Florida Senate - 2011                                    SB 1338
       
       
       
       By Senator Detert
       
       
       
       
       23-01396-11                                           20111338__
    1                        A bill to be entitled                      
    2         An act relating to contraception; creating ss.
    3         627.64194, 627.6614, and 641.31099, F.S.; providing
    4         definitions; requiring that health insurers and health
    5         maintenance organizations provide health insurance
    6         coverage for prescription contraceptive drugs and
    7         devices approved by the Food and Drug Administration
    8         and other related outpatient contraceptive services;
    9         prohibiting a health insurance policy or health
   10         maintenance contract from imposing an unusual
   11         copayment, coinsurance requirement, deductible, or
   12         waiting requirement for obtaining prescription
   13         contraceptive drugs or devices or certain outpatient
   14         contraceptive services; authorizing a religious
   15         employer to request, and requiring a health insurance
   16         policy or health maintenance contract to grant, an
   17         exclusion from coverage under the policy or contract
   18         for coverage for prescription contraceptive drugs or
   19         devices or certain outpatient contraceptive services
   20         under certain conditions; providing for application of
   21         the act; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 627.64194, Florida Statutes, is created
   26  to read:
   27         627.64194 Coverage for certain contraceptives.—
   28         (1) As used in this section, the term:
   29         (a) “Outpatient prescription drug” means a drug that is
   30  dispensed only upon prescription and that is dispensed by a
   31  pharmacist.
   32         (b) “Prescription contraceptive drug” or “prescription
   33  contraceptive device” means a drug, barrier, or device that is
   34  used to prevent pregnancy and must be prescribed by a health
   35  care provider who is licensed in this state to prescribe drugs.
   36         (2)(a) Notwithstanding any other provision of law, an
   37  accident or health insurance policy issued, amended, delivered,
   38  or renewed in this state which provides coverage for outpatient
   39  prescription drugs, must provide coverage, under terms and
   40  conditions applicable to other benefits, for prescription
   41  contraceptive drugs and devices approved by the Food and Drug
   42  Administration and for outpatient contraceptive services,
   43  including, but not limited to, the insertion and removal and
   44  medically necessary examinations associated with the use of such
   45  contraceptive drugs or devices, consultations, procedures, and
   46  medical services related to the use of contraceptive methods to
   47  prevent unplanned pregnancy.
   48         (b) The accident or health insurance policy that provides
   49  coverage for outpatient prescription drugs may not impose an
   50  unusual copayment, coinsurance requirement, deductible, or
   51  waiting requirement for obtaining:
   52         1. The prescription contraceptive drug or device; or
   53         2. The outpatient contraceptive services unless such
   54  additional cost sharing is imposed for access to health care
   55  practitioners for other types of health care services.
   56         (3)A religious employer may request, and an accident or
   57  health insurance policy subject to this section must grant, an
   58  exclusion from coverage under the policy for the coverage
   59  required under subsection (2) if the required coverage conflicts
   60  with the religious organization’s bona fide religious beliefs
   61  and practices. A religious employer that obtains an exclusion
   62  under this subsection shall provide its employees reasonable and
   63  timely notice of the exclusion.
   64         Section 2. Section 627.6614, Florida Statutes, is created
   65  to read:
   66         627.6614 Coverage for certain contraceptives.—
   67         (1) As used in this section, the term:
   68         (a) “Outpatient prescription drug” means a drug that is
   69  dispensed only upon prescription and that is dispensed by a
   70  pharmacist.
   71         (b) “Prescription contraceptive drug” or “prescription
   72  contraceptive device” means a drug, barrier, or device that is
   73  used to prevent pregnancy and must be prescribed by a health
   74  care provider who is licensed in this state to prescribe drugs.
   75         (2)(a) Notwithstanding any other provision of law, a group,
   76  blanket, or franchise, accident, or health insurance policy
   77  issued, amended, delivered, or renewed in this state which
   78  provides coverage for outpatient prescription drugs must provide
   79  coverage, under terms and conditions applicable to other
   80  benefits, for prescription contraceptive drugs and devices
   81  approved by the Food and Drug Administration and for outpatient
   82  contraceptive services, including, but not limited to, the
   83  insertion and removal and medically necessary examinations
   84  associated with the use of such contraceptive drug or device,
   85  consultations, procedures, and medical services related to the
   86  use of contraceptive methods to prevent unplanned pregnancy.
   87         (b) The group, blanket, or franchise, accident, or health
   88  insurance policy that provides coverage for outpatient
   89  prescription drugs may not impose an unusual copayment,
   90  coinsurance requirement, deductible, or waiting requirement for
   91  obtaining:
   92         1. The prescription contraceptive drug or device; or
   93         2. The outpatient contraceptive services unless such
   94  additional cost sharing is imposed for access to health care
   95  practitioners for other types of health care services.
   96         (3)A religious employer may request, and a group, blanket,
   97  or franchise, accident, or health insurance policy subject to
   98  this section must grant, an exclusion from coverage under the
   99  policy for the coverage required under subsection (2) if the
  100  required coverage conflicts with the religious organization’s
  101  bona fide religious beliefs and practices. A religious employer
  102  that obtains an exclusion under this subsection shall provide
  103  its employees reasonable and timely notice of the exclusion.
  104         Section 3. Section 641.31099, Florida Statutes, is created
  105  to read:
  106         641.31099Coverage for certain contraceptives.—
  107         (1) As used in this section, the term:
  108         (a) “Outpatient prescription drug” means a drug that is
  109  dispensed only upon prescription and that is dispensed by a
  110  pharmacist.
  111         (b) “Prescription contraceptive drug” or “prescription
  112  contraceptive device” means a drug, barrier, or device that is
  113  used to prevent pregnancy and must be prescribed by a health
  114  care provider who is licensed in this state to prescribe drugs.
  115         (2)(a) Notwithstanding any other provision of law, a health
  116  maintenance contract issued, amended, delivered, or renewed in
  117  this state which provides coverage for outpatient prescription
  118  drugs, must provide coverage, under terms and conditions
  119  applicable to other benefits, for prescription contraceptive
  120  drugs and devices approved by the Food and Drug Administration
  121  and for outpatient contraceptive services, including, but not
  122  limited to, the insertion and removal and medically necessary
  123  examinations associated with the use of such contraceptive drug
  124  or device, consultations, procedures, and medical services
  125  related to the use of contraceptive methods to prevent unplanned
  126  pregnancy.
  127         (b) The health maintenance contract that provides coverage
  128  for outpatient prescription drugs may not impose an unusual
  129  copayment, coinsurance requirement, deductible, or waiting
  130  requirement for:
  131         1. The prescription contraceptive drug or device; or
  132         2. The outpatient contraceptive services unless such
  133  additional cost sharing is imposed for access to health care
  134  practitioners for other types of health care services.
  135         (3)A religious employer may request, and a health
  136  maintenance contract subject to this section must grant, an
  137  exclusion from coverage under the contract for the coverage
  138  required under subsection (2) if the required coverage conflicts
  139  with the religious organization’s bona fide religious beliefs
  140  and practices. A religious employer that obtains an exclusion
  141  under this subsection shall provide its employees reasonable and
  142  timely notice of the exclusion.
  143         Section 4. This act shall take effect July 1, 2011, and
  144  applies only to contacts and policies issued or renewed on or
  145  after that date.