations from refusing to provide 29 or exclude coverage for breast cancer under specified conditions. See bill for details. 30 31 11