Senate Bill 2034

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    Florida Senate - 1999                                  SB 2034

    By Senator Silver





    38-1358-99

  1                      A bill to be entitled

  2         An act relating to drug formularies; amending

  3         s. 110.12315, F.S.; requiring the Division of

  4         State Group Insurance to establish a drug

  5         formulary and to contract with health

  6         maintenance organizations for the use of

  7         formularies and other cost-saving programs;

  8         establishing a schedule of copayments for

  9         nonformulary drugs on the state employees'

10         prescription drug program; amending s. 409.906,

11         F.S.; requiring the state Medicaid agency to

12         establish a drug formulary; authorizing that

13         agency to enter into rebate agreements with

14         pharmaceutical manufacturers; providing an

15         effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (1) of section 110.12315,

20  Florida Statutes, is amended, and subsection (4) is added to

21  that section, to read:

22         110.12315  Prescription drug program.--

23         (1)  Under the state employees' prescription drug

24  program, copayments must be made as follows:

25         (a)  Fifteen-dollar copayment for brand name drug with

26  card;

27         (b)  Five-dollar copayment for generic drug with card;

28         (c)  Five-dollar copayment for generic mail order drug;

29         (d)  Fifteen-dollar copayment for brand name mail order

30  drug;.

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    Florida Senate - 1999                                  SB 2034
    38-1358-99




  1         (e)  Thirty-dollar copayment for nonformulary drug with

  2  card;

  3         (f)  Thirty-dollar copayment for nonformulary mail

  4  order drug.

  5

  6  There shall be a 30-day supply limit for prescription card

  7  purchases; there shall be a 90-day supply limit for mail order

  8  or mail order prescription drug purchases.

  9         (4)  Notwithstanding any other provision of this

10  section, the division is directed to establish a formulary

11  drug program for enrollees in the State Group Health Insurance

12  Plan and to authorize health maintenance organization plans

13  under contract to the state to use formulary and other

14  pharmaceutical cost savings programs as determined by the

15  division.

16         Section 2.  Subsection (20) of section 409.906, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         409.906  Optional Medicaid services.--Subject to

19  specific appropriations, the agency may make payments for

20  services which are optional to the state under Title XIX of

21  the Social Security Act and are furnished by Medicaid

22  providers to recipients who are determined to be eligible on

23  the dates on which the services were provided.  Any optional

24  service that is provided shall be provided only when medically

25  necessary and in accordance with state and federal law.

26  Nothing in this section shall be construed to prevent or limit

27  the agency from adjusting fees, reimbursement rates, lengths

28  of stay, number of visits, or number of services, or making

29  any other adjustments necessary to comply with the

30  availability of moneys and any limitations or directions

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    Florida Senate - 1999                                  SB 2034
    38-1358-99




  1  provided for in the General Appropriations Act or chapter 216.

  2  Optional services may include:

  3         (20)  PRESCRIBED DRUG SERVICES.--The agency may pay for

  4  medications that are prescribed for a recipient by a physician

  5  or other licensed practitioner of the healing arts authorized

  6  to prescribe medications and that are dispensed to the

  7  recipient by a licensed pharmacist or physician in accordance

  8  with applicable state and federal law. The agency shall

  9  establish a formulary, and may enter into supplemental rebate

10  agreements with pharmaceutical manufacturers, to control costs

11  and ensure medically appropriate therapy. In establishing the

12  formulary, the agency shall comply with the requirements of

13  Title XIX, s. 1927 of the Social Security Act.

14         Section 3.  This act shall take effect July 1, 1999.

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17                          SENATE SUMMARY

18    Directs the Division of State Group Insurance to
      establish a drug formulary for members of the state
19    employees' prescription drug program and specifies the
      copayment required for nonformulary drugs. Further
20    directs the division to contract with health maintenance
      organizations for use of formulary drugs and other
21    cost-saving programs. Directs the state Medicaid agency
      to establish a drug formulary and authorizes it to enter
22    rebate agreements with manufacturers of pharmaceuticals.

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