| 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 | 
  | 
| 28 | Be It Enacted by the Legislature of the State of Florida: | 
| 29 | 
  | 
| 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. |