HB 263

1
A bill to be entitled
2An act relating to prescription drug coverage; prohibiting
3health insurance policies or medical service plan
4contracts from limiting, reducing, or denying coverage for
5drugs under certain circumstances; providing construction;
6limiting effect and application of the prohibition;
7providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  A health insurance policy or medical service
12plan contract that provides prescription drug coverage may not
13limit, reduce, or deny coverage to an insured or covered
14individual for any drug, if, prior to the limitation, reduction,
15or denial of coverage the insured or covered individual was
16using the drug, the insured was covered under the policy or
17contract, and the drug was covered under the policy or contract.
18A limitation, reduction, or denial of coverage includes removing
19a drug from the formulary or other drug list, imposing new prior
20authorization or other use management tools, placing the drug on
21a formulary tier that increases the patient's cost-sharing
22obligations, or otherwise increasing the patient's cost-sharing
23obligations for the drug. Nothing in this section prohibits an
24insurer from making uniform changes in its benefit design that
25apply to all covered drugs or from increasing cost-sharing
26obligations for the drug merely due to a percentage coinsurance
27payment that necessarily increases with an increase in the
28underlying drug prices.
29     Section 2.  This act shall take effect July 1, 2009.


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