1 | A bill to be entitled |
2 | An act relating to health insurance; creating s. |
3 | 627.64194, F.S.; requiring individual accident or |
4 | health insurance policies to provide certain coverage |
5 | for orthoses and prostheses and orthotics and |
6 | prosthetics; providing requirements and limitations; |
7 | specifying deductible and copayment requirements; |
8 | authorizing insurers to specify certain benefits |
9 | limitations; providing for nonapplication to certain |
10 | policy coverages; creating s. 627.66915, F.S.; |
11 | requiring group, blanket, or franchise accident or |
12 | health insurance policies to provide coverage for |
13 | orthoses and prostheses and orthotics and prosthetics; |
14 | providing requirements and limitations; specifying |
15 | deductible and copayment requirements; authorizing |
16 | insurers to specify certain benefits limitations; |
17 | providing for nonapplication to certain policy |
18 | coverages; amending s. 641.31, F.S.; requiring health |
19 | maintenance contracts to provide coverage for orthoses |
20 | and prostheses and orthotics and prosthetics; |
21 | providing requirements and limitations; specifying |
22 | deductible and copayment requirements; authorizing |
23 | health maintenance organizations to specify certain |
24 | benefits limitations; providing for nonapplication to |
25 | certain contract coverages; providing an effective |
26 | date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Section 627.64194, Florida Statutes, is created |
31 | to read: |
32 | 627.64194 Coverage for orthoses and prostheses and |
33 | orthotics and prosthetics.- |
34 | (1)(a) Each accident or health insurance policy issued, |
35 | amended, delivered, or renewed in this state on or after January |
36 | 1, 2013, that provides medical coverage that includes coverage |
37 | for physician services in a physician's office and each accident |
38 | or health insurance policy that provides major medical or |
39 | similar comprehensive type coverage must provide coverage for |
40 | benefits for orthoses and prostheses as defined in s. 468.80 and |
41 | orthotics and prosthetics as defined in s. 468.80 that equal |
42 | those benefits provided for under federal laws for health |
43 | insurance for the aged and disabled pursuant to 42 U.S.C. ss. |
44 | 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210, |
45 | 414.228, and 410.100 as applicable to this section. |
46 | (b)1. The coverage is subject to the deductible and |
47 | coinsurance provisions applicable to outpatient visits and is |
48 | also subject to all other terms and conditions applicable to |
49 | other benefits. |
50 | 2. Every insurer subject to the requirements of this |
51 | section shall make available to the policyholder as part of the |
52 | application, for an appropriate additional premium, the coverage |
53 | required in this section without such coverage being subject to |
54 | the deductible or coinsurance provisions of the policy. |
55 | (2) An accident or health insurance policy may require |
56 | prior authorization for orthoses and prostheses and orthotics |
57 | and prosthetics in the same manner that prior authorization is |
58 | required for any other covered benefit. |
59 | (3)(a) Covered benefits for orthoses or prostheses shall |
60 | be limited to the most appropriate model that adequately meets |
61 | the medical needs of the patient as determined by the insured's |
62 | treating physician. |
63 | (b) The repair and replacement of orthoses or prostheses |
64 | shall also be covered subject to copayments and deductibles, |
65 | unless necessitated by misuse or loss. |
66 | (4) An insurer may require, if coverage is provided |
67 | through a managed care plan, that benefits mandated pursuant to |
68 | this section be covered benefits only if the orthoses or |
69 | prostheses are provided by a vendor and orthotics or prosthetics |
70 | are rendered by an orthotist or prosthetist as defined in s. |
71 | 468.80. |
72 | (5) This section does not apply to insurance coverage |
73 | providing benefits for hospital confinement indemnity, |
74 | disability income, accident only, long-term care, Medicare |
75 | supplement, limited benefit health, specified disease indemnity, |
76 | sickness or bodily injury or death by accident or both, and |
77 | other limited benefit policies. |
78 | Section 2. Section 627.66915, Florida Statutes, is created |
79 | to read: |
80 | 627.66915 Coverage for orthoses and prostheses and |
81 | orthotics and prosthetics.- |
82 | (1)(a) Each group, blanket, or franchise accident or |
83 | health insurance policy issued, amended, delivered, or renewed |
84 | in this state on or after January 1, 2013, that provides medical |
85 | coverage that includes coverage for physician services in a |
86 | physician's office and each such policy that provides major |
87 | medical or similar comprehensive type coverage must provide |
88 | coverage for benefits for orthoses and prostheses as defined in |
89 | s. 468.80 and orthotics and prosthetics as defined in s. 468.80 |
90 | that equal those benefits provided for under federal laws for |
91 | health insurance for the aged and disabled pursuant to 42 U.S.C. |
92 | ss. 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210, |
93 | 414.228, and 410.100 as applicable to this section. |
94 | (b)1. The coverage is subject to the deductible and |
95 | coinsurance provisions applicable to outpatient visits and is |
96 | also subject to all other terms and conditions applicable to |
97 | other benefits. |
98 | 2. Every insurer subject to the requirements of this |
99 | section shall make available to the policyholder as part of the |
100 | application, for an appropriate additional premium, the coverage |
101 | required in this section without such coverage being subject to |
102 | the deductible or coinsurance provisions of the policy. |
103 | (2) A group, blanket, or franchise accident or health |
104 | insurance policy may require prior authorization for orthoses |
105 | and prostheses and orthotics and prosthetics in the same manner |
106 | that prior authorization is required for any other covered |
107 | benefit. |
108 | (3)(a) Covered benefits for orthoses or prostheses shall |
109 | be limited to the most appropriate model that adequately meets |
110 | the medical needs of the patient as determined by the insured's |
111 | treating physician. |
112 | (b) The repair and replacement of orthoses or prostheses |
113 | shall also be covered subject to copayments and deductibles, |
114 | unless necessitated by misuse or loss. |
115 | (4) An insurer may require, if coverage is provided |
116 | through a managed care plan, that benefits mandated pursuant to |
117 | this section be covered benefits only if the orthoses or |
118 | prostheses are provided by a vendor and orthotics or prosthetics |
119 | are rendered by an orthotist or prosthetist as defined in s. |
120 | 468.80. |
121 | (5) This section does not apply to insurance coverage |
122 | providing benefits for hospital confinement indemnity, |
123 | disability income, accident only, long-term care, Medicare |
124 | supplement, limited benefit health, specified disease indemnity, |
125 | sickness or bodily injury or death by accident or both, and |
126 | other limited benefit policies. |
127 | Section 3. Subsection (44) is added to section 641.31, |
128 | Florida Statutes, to read: |
129 | 641.31 Health maintenance contracts.- |
130 | (44)(a) Each health maintenance contract issued, amended, |
131 | delivered, or renewed in this state on or after January 1, 2013, |
132 | that provides medical coverage that includes coverage for |
133 | physician services in a physician's office and each contract, |
134 | plan, or policy that provides major medical or similar |
135 | comprehensive type coverage must provide coverage for benefits |
136 | for orthoses and prostheses as defined in s. 468.80 and |
137 | orthotics and prosthetics as defined in s. 468.80 that equal |
138 | those benefits provided for under federal laws for health |
139 | insurance for the aged and disabled pursuant to 42 U.S.C. ss. |
140 | 1395k, 1395l, and 1395m and 42 C.F.R. ss. 414.202, 414.210, |
141 | 414.228, and 410.100 as applicable to this subsection. |
142 | (b)1. The coverage is subject to the deductible and |
143 | coinsurance provisions applicable to outpatient visits and is |
144 | also subject to all other terms and conditions applicable to |
145 | other benefits. |
146 | 2. Every health maintenance organization subject to the |
147 | requirements of this subsection shall make available to the |
148 | subscriber as part of the application, for an appropriate |
149 | additional premium, the coverage required in this subsection |
150 | without such coverage being subject to the deductible or |
151 | coinsurance provisions of the contract. |
152 | (c) A health maintenance contract may require prior |
153 | authorization for orthoses and prostheses and orthotics and |
154 | prosthetics in the same manner that prior authorization is |
155 | required for any other covered benefit. |
156 | (d)1. Covered benefits for orthoses or prostheses shall be |
157 | limited to the most appropriate model that adequately meets the |
158 | medical needs of the patient as determined by the insured's |
159 | treating physician. |
160 | 2. The repair and replacement of orthoses or prostheses |
161 | shall also be covered subject to copayments and deductibles, |
162 | unless necessitated by misuse or loss. |
163 | (e) A health maintenance contract may require that |
164 | benefits mandated pursuant to this subsection be covered |
165 | benefits only if the orthoses or prostheses are provided by a |
166 | vendor and orthotics or prosthetics are rendered by a orthotist |
167 | or prosthetist as defined in s. 468.80. |
168 | (f) This subsection does not apply to insurance coverage |
169 | providing benefits for hospital confinement indemnity, |
170 | disability income, accident only, long-term care, Medicare |
171 | supplement, limited benefit health, specified disease indemnity, |
172 | sickness or bodily injury or death by accident or both, and |
173 | other limited benefit policies. |
174 | Section 4. This act shall take effect July 1, 2012. |