Senate Bill sb1114

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    Florida Senate - 2004                                  SB 1114

    By Senator Lynn





    7-671-04

  1                      A bill to be entitled

  2         An act relating to breast cancer treatment;

  3         amending ss. 627.64171, 627.66121, 641.31,

  4         F.S.; amending provisions prescribing the

  5         length of hospital stay relating to a

  6         mastectomy which specified health insurers and

  7         health maintenance organizations must cover;

  8         providing requirements for the length of

  9         hospital stay relating to a lymph-node

10         dissection which specified health insurers and

11         health maintenance organizations must cover;

12         limiting the application of the law; providing

13         exceptions; providing an effective date.

14  

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

16  

17         Section 1.  Section 627.64171, Florida Statutes, is

18  amended to read:

19         627.64171  Coverage for length of stay and outpatient

20  postsurgical care.--

21         (1)  Any health insurance policy that is issued,

22  amended, delivered, or renewed in this state and that which

23  provides medical and surgical benefits coverage for breast

24  cancer treatment may not limit inpatient hospital coverage:

25         (a)  For a lymph-node dissection for treatment of

26  breast cancer, to a period that is less than 24 hours of

27  hospital care immediately following the lymph-node dissection;

28  or

29         (b)  For a mastectomy, mastectomies to a any period

30  that is less than that determined by the treating physician,

31  after consultation with the insured patient, to be medically

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1  necessary in accordance with prevailing medical standards, or

 2  48 hours following such a mastectomy, whichever period is

 3  longer and after consultation with the insured patient.

 4         (2)  Any health insurance policy that provides coverage

 5  for mastectomies under paragraph (1)(b) subsection (1) must

 6  also provide coverage for outpatient postsurgical followup

 7  care in keeping with prevailing medical standards by a

 8  licensed health care professional qualified to provide

 9  postsurgical mastectomy care. The treating physician, after

10  consultation with the insured patient, may choose that the

11  outpatient care be provided at the most medically appropriate

12  setting, which may include the hospital, treating physician's

13  office, outpatient center, or home of the insured patient.

14         (3)  An insurer subject to subsection (1) may not:

15         (a)  Deny to an insured eligibility, or continued

16  eligibility, to enroll or to renew coverage under the terms of

17  the policy for the purpose of avoiding the requirements of

18  this section;

19         (b)  Provide monetary payments or rebates to an insured

20  patient to accept less than the minimum protections available

21  under this section;

22         (c)  Penalize or otherwise reduce or limit the

23  reimbursement of an attending provider solely because the

24  attending provider provided care to an insured patient under

25  this section;

26         (d)  Provide incentives, monetary or otherwise, to an

27  attending provider solely to induce the provider to provide

28  care to an insured patient in a manner inconsistent with this

29  section; or

30         (e)  Subject to the other provisions of this section,

31  restrict benefits for any portion of a period within a

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1  hospital length of stay or outpatient care as required by this

 2  section in a manner that is less than favorable than the

 3  benefits provided for any preceding portion of such stay.

 4         (4)(a)  This section does not require an insured

 5  patient to have a lymph-node dissection or the mastectomy in

 6  the hospital or stay in the hospital for a fixed period of

 7  time following a lymph-node dissection or the mastectomy.

 8         (b)  This section does not prevent a policy from

 9  imposing deductibles, coinsurance, or other cost-sharing in

10  relation to benefits under this section, except that such

11  cost-sharing may not exceed cost-sharing with other benefits.

12         (5)  Except as provided in subsection (3), this section

13  does not affect any agreement between an insurer and a

14  hospital or other health care provider with respect to

15  reimbursement for health care services provided, rate

16  negotiations with providers, or capitation of providers, and

17  does not prohibit appropriate utilization review or case

18  management by the insurer.

19         (6)  This section does not apply to disability income,

20  specified diseases other than cancer, or hospital indemnity

21  policies.

22         (7)  As used in this section, the term "mastectomy"

23  means the removal of all or part of the breast for medically

24  necessary reasons as determined by a licensed physician.

25         Section 2.  Section 627.66121, Florida Statutes, is

26  amended to read:

27         627.66121  Coverage for length of stay and outpatient

28  postsurgical care.--

29         (1)  Any group, blanket, or franchise accident or

30  health insurance policy that is issued, amended, delivered, or

31  renewed in this state and that which provides medical and

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1  surgical benefits coverage for breast cancer treatment may not

 2  limit inpatient hospital coverage:

 3         (a)  For a lymph-node dissection for treatment of

 4  breast cancer, to a period that is less than 24 hours of

 5  hospital care immediately following the lymph-node dissection;

 6  or

 7         (b)  For a mastectomy, mastectomies to a any period

 8  that is less than that determined by the treating physician,

 9  after consultation with the insured patient, to be medically

10  necessary in accordance with prevailing medical standards, or

11  48 hours following such a mastectomy, whichever period is

12  longer and after consultation with the insured patient.

13         (2)  Any group, blanket, or franchise accident or

14  health insurance policy that provides coverage for

15  mastectomies under paragraph (1)(b) subsection (1) must also

16  provide coverage for outpatient postsurgical followup care in

17  keeping with prevailing medical standards by a licensed health

18  care professional qualified to provide postsurgical mastectomy

19  care. The treating physician, after consultation with the

20  insured patient, may choose that the outpatient care be

21  provided at the most medically appropriate setting, which may

22  include the hospital, treating physician's office, outpatient

23  center, or home of the insured patient.

24         (3)  An insurer subject to subsection (1) may not:

25         (a)  Deny to an insured eligibility, or continued

26  eligibility, to enroll or to renew coverage under the terms of

27  the policy for the purpose of avoiding the requirements of

28  this section;

29         (b)  Provide monetary payments or rebates to an insured

30  patient to accept less than the minimum protections available

31  under this section;

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1         (c)  Penalize or otherwise reduce or limit the

 2  reimbursement of an attending provider solely because the

 3  attending provider provided care to an insured patient under

 4  this section;

 5         (d)  Provide incentives, monetary or otherwise, to an

 6  attending provider solely to induce the provider to provide

 7  care to an insured patient in a manner inconsistent with this

 8  section; or

 9         (e)  Subject to the other provisions of this section,

10  restrict benefits for any portion of a period within a

11  hospital length of stay or outpatient care as required by this

12  section in a manner that is less than favorable than the

13  benefits provided for any preceding portion of such stay.

14         (4)(a)  This section does not require an insured

15  patient to have a lymph-node dissection or the mastectomy in

16  the hospital or stay in the hospital for a fixed period of

17  time following a lymph-node dissection or the mastectomy.

18         (b)  This section does not prevent a policy from

19  imposing deductibles, coinsurance, or other cost-sharing in

20  relation to benefits under this section, except that such

21  cost-sharing may not exceed cost-sharing with other benefits.

22         (5)  Except as provided in subsection (3), this section

23  does not affect any agreement between an insurer and a

24  hospital or other health care provider with respect to

25  reimbursement for health care services provided, rate

26  negotiations with providers, or capitation of providers and

27  does not prohibit appropriate utilization review or case

28  management by the insurer.

29         (6)  This section does not apply to disability income,

30  specified diseases other than cancer, or hospital indemnity

31  policies.

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1         (7)  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 3.  Subsection (31) of section 641.31, Florida

 5  Statutes, is amended to read:

 6         641.31  Health maintenance contracts.--

 7         (31)(a)  Health maintenance contracts that provide

 8  medical and surgical benefits coverage, benefits, or services

 9  for breast cancer treatment may not limit inpatient hospital

10  coverage:

11         1.  For a lymph-node dissection for treatment of breast

12  cancer, to a period that is less than 24 hours of hospital

13  care immediately following the lymph-node dissection; or

14         2.  For a mastectomy, mastectomies to a any period that

15  is less than that determined by the treating physician under

16  contract with the health maintenance organization, after

17  consultation with the covered patient, to be medically

18  necessary in accordance with prevailing medical standards, or

19  48 hours following such a mastectomy, whichever period is

20  longer and after consultation with the covered patient.

21  

22  A Such contract that provides coverage for mastectomies must

23  also provide coverage for outpatient postsurgical followup

24  care in keeping with prevailing medical standards by a

25  licensed health care professional under contract with the

26  health maintenance organization qualified to provide

27  postsurgical mastectomy care. The treating physician under

28  contract with the health maintenance organization, after

29  consultation with the covered patient, may choose that the

30  outpatient care be provided at the most medically appropriate

31  

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1  setting, which may include the hospital, treating physician's

 2  office, outpatient center, or home of the covered patient.

 3         (b)  A health maintenance organization subject to this

 4  subsection may not:

 5         1.  Deny to a covered person eligibility, or continued

 6  eligibility, to enroll or to renew coverage under the terms of

 7  the contract for the purpose of avoiding the requirements of

 8  this subsection;

 9         2.  Provide monetary payments or rebates to a covered

10  patient to accept less than the minimum protections available

11  under this subsection;

12         3.  Penalize or otherwise reduce or limit the

13  reimbursement of an attending provider solely because the

14  attending provider provided care to a covered patient under

15  this subsection;

16         4.  Provide incentives, monetary or otherwise, to an

17  attending provider solely to induce the provider to provide

18  care to a covered patient in a manner inconsistent with this

19  subsection; or

20         5.  Subject to the other provisions of this subsection,

21  restrict benefits for any portion of a period within a

22  hospital length of stay or outpatient care as required by this

23  subsection in a manner that is less than favorable than the

24  benefits provided for any preceding portion of such stay.

25         (c)1.  This subsection does not require a covered

26  patient to have a lymph-node dissection or the mastectomy in

27  the hospital or stay in the hospital for a fixed period of

28  time following a lymph-node dissection or the mastectomy.

29         2.  This subsection does not prevent a contract from

30  imposing deductibles, coinsurance, or other cost sharing in

31  relation to benefits pursuant to this subsection, except that

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    Florida Senate - 2004                                  SB 1114
    7-671-04




 1  such cost sharing shall not exceed cost sharing with other

 2  benefits.

 3         (d)  Except as provided in paragraph (b), this

 4  subsection does not affect any agreement between a health

 5  maintenance organization and a hospital or other health care

 6  provider with respect to reimbursement for health care

 7  services provided, rate negotiations with providers, or

 8  capitation of providers, and does not prohibit appropriate

 9  utilization review or case management by the health

10  maintenance organization.

11         (e)  As used in this subsection, the term "mastectomy"

12  means the removal of all or part of the breast for medically

13  necessary reasons as determined by a licensed physician.

14         Section 4.  This act shall take effect July 1, 2004.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Amends provisions prescribing the length of hospital stay
      relating to a mastectomy which specified health insurers
19    and health maintenance organizations must cover. Provides
      requirements for the length of hospital stay relating to
20    a lymph-node dissection which specified health insurers
      and health maintenance organizations must cover. Limits
21    the application of the law.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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