Florida Senate - 2012 SB 598 By Senator Detert 23-00565-12 2012598__ 1 A bill to be entitled 2 An act relating to contraception; creating ss. 3 627.64194, 627.6614, and 641.3112, 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 641.3112, Florida Statutes, is created 105 to read: 106 641.3112 Coverage 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, 2012, and 144 applies only to contracts and policies issued or renewed on or 145 after that date.