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