Florida Senate - 2008 SB 2446

By Senator Dawson

29-03579A-08 20082446__

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A bill to be entitled

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An act relating to occupational, physical, respiratory,

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and speech therapies; repealing s. 409.912(12), F.S.,

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which requires the Agency for Health Care Administration

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to establish a postpayment utilization control program

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designed to identify recipients who may inappropriately

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overuse or underuse Medicaid services; creating s.

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627.66912, F.S.; prohibiting a health insurance policy

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that covers occupational, physical, respiratory, and

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speech therapies from limiting such services if they are

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medically necessary; amending s. 641.31, F.S.; prohibiting

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a health maintenance organization that covers

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occupational, physical, respiratory, and speech therapies

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from limiting such services if they are medically

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necessary; 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. Subsection (12) of s. 409.912, Florida Statutes,

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is repealed.

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     Section 2.  Section 627.66912, Florida Statutes, is created

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to read:

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     627.66912 Required coverage for occupational, physical,

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respiratory, and speech therapies.--A health insurance policy

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that covers occupational, physical, respiratory, and speech

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therapies may not limit the amounts of such services if

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prescribed by a treating physician or surgeon licensed in this

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state and such physician or surgeon certifies that such services

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are medically necessary and consequent to ensure rehabilitation

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of a condition caused by an injury or disease. The coverage

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required by this section is subject to the terms and conditions

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applicable to other benefits. This section does not apply to

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specified-accident, specified-disease, hospital indemnity,

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limited benefit disability income, or long-term care insurance

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policies.

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     Section 3.  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) Each health maintenance contract that provide coverage

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for occupational, physical, respiratory, and speech therapies may

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not limit the amounts of such services if prescribed by a

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treating physician or surgeon licensed in this state, and such

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physician or surgeon certifies that such services are medically

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necessary and consequent to ensure rehabilitation of a condition

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caused by an injury or disease. The coverage required by this

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subsection is subject to terms and conditions applicable to other

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benefits.

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     Section 4.  This act shall take effect July 1, 2008.

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