Senate Bill sb2022

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2022

    By Senator Wise





    5-1385-06                                          See HB 1013

  1                      A bill to be entitled

  2         An act relating to Lyme disease; providing a

  3         short title; creating s. 381.801, F.S.;

  4         providing definitions; requiring certain health

  5         insurance policies and health maintenance

  6         organization contracts to provide coverage for

  7         Lyme disease diagnosis and treatment; creating

  8         s. 627.64194, F.S.; providing definitions;

  9         requiring certain health insurance policies to

10         provide coverage for Lyme disease diagnosis and

11         treatment; providing applicability for

12         referrals made in accordance with procedures

13         authorized by health insurance policies;

14         amending s. 641.31, F.S.; providing

15         definitions; requiring certain health

16         maintenance organization contracts to provide

17         coverage for Lyme disease diagnosis and

18         treatment; providing applicability for

19         referrals made in accordance with procedures

20         authorized by health maintenance organization

21         contracts; providing an effective date.

22  

23         WHEREAS, the Legislature recognizes that Lyme disease

24  exists in Florida and has a negative impact on its citizens,

25  and

26         WHEREAS, Lyme disease is the most common vector-borne

27  disease in the United States and other tick-associated

28  diseases are being identified, and

29         WHEREAS, the Department of Health maintains that early

30  diagnosis and proper treatment of Lyme disease are important

31  

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    Florida Senate - 2006                                  SB 2022
    5-1385-06                                          See HB 1013




 1  strategies in avoiding the complications and expenses of

 2  infection and late-stage illness, and

 3         WHEREAS, the lack of insurance coverage for diagnosis

 4  and long-term antibiotic therapies or other newly developed

 5  evidence-based therapies or treatment is a major barrier to

 6  adequate medical care for patients with symptoms compatible

 7  with chronic Lyme disease, and

 8         WHEREAS, the Legislature feels a responsibility to help

 9  the citizens of the state who suffer from Lyme disease and who

10  may not obtain a timely diagnosis or obtain the appropriate

11  treatment, and to protect the physicians who treat sufferers

12  of Lyme disease, by adopting legislation that promotes the

13  diagnosis and treatment of Lyme disease in Florida, NOW,

14  THEREFORE,

15  

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

17  

18         Section 1.  This act may be cited as the "Lyme Disease

19  Insurance Coverage Act."

20         Section 2.  Section 381.801, Florida Statutes, is

21  created to read:

22         381.801  Lyme disease; definitions; coverage.--

23         (1)  For purposes of this section:

24         (a)  "Coverage" means an insurer may not contest,

25  reverse, or deny payment for diagnostic testing or long-term

26  antibiotic therapy or other newly developed evidence-based

27  therapy based upon a physician's order, whether the physician

28  is in a preferred provider network as defined in s.

29  627.6471(1)(c) or not, if the treating physician has

30  determined the therapy to be medically necessary.

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2022
    5-1385-06                                          See HB 1013




 1         (b)  "Long-term antibiotic therapy" means

 2  administration of oral, intramuscular, or intravenous

 3  antibiotics, singly or in combination, for a period of more

 4  than 4 weeks.

 5         (c)  "Lyme disease" means the clinical diagnosis by a

 6  physician of the presence in a patient of signs and symptoms

 7  compatible with acute, late-stage, recurrent, or chronic

 8  infection with Borrelia burgdorferi or with complications

 9  related to such an infection. Lyme disease includes an

10  infection that meets the surveillance criteria set forth by

11  the Centers for Disease Control and Prevention and also

12  includes other acute, late-stage, recurrent, and chronic

13  manifestations of such an infection as determined by the

14  treating physician.

15         (d)  "Medically necessary" means the use of long-term

16  antibiotic therapy or other newly developed evidence-based

17  therapy that the physician has determined is necessary in a

18  particular case based on the patient's symptoms, signs, and

19  responsiveness to the treatment prescribed by the physician.

20         (e)  "Physician" means a person licensed to practice

21  medicine under chapter 458 or osteopathic medicine under

22  chapter 459 or a person who is licensed to practice medicine

23  or osteopathic medicine in any other state and whose license

24  is currently valid and the requirements for practicing in such

25  a capacity are substantially similar to or are more stringent

26  than those of this state.

27         (2)  Health insurance policies and health maintenance

28  organization contracts shall provide coverage for the

29  diagnosis and treatment of Lyme disease, including long-term

30  antibiotic therapy or other newly developed evidence-based

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2022
    5-1385-06                                          See HB 1013




 1  therapy, as deemed to be medically necessary by a physician,

 2  as specified in ss. 627.64194 and 641.31(36).

 3         Section 3.  Section 627.64194, Florida Statutes, is

 4  created to read:

 5         627.64194  Required coverage for Lyme disease.--

 6         (1)  As used in this section:

 7         (a)  "Coverage" means an insurer may not contest,

 8  reverse, or deny payment for diagnostic testing or long-term

 9  antibiotic therapy or other newly developed evidence-based

10  therapy based upon a physician's order, whether the physician

11  is in a preferred provider network as defined in s.

12  627.6471(1)(c) or not, if the treating physician has

13  determined the therapy to be medically necessary.

14         (b)  "Long-term antibiotic therapy" means

15  administration of oral, intramuscular, or intravenous

16  antibiotics, singly or in combination, for a period of more

17  than 4 weeks.

18         (c)  "Lyme disease" means the clinical diagnosis by a

19  physician of the presence in a patient of signs and symptoms

20  compatible with acute, late-stage, recurrent, or chronic

21  infection with Borrelia burgdorferi or with complications

22  related to such an infection. Lyme disease includes an

23  infection that meets the surveillance criteria set forth by

24  the Centers for Disease Control and Prevention and also

25  includes other acute, late-stage, recurrent, and chronic

26  manifestations of such an infection as determined by the

27  treating physician.

28         (d)  "Medically necessary" means the use of long-term

29  antibiotic therapy or other newly developed evidence-based

30  therapy that the physician has determined is necessary in a

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2022
    5-1385-06                                          See HB 1013




 1  particular case based on the patient's symptoms, signs, and

 2  responsiveness to the treatment prescribed by the physician.

 3         (e)  "Physician" means a person licensed to practice

 4  medicine under chapter 458 or osteopathic medicine under

 5  chapter 459 or a person who is licensed to practice medicine

 6  or osteopathic medicine in any other state and whose license

 7  is currently valid and the requirements for practicing in such

 8  a capacity are substantially similar to or are more stringent

 9  than those of this state.

10         (2)  A health insurance policy that covers a resident

11  of this state and that is issued, amended, delivered, or

12  renewed in this state on or after July 1, 2006, shall provide

13  coverage for the diagnosis and treatment of Lyme disease and

14  its sequelae, including, but not limited to, long-term

15  antibiotic therapy or other newly developed evidence-based

16  therapy to control Lyme disease and its sequelae, when a

17  physician deems the treatment to be medically necessary and

18  orders such therapy after making a thorough evaluation of the

19  patient's symptoms and signs, diagnostic test results, and

20  response to treatment and the physician has documented

21  objective clinical change.

22         (3)  This section shall apply to a physician who is

23  licensed to practice medicine or osteopathic medicine in any

24  other state and whose license is currently valid and the

25  requirements for practicing in such a capacity are

26  substantially similar to or are more stringent than those of

27  this state, provided a referral for the required coverage is

28  made in accordance with the procedures authorized by the

29  health insurance policy.

30         Section 4.  Subsections (36) through (40) of section

31  641.31, Florida Statutes, are renumbered as subsections (37)

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    Florida Senate - 2006                                  SB 2022
    5-1385-06                                          See HB 1013




 1  through (41), respectively, and a new subsection (36) is added

 2  to that section to read:

 3         641.31  Health maintenance contracts.--

 4         (36)(a)  As used in this subsection:

 5         1.  "Coverage" means an insurer may not contest,

 6  reverse, or deny payment for diagnostic testing or long-term

 7  antibiotic therapy or other newly developed evidence-based

 8  therapy based upon a physician's order, whether the physician

 9  is in a health maintenance organization's provider network or

10  not, if the treating physician has determined the therapy to

11  be medically necessary.

12         2.  "Long-term antibiotic therapy" means administration

13  of oral, intramuscular, or intravenous antibiotics, singly or

14  in combination, for a period of more than 4 weeks.

15         3.  "Lyme disease" means the clinical diagnosis by a

16  physician of the presence in a patient of signs and symptoms

17  compatible with acute, late-stage, recurrent, or chronic

18  infection with Borrelia burgdorferi or with complications

19  related to such an infection. Lyme disease includes an

20  infection that meets the surveillance criteria set forth by

21  the Centers for Disease Control and Prevention and also

22  includes other acute, late-stage, recurrent, and chronic

23  manifestations of such an infection as determined by the

24  treating physician.

25         4.  "Medically necessary" means the use of long-term

26  antibiotic therapy or other newly developed evidence-based

27  therapy that the physician has determined is necessary in a

28  particular case based on the patient's symptoms, signs, and

29  responsiveness to the treatment prescribed by the physician.

30         5.  "Physician" means a person licensed to practice

31  medicine under chapter 458 or osteopathic medicine under

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2022
    5-1385-06                                          See HB 1013




 1  chapter 459 or a person who is licensed to practice medicine

 2  or osteopathic medicine in any other state and whose license

 3  is currently valid and the requirements for practicing in such

 4  a capacity are substantially similar to or are more stringent

 5  than those of this state.

 6         (b)  A health maintenance organization contract that

 7  covers a resident of this state and that is issued, amended,

 8  delivered, or renewed in this state on or after July 1, 2006,

 9  shall provide coverage for the diagnosis and treatment of Lyme

10  disease and its sequelae, including, but not limited to,

11  long-term antibiotic therapy or other newly developed

12  evidence-based therapy to control Lyme disease and its

13  sequelae, when a physician deems the treatment to be medically

14  necessary and orders such therapy after making a thorough

15  evaluation of the patient's symptoms and signs, diagnostic

16  test results, and response to treatment and the physician has

17  documented objective clinical change.

18         (c)  This subsection shall apply to a physician who is

19  licensed to practice medicine or osteopathic medicine in any

20  other state and whose license is currently valid and the

21  requirements for practicing in such a capacity are

22  substantially similar to or are more stringent than those of

23  this state, provided a referral for the required coverage is

24  made in accordance with the procedures authorized by the

25  health maintenance organization contract.

26         Section 5.  This act shall take effect July 1, 2006.

27  

28  

29  

30  

31  

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