HB 623

1
A bill to be entitled
2An act relating to cancer chemotherapy treatment
3parity; creating ss. 627.42391 and 641.313, F.S.;
4requiring individual or group insurance policies and
5health maintenance contracts providing coverage for
6cancer chemotherapy treatment to provide at least
7equally favorable coverage for prescribed, orally
8administered anticancer medications; specifying that
9compliance with such requirement may not be achieved
10by increasing policy or contract copayments,
11deductibles, or coinsurance amounts applicable to
12intravenously administered or injected anticancer
13medications; providing construction; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 627.42391, Florida Statutes, is created
19to read:
20     627.42391  Cancer chemotherapy treatment parity; orally
21administered anticancer medication.-
22     (1)  An individual or group insurance policy that provides
23coverage for cancer chemotherapy treatment must provide coverage
24for a prescribed, orally administered anticancer medication on a
25basis no less favorable than that on which it provides coverage
26for intravenously administered or injected anticancer
27medications.
28     (2)  An individual or group insurance policy may not
29achieve compliance with subsection (1) by imposing an increase
30in the copayment, deductible, or coinsurance amount for
31intravenously administered or injected anticancer medications
32covered under the policy on the effective date of this act.
33     (3)  This section may not be construed to:
34     (a)  Prohibit an insurer from requiring prior authorization
35or imposing other appropriate utilization controls relating to
36the approval of coverage for the use of cancer chemotherapy
37treatment.
38     (b)  Require coverage in an individual or group insurance
39policy for cancer chemotherapy treatment.
40     Section 2.  Section 641.313, Florida Statutes, is created
41to read:
42     641.313  Cancer chemotherapy treatment parity; orally
43administered anticancer medication.-
44     (1)  A health maintenance contract that provides coverage
45for cancer chemotherapy treatment must provide coverage for a
46prescribed, orally administered anticancer medication on a basis
47no less favorable than that on which it provides coverage for
48intravenously administered or injected anticancer medications.
49     (2)  A health maintenance contract may not achieve
50compliance with subsection (1) by imposing an increase in the
51copayment, deductible, or coinsurance amount for intravenously
52administered or injected anticancer medications covered under
53the contract on the effective date of this act.
54     (3)  This section may not be construed to:
55     (a)  Prohibit a health maintenance organization from
56requiring prior authorization or imposing other appropriate
57utilization controls relating to the approval of coverage for
58the use of cancer chemotherapy treatment.
59     (b)  Require coverage in a health maintenance contract for
60cancer chemotherapy treatment.
61     Section 3.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.