Senate Bill sb1172e2

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    SB 1172                                       Second Engrossed



  1                      A bill to be entitled

  2         An act relating to breast cancer treatment;

  3         amending s. 627.42395, F.S.; including certain

  4         amino-acid-based formulas within requirements

  5         concerning optional coverage for formulas;

  6         providing a short title; amending ss.

  7         627.64171, 627.66121, and 641.31, F.S.;

  8         including lymph node dissections under

  9         provisions prescribing the length of hospital

10         stay relating to a mastectomy and the

11         outpatient postsurgical followup care which

12         specified health insurers and health

13         maintenance organizations must cover; limiting

14         application; providing an effective date.

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

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18         Section 1.  This act may be cited as the "Mary B. Hooks

19  Act."

20         Section 2.  Subsections (1) and (2) and paragraph (a)

21  of subsection (4) of section 627.64171, Florida Statutes, are

22  amended to read:

23         627.64171  Coverage for length of stay and outpatient

24  postsurgical care.--

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

26  amended, delivered, or renewed in this state which provides

27  coverage for breast cancer treatment may not limit inpatient

28  hospital coverage for lymph node dissections or mastectomies

29  to any period that is less than that determined by the

30  treating physician to be medically necessary in accordance

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    SB 1172                                       Second Engrossed



 1  with prevailing medical standards and after consultation with

 2  the insured patient.

 3         (2)  Any health insurance policy that provides coverage

 4  for lymph node dissections or mastectomies under subsection

 5  (1) must also provide coverage for outpatient postsurgical

 6  followup care in keeping with prevailing medical standards by

 7  a licensed health care professional qualified to provide

 8  postsurgical lymph node dissection or mastectomy care. The

 9  treating physician, after consultation with the insured

10  patient, may choose that the outpatient care be provided at

11  the most medically appropriate setting, which may include the

12  hospital, treating physician's office, outpatient center, or

13  home of the insured patient.

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 the lymph node dissection or mastectomy.

18         Section 3.  Subsections (1) and (2) and paragraph (a)

19  of subsection (4) of section 627.66121, Florida Statutes, are

20  amended to read:

21         627.66121  Coverage for length of stay and outpatient

22  postsurgical care.--

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

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

25  renewed in this state which provides coverage for breast

26  cancer treatment may not limit inpatient hospital coverage for

27  lymph node dissections or mastectomies to any period that is

28  less than that determined by the treating physician to be

29  medically necessary in accordance with prevailing medical

30  standards and after consultation with the insured patient.

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    SB 1172                                       Second Engrossed



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

 2  health insurance policy that provides coverage for lymph node

 3  dissections or mastectomies under subsection (1) must also

 4  provide coverage for outpatient postsurgical followup care in

 5  keeping with prevailing medical standards by a licensed health

 6  care professional qualified to provide postsurgical lymph node

 7  dissection or mastectomy care. The treating physician, after

 8  consultation with the insured patient, may choose that the

 9  outpatient care be provided at the most medically appropriate

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

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

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

13  patient to have a lymph node dissection or the mastectomy in

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

15  time following the lymph node dissection or mastectomy.

16         Section 4.  Paragraphs (a) and (c) of subsection (31)

17  of section 641.31, Florida Statutes, are amended to read:

18         641.31  Health maintenance contracts.--

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

20  coverage, benefits, or services for breast cancer treatment

21  may not limit inpatient hospital coverage for lymph node

22  dissections or mastectomies to any period that is less than

23  that determined by the treating physician under contract with

24  the health maintenance organization to be medically necessary

25  in accordance with prevailing medical standards and after

26  consultation with the covered patient. Such contract must also

27  provide coverage for outpatient postsurgical followup care in

28  keeping with prevailing medical standards by a licensed health

29  care professional under contract with the health maintenance

30  organization qualified to provide postsurgical lymph node

31  dissection or mastectomy care. The treating physician under


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    SB 1172                                       Second Engrossed



 1  contract with the health maintenance organization, after

 2  consultation with the covered patient, may choose that the

 3  outpatient care be provided at the most medically appropriate

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

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

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

 7  patient to have a lymph node dissection or the mastectomy in

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

 9  time following the lymph node dissection or mastectomy.

10         2.  This subsection does not prevent a contract from

11  imposing deductibles, coinsurance, or other cost sharing in

12  relation to benefits pursuant to this subsection, except that

13  such cost sharing shall not exceed cost sharing with other

14  benefits.

15         Section 5.  This act shall take effect July 1, 2007.

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