Florida Senate - 2010 SB 2184 By Senator Altman 24-01567A-10 20102184__ 1 A bill to be entitled 2 An act relating to renal disease; creating s. 3 627.64081, F.S.; providing legislative intent; 4 prohibiting an insurer that covers dialysis treatment 5 for patients who have end-stage renal disease from 6 requiring an insured to travel more than a certain 7 number of minutes to obtain dialysis treatment or from 8 requiring an insured to change to another dialysis 9 provider; prohibiting an insurer that provides 10 coverage for dialysis treatment from shifting the 11 responsibility for reimbursement in coverage type to 12 another payer; requiring such insurer to provide 13 written notice of any change in covered services, 14 network access, reimbursement, or patient liability 15 for dialysis or related services; prohibiting an 16 insurer from requiring prior authorization for 17 dialysis services more than a certain number of times 18 each year; providing that the Insurance Code applies 19 to violations of the act; providing that the act does 20 not apply to benefits provided under Medicaid and 21 other governmental programs; amending ss. 627.662 and 22 641.31, F.S.; providing that the provisions of the act 23 governing dialysis treatment for certain patients 24 apply to group health insurance, blanket health 25 insurance, franchise health insurance, and health 26 maintenance contracts; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 627.64081, Florida Statutes, is created 31 to read: 32 627.64081 Chronic renal disease.— 33 (1) Chronic renal disease is a life-threatening condition 34 requiring frequent and complex treatment. Access to dialysis 35 treatment is life sustaining and can prevent more expensive 36 complications and treatments. Due to the unique nature of 37 dialysis treatment and the limited responsibility of private 38 payers for these services, the Legislature intends that persons 39 who have chronic renal disease be provided protections under the 40 law to ensure access to the care that they need for survival. 41 (2) Any insurer that offers a health benefit plan that 42 provides coverage for dialysis treatment for patients suffering 43 from end-stage renal disease may not require, as a condition of 44 coverage or reimbursement, an insured to: 45 (a) Travel more than 30 minutes, under normal 46 circumstances, from the insured’s home in order to obtain the 47 needed dialysis treatment modality, or, if the nearest access to 48 the modality is located more than 30 minutes from the insured’s 49 home, to travel a greater distance than the distance to the 50 nearest location to obtain that dialysis treatment; or 51 (b) Change to another dialysis provider. 52 (3) During the maximum coordination-of-benefits period, any 53 insurer that offers a health benefit plan that provides coverage 54 for dialysis treatment for patients suffering from end-stage 55 renal disease: 56 1. May not take any action that could shift the primary 57 responsibility for reimbursement in coverage type from the 58 insurer to another payer, including, but not limited to, 59 Medicare, Medicaid, or any other governmental program. 60 2. Shall provide written notice to an existing insured 61 patient and to the provider of any change in covered services, 62 network access, reimbursement, or patient liability for dialysis 63 or related services by certified mail at least 12 months before 64 the effective date of such proposed change. 65 3. May not require prior authorization for dialysis 66 services more than twice a year. Such authorization shall, in 67 each instance, be inclusive of all necessary components of 68 clinical treatment as prescribed by the insured’s physician. 69 70 As used in this subsection, the term “coordination-of-benefits 71 period” means the length of time during which an employer 72 sponsored, union-sponsored, or any other health benefit plan is 73 the primary payer and Medicare is the secondary payer for health 74 coverage for a person who has end-stage renal disease and is 75 eligible for Medicare on the basis of the end-stage renal 76 disease. 77 (4) Chapter 624 applies to violations under this section. 78 (5) This section does not apply to benefits provided 79 through Medicaid or other governmental programs. 80 Section 2. Subsection (15) is added to section 627.662, 81 Florida Statutes, to read: 82 627.662 Other provisions applicable.—The following 83 provisions apply to group health insurance, blanket health 84 insurance, and franchise health insurance: 85 (15) Section 627.64081, relating to dialysis treatment for 86 insureds suffering from end-stage renal disease. 87 Section 3. Subsection (44) is added to section 641.31, 88 Florida Statutes, to read: 89 641.31 Health maintenance contracts.— 90 (44) A health maintenance contract that provides coverage 91 for dialysis treatment for patients suffering from end-stage 92 renal disease must comply with s. 627.64081, and the penalty 93 provisions of this chapter apply to this subsection. 94 Section 4. This act shall take effect October 1, 2010.