Florida Senate - 2011 SB 1882 By Senator Garcia 40-01494A-11 20111882__ 1 A bill to be entitled 2 An act relating to telemedicine coverage; requiring 3 health insurers, corporations, and health maintenance 4 organizations issuing certain health policies to 5 provide coverage for telemedicine services; providing 6 definitions; prohibiting the exclusion of telemedicine 7 cost coverage solely because the services were not 8 provided face to face; specifying conditions under 9 which an insurer, corporation, or health maintenance 10 organization must reimburse a telemedicine provider 11 for certain fees and costs; authorizing provisions 12 requiring a deductible, copayment, or coinsurance 13 requirement for telemedicine services under certain 14 circumstances; prohibiting the imposition of certain 15 dollar and durational coverage limitations or 16 copayments, coinsurance, or deductibles on 17 telemedicine services unless imposed equally on all 18 terms and services; providing application; providing 19 construction; requiring a utilization review under 20 certain circumstances; providing coverage under the 21 state plan or a waiver for health home services 22 provided to eligible individuals with chronic 23 conditions; providing effective dates. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Coverage for telemedicine services.—Each insurer 28 proposing to issue individual or group accident and sickness 29 insurance policies providing hospital, medical and surgical, or 30 major medical coverage on an expense-incurred basis; each 31 corporation providing individual or group accident and sickness 32 subscription contracts; and each health maintenance organization 33 providing a health care plan for health care services must 34 provide coverage for the cost of such health care services 35 provided through telemedicine services, as provided in this 36 section. 37 (1) As used in this section, the term: 38 (a) “Adverse decision” means a determination that the use 39 of telemedicine services rendered or proposed to be rendered is 40 not covered under the policy, contract, or plan. 41 (b) “Telemedicine services,” as it pertains to the delivery 42 of health care services, means interactive audio, video, or 43 other electronic media used for the purpose of diagnosis, 44 consultation, or treatment, including home health video 45 conferencing and remote patient monitoring. “Telemedicine 46 services” does not include an audio-only telephone, electronic 47 mail message, or facsimile transmission. 48 (c) “Utilization review” means a review to determine the 49 appropriateness of telemedicine services or whether coverage of 50 the delivery of telemedicine services rendered or proposed to be 51 rendered by a health care provider is required, provided the 52 determination is made in the same manner as those determinations 53 are made for the treatment of any other illness, condition, or 54 disorder covered under the policy, contract, or plan. 55 (2) An insurer, corporation, or health maintenance 56 organization may not exclude a service from coverage solely 57 because the service is provided through telemedicine services 58 rather than face-to-face consultation or contact between a 59 health care provider and a patient. 60 (3) An insurer, corporation, or health maintenance 61 organization is not required to reimburse the telemedicine 62 provider or the consulting provider for technological fees or 63 costs for the provision of telemedicine services; however, an 64 insurer, corporation, or health maintenance organization must 65 reimburse the telemedicine provider or the consulting provider 66 for the diagnosis, consultation, or treatment of the insured 67 delivered through telemedicine services on the same basis that 68 the insurer, corporation, or health maintenance organization is 69 responsible for coverage for the provision of the same services 70 through face-to-face diagnosis, consultation, or treatment. 71 (4) An insurer, corporation, or health maintenance 72 organization may offer a health care plan containing a 73 deductible, copayment, or coinsurance requirement for a health 74 care service provided through telemedicine services if the 75 deductible, copayment, or coinsurance does not exceed the 76 deductible, copayment, or coinsurance applicable if the same 77 services were provided through face-to-face diagnosis, 78 consultation, or treatment. 79 (5) An insurer, corporation, or health maintenance 80 organization may not impose any annual or lifetime dollar 81 maximum on coverage for telemedicine services other than an 82 annual or lifetime dollar maximum that applies in the aggregate 83 to all items and services covered under the policy, contract, or 84 plan and may not impose upon any person receiving benefits under 85 this section any copayment, coinsurance, or deductible amount, 86 or any policy year, calendar year, lifetime, or other durational 87 benefit limitation or maximum for benefits or services, that is 88 not equally imposed upon all terms and services covered under 89 the policy, contract, or plan. 90 (6) This section applies to: 91 (a) Insurance policies, contracts, and plans delivered, 92 issued for delivery, reissued, or extended in this state on and 93 after July 1, 2011, or at any time after July 1, 2011, when any 94 term of the policy, contract, or plan is changed or any premium 95 adjustment is made, but in no event later than July 1, 2012. For 96 purposes of this paragraph, all policies, contracts, and plans 97 are deemed to be renewed no later than the next yearly 98 anniversary date of the contract, policy, or plan. 99 (b) Medicaid plans if the health care service would be 100 covered were it provided through in-person consultation between 101 the recipient and a health care provider. 102 (7) This section does not apply to short-term travel, 103 accident-only, limited or specified disease, or individual 104 conversion policies or contracts or to policies or contracts 105 designed for issuance to persons eligible for Medicare coverage 106 under Title XVIII of the Social Security Act or any other 107 similar coverage under state or federal governmental plans. 108 (8) This section may not be construed to preclude any 109 insurer, corporation, or health maintenance organization 110 providing coverage for telemedicine services under an insurance 111 policy, contract, or plan from undertaking a utilization review. 112 After making an adverse decision, an insurer, corporation, or 113 health maintenance organization must notify the covered 114 individual and the individual’s health care provider and must 115 undertake a utilization review after receiving a written request 116 to undertake such review from a covered individual or the 117 individual’s health care provider. 118 Section 2. Effective January 1, 2012, under the state plan 119 or a waiver of the state plan, eligible individuals with chronic 120 conditions as defined in 42 U.S.C. s. 1396w-4 are eligible for 121 medical assistance that provides health home services in 122 compliance with 42 U.S.C. s. 1396w-4. 123 Section 3. Except as otherwise expressly provided in this 124 act, this act shall take effect July 1, 2011.