HB 901

1
A bill to be entitled
2An act relating to health insurance; creating s.
3627.64194, F.S.; requiring individual accident or
4health insurance policies to provide certain coverage
5for orthoses and prostheses and orthotics and
6prosthetics; providing requirements and limitations;
7specifying deductible and copayment requirements;
8authorizing insurers to specify certain benefits
9limitations; providing for nonapplication to certain
10policy coverages; creating s. 627.66915, F.S.;
11requiring group, blanket, or franchise accident or
12health insurance policies to provide coverage for
13orthoses and prostheses and orthotics and prosthetics;
14providing requirements and limitations; specifying
15deductible and copayment requirements; authorizing
16insurers to specify certain benefits limitations;
17providing for nonapplication to certain policy
18coverages; amending s. 641.31, F.S.; requiring health
19maintenance contracts to provide coverage for orthoses
20and prostheses and orthotics and prosthetics;
21providing requirements and limitations; specifying
22deductible and copayment requirements; authorizing
23health maintenance organizations to specify certain
24benefits limitations; providing for nonapplication to
25certain contract coverages; providing an effective
26date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 627.64194, Florida Statutes, is created
31to read:
32     627.64194  Coverage for orthoses and prostheses and
33orthotics and prosthetics.-
34     (1)(a)  Each accident or health insurance policy issued,
35amended, delivered, or renewed in this state on or after January
361, 2013, that provides medical coverage that includes coverage
37for physician services in a physician's office and each accident
38or health insurance policy that provides major medical or
39similar comprehensive type coverage must provide coverage for
40benefits for orthoses and prostheses as defined in s. 468.80 and
41orthotics and prosthetics as defined in s. 468.80 that equal
42those benefits provided for under federal laws for health
43insurance for the aged and disabled pursuant to 42 U.S.C. ss.
441395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210,
45414.228, and 410.100 as applicable to this section.
46     (b)1.  The coverage is subject to the deductible and
47coinsurance provisions applicable to outpatient visits and is
48also subject to all other terms and conditions applicable to
49other benefits.
50     2.  Every insurer subject to the requirements of this
51section shall make available to the policyholder as part of the
52application, for an appropriate additional premium, the coverage
53required in this section without such coverage being subject to
54the deductible or coinsurance provisions of the policy.
55     (2)  An accident or health insurance policy may require
56prior authorization for orthoses and prostheses and orthotics
57and prosthetics in the same manner that prior authorization is
58required for any other covered benefit.
59     (3)(a)  Covered benefits for orthoses or prostheses shall
60be limited to the most appropriate model that adequately meets
61the medical needs of the patient as determined by the insured's
62treating physician.
63     (b)  The repair and replacement of orthoses or prostheses
64shall also be covered subject to copayments and deductibles,
65unless necessitated by misuse or loss.
66     (4)  An insurer may require, if coverage is provided
67through a managed care plan, that benefits mandated pursuant to
68this section be covered benefits only if the orthoses or
69prostheses are provided by a vendor and orthotics or prosthetics
70are rendered by an orthotist or prosthetist as defined in s.
71468.80.
72     (5)  This section does not apply to insurance coverage
73providing benefits for hospital confinement indemnity,
74disability income, accident only, long-term care, Medicare
75supplement, limited benefit health, specified disease indemnity,
76sickness or bodily injury or death by accident or both, and
77other limited benefit policies.
78     Section 2.  Section 627.66915, Florida Statutes, is created
79to read:
80     627.66915  Coverage for orthoses and prostheses and
81orthotics and prosthetics.-
82     (1)(a)  Each group, blanket, or franchise accident or
83health insurance policy issued, amended, delivered, or renewed
84in this state on or after January 1, 2013, that provides medical
85coverage that includes coverage for physician services in a
86physician's office and each such policy that provides major
87medical or similar comprehensive type coverage must provide
88coverage for benefits for orthoses and prostheses as defined in
89s. 468.80 and orthotics and prosthetics as defined in s. 468.80
90that equal those benefits provided for under federal laws for
91health insurance for the aged and disabled pursuant to 42 U.S.C.
92ss. 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210,
93414.228, and 410.100 as applicable to this section.
94     (b)1.  The coverage is subject to the deductible and
95coinsurance provisions applicable to outpatient visits and is
96also subject to all other terms and conditions applicable to
97other benefits.
98     2.  Every insurer subject to the requirements of this
99section shall make available to the policyholder as part of the
100application, for an appropriate additional premium, the coverage
101required in this section without such coverage being subject to
102the deductible or coinsurance provisions of the policy.
103     (2)  A group, blanket, or franchise accident or health
104insurance policy may require prior authorization for orthoses
105and prostheses and orthotics and prosthetics in the same manner
106that prior authorization is required for any other covered
107benefit.
108     (3)(a)  Covered benefits for orthoses or prostheses shall
109be limited to the most appropriate model that adequately meets
110the medical needs of the patient as determined by the insured's
111treating physician.
112     (b)  The repair and replacement of orthoses or prostheses
113shall also be covered subject to copayments and deductibles,
114unless necessitated by misuse or loss.
115     (4)  An insurer may require, if coverage is provided
116through a managed care plan, that benefits mandated pursuant to
117this section be covered benefits only if the orthoses or
118prostheses are provided by a vendor and orthotics or prosthetics
119are rendered by an orthotist or prosthetist as defined in s.
120468.80.
121     (5)  This section does not apply to insurance coverage
122providing benefits for hospital confinement indemnity,
123disability income, accident only, long-term care, Medicare
124supplement, limited benefit health, specified disease indemnity,
125sickness or bodily injury or death by accident or both, and
126other limited benefit policies.
127     Section 3.  Subsection (44) is added to section 641.31,
128Florida Statutes, to read:
129     641.31  Health maintenance contracts.-
130     (44)(a)  Each health maintenance contract issued, amended,
131delivered, or renewed in this state on or after January 1, 2013,
132that provides medical coverage that includes coverage for
133physician services in a physician's office and each contract,
134plan, or policy that provides major medical or similar
135comprehensive type coverage must provide coverage for benefits
136for orthoses and prostheses as defined in s. 468.80 and
137orthotics and prosthetics as defined in s. 468.80 that equal
138those benefits provided for under federal laws for health
139insurance for the aged and disabled pursuant to 42 U.S.C. ss.
1401395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210,
141414.228, and 410.100 as applicable to this subsection.
142     (b)1.  The coverage is subject to the deductible and
143coinsurance provisions applicable to outpatient visits and is
144also subject to all other terms and conditions applicable to
145other benefits.
146     2.  Every health maintenance organization subject to the
147requirements of this subsection shall make available to the
148subscriber as part of the application, for an appropriate
149additional premium, the coverage required in this subsection
150without such coverage being subject to the deductible or
151coinsurance provisions of the contract.
152     (c)  A health maintenance contract may require prior
153authorization for orthoses and prostheses and orthotics and
154prosthetics in the same manner that prior authorization is
155required for any other covered benefit.
156     (d)1.  Covered benefits for orthoses or prostheses shall be
157limited to the most appropriate model that adequately meets the
158medical needs of the patient as determined by the insured's
159treating physician.
160     2.  The repair and replacement of orthoses or prostheses
161shall also be covered subject to copayments and deductibles,
162unless necessitated by misuse or loss.
163     (e)  A health maintenance contract may require that
164benefits mandated pursuant to this subsection be covered
165benefits only if the orthoses or prostheses are provided by a
166vendor and orthotics or prosthetics are rendered by a orthotist
167or prosthetist as defined in s. 468.80.
168     (f)  This subsection does not apply to insurance coverage
169providing benefits for hospital confinement indemnity,
170disability income, accident only, long-term care, Medicare
171supplement, limited benefit health, specified disease indemnity,
172sickness or bodily injury or death by accident or both, and
173other limited benefit policies.
174     Section 4.  This act shall take effect July 1, 2012.


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