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