Florida Senate - 2008 (Reformatted) SB 364

By Senator Margolis

35-00230-08 2008364__

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A bill to be entitled

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An act relating to cystic fibrosis treatment; creating s.

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627.6614, F.S.; requiring a group health insurance policy

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to cover services needed to treat cystic fibrosis which

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are authorized by a physician; amending s. 641.31, F.S.;

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requiring a contract by a health maintenance organization

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to cover services needed to treat cystic fibrosis as

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authorized by a physician; amending s. 627.6515, F.S.,

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relating to out-of-state groups; conforming a cross-

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reference to changes made by the act; providing that the

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act fulfills an important state interest; providing an

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effective date.

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     WHEREAS, cystic fibrosis is a genetic disease that adversely

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affects the respiratory system and the digestive system, and

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     WHEREAS, only half of those suffering who have cystic

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fibrosis live to the age of 32, and

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     WHEREAS, the treatments for individuals who have cystic

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fibrosis include ingesting pancreatic enzymes or a wide

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assortment of nutritional supplements, frequent postural draining

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to clear the respiratory system, or using a feeding tube to

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provide sustenance, and

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     WHEREAS, insurance companies often times do not fully cover

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the costs associated with treating cystic fibrosis, a fatal

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disease, NOW, THEREFORE,

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

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     Section 1.  Section 627.6614, Florida Statutes, is created

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to read:

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     627.6614 Cystic fibrosis treatment services.--A group

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health insurance policy issued in this state must provide

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coverage for all medically necessary chest physiotherapy provided

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by a respiratory therapist licensed under part V of chapter 468,

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home health care, equipment, supplies, and enteral formulas

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described in s. 627.42395 which are used to treat cystic fibrosis

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if the patient's treating physician or a physician authorized by

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the insurer who specializes in the treatment of cystic fibrosis

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certifies that such services are medically necessary. The insurer

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may require the policyholder to be responsible for any deductible

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or copayment that generally applies under the policy.

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     Section 2.  Present subsections (36), (37), (38), (39), and

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(40) of section 641.31, Florida Statutes, are redesignated as

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subsections (37), (38), (39), (40), and (41), respectively, and a

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new subsection (36) is added to that section, to read:

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     641.31  Health maintenance contracts.--

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     (36) A group health maintenance contract issued in this

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state must provide coverage for all medically necessary chest

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physiotherapy provided by a respiratory therapist licensed under

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part V of chapter 468, home health care, equipment, supplies, and

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enteral formulas described in s. 627.42395 which are used to

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treat cystic fibrosis if the patient's treating physician or a

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physician authorized by the health maintenance organization who

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specializes in the treatment of cystic fibrosis certifies that

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such services are medically necessary. The health maintenance

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organization may require the subscriber to be responsible for any

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deductible or copayment that generally applies under the

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contract.

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     Section 3.  Subsection (2) of section 627.6515, Florida

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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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     (a)  The policy is issued to an employee group the

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composition of which is substantially as described in s. 627.653;

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a labor union group or association group the composition of which

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is substantially as described in s. 627.654; an additional group

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the composition of which is substantially as described in s.

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627.656; a group insured under a blanket health policy when the

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composition of the group is substantially in compliance with s.

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627.659; a group insured under a franchise health policy when the

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composition of the group is substantially in compliance with s.

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627.663; an association group to cover persons associated in any

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other common group, which common group is formed primarily for

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purposes other than providing insurance; a group that is

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established primarily for the purpose of providing group

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insurance, provided the benefits are reasonable in relation to

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the premiums charged thereunder and the issuance of the group

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policy has resulted, or will result, in economies of

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administration; or a group of insurance agents of an insurer,

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which insurer is the policyholder;

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     (b)  Certificates evidencing coverage under the policy are

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issued to residents of this state and contain in contrasting

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color and not less than 10-point type the following statement:  

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"The benefits of the policy providing your coverage are governed

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primarily by the law of a state other than Florida"; and

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     (c)  The policy provides the benefits specified in ss.

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627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,

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627.66122, 627.6613, 627.6614, 627.667, 627.6675, 627.6691, and

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627.66911.

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     (d)  Applications for certificates of coverage offered to

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residents of this state must contain, in contrasting color and

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not less than 12-point type, the following statement on the same

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page as the applicant's signature:  

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"This policy is primarily governed by the laws of

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...insert state where the master policy is if

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filed.... As a result, all of the rating laws

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applicable to policies filed in this state do not

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apply to this coverage, which may result in increases

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in your premium at renewal that would not be

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permissible under a Florida-approved policy. Any

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purchase of individual health insurance should be

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considered carefully, as future medical conditions

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may make it impossible to qualify for another

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individual health policy. For information concerning

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individual health coverage under a Florida-approved

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policy, consult your agent or the Florida Department

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of Financial Services."

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This paragraph applies only to group certificates providing

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health insurance coverage which require individualized

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underwriting to determine coverage eligibility for an

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individual or premium rates to be charged to an individual

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except for the following:

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     1.  Policies issued to provide coverage to groups of

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persons all of whom are in the same or functionally related

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licensed professions, and providing coverage only to such

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licensed professionals, their employees, or their dependents;

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     2.  Policies providing coverage to small employers as

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defined by s. 627.6699. Such policies shall be subject to, and

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governed by, the provisions of s. 627.6699;

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     3.  Policies issued to a bona fide association, as defined

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by s. 627.6571(5), provided that there is a person or board

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acting as a fiduciary for the benefit of the members, and such

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association is not owned, controlled by, or otherwise

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associated with the insurance company; or

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     4.  Any accidental death, accidental death and

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dismemberment, accident-only, vision-only, dental-only,

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hospital indemnity-only, hospital accident-only, cancer,

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specified disease, Medicare supplement, products that

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supplement Medicare, long-term care, or disability income

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insurance, or similar supplemental plans provided under a

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separate policy, certificate, or contract of insurance, which

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cannot duplicate coverage under an underlying health plan,

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coinsurance, or deductibles or coverage issued as a supplement

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to workers' compensation or similar insurance, or automobile

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medical-payment insurance.

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     Section 4. The Legislature finds that this act fulfills

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an important state interest.

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     Section 5.  This act shall take effect January 1, 2009,

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and applies to policies and contracts issued or renewed on or

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after that date.

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