Florida Senate - 2008 (Reformatted) SB 1010
By Senator Hill
1-02415A-08 20081010__
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A bill to be entitled
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An act relating to health insurance; creating the "Senator
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Les Miller Act"; creating ss. 627.64091 and 627.64185,
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F.S., and amending s. 641.31, F.S.; requiring that health
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insurance policies, group health insurance policies, and
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health maintenance contracts provide coverage for an
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annual screening for prostate cancer for men of a
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specified age or older; providing requirements for the
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screening; providing that coverage for prostate cancer
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screening does not limit diagnostic benefits otherwise
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allowed under the policy; amending s. 627.6515, F.S.;
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providing for the benefit requirement to apply to a group
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health insurance policy issued or delivered outside the
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state; providing a finding that the act fulfills an
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important state interest; providing for application of the
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act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Senator Les Miller
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Act."
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Section 2. Section 627.64091, Florida Statutes, is created
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to read:
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627.64091 Coverage for prostate cancer screening.--
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(1) A health insurance policy providing coverage to a man
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40 years of age or older must provide coverage for annual
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screening for prostate cancer for such a man in accordance with
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the guidelines for the early detection of prostate cancer set
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forth in the National Comprehensive Cancer Network or other
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evidence-based source.
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(2) The coverage for prostate cancer screening shall
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consist, at a minimum, of the following tests:
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(a) Prostate-specific antigen blood test; and
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(b) Digital rectal examination.
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(3) If a licensed medical practitioner recommends that an
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insured undergo a prostate-specific antigen blood test, coverage
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may not be denied because that person previously had a digital
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rectal exam and the exam results were negative.
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(4) The benefits required by this section do not limit
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diagnostic benefits otherwise allowable under the policy.
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Section 3. Paragraph (c) of subsection (2) of section
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627.6515, Florida Statutes, is amended to read:
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627.6515 Out-of-state groups.--
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(2) Except as otherwise provided in this part, this part
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does not apply to a group health insurance policy issued or
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delivered outside this state under which a resident of this state
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is provided coverage if:
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(c) The policy provides the benefits specified in ss.
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Section 4. Section 627.64185, Florida Statutes, is created
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to read:
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627.64185 Coverage for prostate cancer screening.--
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(1) A group health insurance policy that provides coverage
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to a man 40 years of age or older must provide coverage for
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annual screening for prostate cancer for such a man in accordance
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with the guidelines for the early detection of prostate cancer
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set forth in the National Comprehensive Cancer Network or other
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evidence-based source.
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(2) The coverage for prostate cancer screening shall
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consist, at a minimum, of the following tests:
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(a) Prostate-specific antigen blood test; and
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(b) Digital rectal examination.
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(3) If a licensed medical practitioner recommends that an
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insured undergo a prostate-specific antigen blood test, coverage
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may not be denied because that person previously had a digital
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rectal exam and the exam results were negative.
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(4) The benefits required by this section do not limit
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diagnostic benefits otherwise allowable under the policy.
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Section 5. Subsection (41) is added to section 641.31,
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Florida Statutes, to read:
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641.31 Health maintenance contracts.--
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(41)(a) A health maintenance organization contract that
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provides coverage to a man 40 years of age or older must provide
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coverage for annual screening for prostate cancer for such a man
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in accordance with the guidelines for the early detection of
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prostate cancer set forth in the National Comprehensive Cancer
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Network or other evidence-based source.
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(b) The coverage for prostate cancer screening shall
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consist, at a minimum, of the following tests:
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1. Prostate-specific antigen blood test; and
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2. Digital rectal examination.
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(c) If a licensed medical practitioner recommends that a
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subscriber undergo a prostate-specific antigen blood test,
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coverage may not be denied because that person previously had a
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digital rectal exam and the exam results were negative.
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(d) The benefits required by this section do not limit
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diagnostic benefits otherwise allowable under the contract.
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Section 6. The Legislature finds that the provisions of
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this act fulfill an important state interest.
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Section 7. This act shall take effect January 1, 2009, and
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applies to policies and contracts issued or renewed on or after
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that date.
CODING: Words stricken are deletions; words underlined are additions.