Florida Senate - 2013 SB 422 By Senator Benacquisto 30-00169A-13 2013422__ 1 A bill to be entitled 2 An act relating to cancer treatment; providing a short 3 title; creating ss. 627.42391 and 641.313, F.S.; 4 providing definitions; requiring that an individual or 5 group insurance policy or contract or a health 6 maintenance contract that provides coverage for cancer 7 treatment medications provide coverage for orally 8 administered cancer treatment medications on a basis 9 no less favorable than that required by the policy or 10 contract for intravenously administered or injected 11 cancer treatment medications; prohibiting insurers, 12 health maintenance organizations, and certain other 13 entities from engaging in specified actions to avoid 14 compliance with this act; providing a directive to the 15 Division of Law Revision and Information; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. This act may be cited as the “Cancer Treatment 21 Fairness Act.” 22 Section 2. Section 627.42391, Florida Statutes, is created 23 to read: 24 627.42391 Insurance policies; cancer treatment parity; 25 orally administered cancer treatment medications.— 26 (1) As used in this section, the term: 27 (a) “Cancer treatment medication” means medication 28 prescribed by a treating physician who determines that the 29 medication is medically necessary to kill or slow the growth of 30 cancerous cells in a manner consistent with nationally accepted 31 standards of practice. 32 (b) “Cost sharing” includes copayments, coinsurance, dollar 33 limits, and deductibles imposed on the covered person. 34 (2) An individual or group insurance policy delivered, 35 issued for delivery, renewed, amended, or continued in this 36 state that provides medical, major medical, or similar 37 comprehensive coverage and includes coverage for cancer 38 treatment medications must also cover prescribed, orally 39 administered cancer treatment medications and may not apply 40 cost-sharing requirements for orally administered cancer 41 treatment medications that are less favorable to the covered 42 person than cost-sharing requirements for intravenous or 43 injected cancer treatment medications covered under the policy 44 or contract. 45 (3) An insurer providing a policy or contract described in 46 subsection (2) and any participating entity through which the 47 insurer offers health services may not: 48 (a) Vary the terms of the policy in effect on the effective 49 date of this act to avoid compliance with this section. 50 (b) Provide any incentive, including, but not limited to, a 51 monetary incentive, or impose treatment limitations to encourage 52 a covered person to accept less than the minimum protections 53 available under this section. 54 (c) Penalize a health care practitioner or reduce or limit 55 the compensation of a health care practitioner for recommending 56 or providing services or care to a covered person as required 57 under this section. 58 (d) Provide any incentive, including, but not limited to, a 59 monetary incentive, to induce a health care practitioner to 60 provide care or services that do not comply with this section. 61 (e) Change the classification of any intravenous or 62 injected cancer treatment medication or increase the amount of 63 cost sharing applicable to any intravenous or injected cancer 64 treatment medication in effect on the effective date of this act 65 in order to achieve compliance with this section. 66 Section 3. Section 641.313, Florida Statutes, is created to 67 read: 68 641.313 Health maintenance contracts; cancer treatment 69 parity; orally administered cancer treatment medications.— 70 (1) As used in this section, the term: 71 (a) “Cancer treatment medication” means medication 72 prescribed by a treating physician who determines that the 73 medication is medically necessary to kill or slow the growth of 74 cancerous cells in a manner consistent with nationally accepted 75 standards of practice. 76 (b) “Cost sharing” includes copayments, coinsurance, dollar 77 limits, and deductibles imposed on the covered person. 78 (2) A health maintenance contract delivered, issued for 79 delivery, renewed, amended, or continued in this state that 80 provides medical, major medical, or similar comprehensive 81 coverage and includes coverage for cancer treatment medications 82 must also cover prescribed, orally administered cancer treatment 83 medications and may not apply cost-sharing requirements for 84 orally administered cancer treatment medications that are less 85 favorable to the covered person than cost-sharing requirements 86 for intravenous or injected cancer treatment medications covered 87 under the contract. 88 (3) A health maintenance organization providing a contract 89 described in subsection (2) and any participating entity through 90 which the health maintenance organization offers health services 91 may not: 92 (a) Vary the terms of the policy in effect on the effective 93 date of this act to avoid compliance with this section. 94 (b) Provide any incentive, including, but not limited to, a 95 monetary incentive, or impose treatment limitations to encourage 96 a covered person to accept less than the minimum protections 97 available under this section. 98 (c) Penalize a health care practitioner or reduce or limit 99 the compensation of a health care practitioner for recommending 100 or providing services or care to a covered person as required 101 under this section. 102 (d) Provide any incentive, including, but not limited to, a 103 monetary incentive, to induce a health care practitioner to 104 provide care or services that do not comply with this section. 105 (e) Change the classification of any intravenous or 106 injected cancer treatment medication or increase the amount of 107 cost sharing applicable to any intravenous or injected cancer 108 treatment medication in effect on the effective date of this act 109 in order to achieve compliance with this section. 110 Section 4. The Division of Law Revision and Information is 111 directed to replace the phrase “the effective date of this act” 112 wherever it occurs in this act with the date this act takes 113 effect. 114 Section 5. This act shall take effect July 1, 2013.