Florida Senate - 2014                                    SB 1354
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-01230-14                                           20141354__
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 409.967,
    3         F.S.; revising contract requirements for managed care
    4         programs; providing requirements for plans
    5         establishing a drug formulary or list; requiring the
    6         use of a standardized form; establishing a process for
    7         providers to override certain treatment restrictions;
    8         amending s. 627.6131, F.S.; prohibiting retroactive
    9         denial of claims in certain circumstances; creating s.
   10         627.6465, F.S.; requiring the use of a standardized
   11         form; requiring the commission to adopt rules to
   12         prescribe the form; providing requirements for the
   13         form; providing requirements for the availability and
   14         submission of the form; creating s. 627.6466, F.S.;
   15         establishing a process for providers to override
   16         certain treatment restrictions; providing requirements
   17         for approval of such overrides; providing an exception
   18         to the override process in certain circumstances;
   19         amending s. 627.6471, F.S.; requiring insurers to post
   20         preferred provider information on a website; amending
   21         s. 641.3155, F.S.; prohibiting retroactive denial of
   22         claims in certain circumstances; creating s. 641.393,
   23         F.S.; requiring the use of a standardized form;
   24         providing requirements for the availability and
   25         submission of the form; creating s. 641.394, F.S.;
   26         establishing a process for providers to override
   27         certain treatment restrictions; providing requirements
   28         for approval of such overrides; providing an exception
   29         to the override process in certain circumstances;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraph (c) of subsection (2) of section
   35  409.967, Florida Statutes, is amended to read:
   36         409.967 Managed care plan accountability.—
   37         (2) The agency shall establish such contract requirements
   38  as are necessary for the operation of the statewide managed care
   39  program. In addition to any other provisions the agency may deem
   40  necessary, the contract must require:
   41         (c) Access.—
   42         1. The agency shall establish specific standards for the
   43  number, type, and regional distribution of providers in managed
   44  care plan networks to ensure access to care for both adults and
   45  children. Each plan must maintain a regionwide network of
   46  providers in sufficient numbers to meet the access standards for
   47  specific medical services for all recipients enrolled in the
   48  plan. The exclusive use of mail-order pharmacies may not be
   49  sufficient to meet network access standards. Consistent with the
   50  standards established by the agency, provider networks may
   51  include providers located outside the region. A plan may
   52  contract with a new hospital facility before the date the
   53  hospital becomes operational if the hospital has commenced
   54  construction, will be licensed and operational by January 1,
   55  2013, and a final order has issued in any civil or
   56  administrative challenge. Each plan shall establish and maintain
   57  an accurate and complete electronic database of contracted
   58  providers, including information about licensure or
   59  registration, locations and hours of operation, specialty
   60  credentials and other certifications, specific performance
   61  indicators, and such other information as the agency deems
   62  necessary. The database must be available online to both the
   63  agency and the public and have the capability of comparing to
   64  compare the availability of providers to network adequacy
   65  standards and to accept and display feedback from each
   66  provider’s patients. Each plan shall submit quarterly reports to
   67  the agency identifying the number of enrollees assigned to each
   68  primary care provider.
   69         2.a. If establishing a prescribed drug formulary or
   70  preferred drug list, a managed care plan shall:
   71         (I) Provide a broad range of therapeutic options for the
   72  treatment of disease states consistent with the general needs of
   73  an outpatient population. If feasible, the formulary or
   74  preferred drug list must include at least two products in a
   75  therapeutic class.
   76         (II) Include coverage through prior authorization for each
   77  new drug approved by the United States Food and Drug
   78  Administration until the Medicaid Pharmaceutical and
   79  Therapeutics Committee reviews such drug for inclusion on the
   80  formulary. The timing of the formulary review must comply with
   81  s. 409.91195.
   82         b. Each managed care plan shall must publish any prescribed
   83  drug formulary or preferred drug list on the plan’s website in a
   84  manner that is accessible to and searchable by enrollees and
   85  providers. The plan shall must update the list within 24 hours
   86  after making a change. Each plan must ensure that the prior
   87  authorization process for prescribed drugs is readily accessible
   88  to health care providers, including posting appropriate contact
   89  information on its website and providing timely responses to
   90  providers.
   91         c. If a prescription drug on a plan’s formulary is removed
   92  or changed, the managed care plan shall permit an enrollee who
   93  was receiving the drug to continue to receive the drug if the
   94  provider submits a written request that demonstrates that the
   95  drug is medically necessary and the enrollee meets clinical
   96  criteria to receive the drug.
   97         d. For enrollees Medicaid recipients diagnosed with
   98  hemophilia who have been prescribed anti-hemophilic-factor
   99  replacement products, the agency shall provide for those
  100  products and hemophilia overlay services through the agency’s
  101  hemophilia disease management program.
  102         3.a. Notwithstanding any other law, in order to establish
  103  uniformity in the submission of prior authorization forms, after
  104  January 1, 2015, a managed care plan shall use only the
  105  standardized prior authorization form adopted by the Financial
  106  Services Commission pursuant to s. 627.6465 for obtaining prior
  107  authorization for a medical procedure, course of treatment, or
  108  prescription drug benefits. If a managed care plan contracts
  109  with a pharmacy benefits manager to perform prior authorization
  110  services for prescription drug benefits, the pharmacy benefits
  111  manager shall use and accept the standardized prior
  112  authorization form. The form shall be made available
  113  electronically by the commission and on the managed care plan’s
  114  website. The prescribing provider may submit the completed form
  115  electronically to the managed care plan.
  116         b. A completed prior authorization request submitted by a
  117  health care provider using the standardized prior authorization
  118  form required under sub-subparagraph a. is deemed approved upon
  119  receipt by the managed care plan unless the managed care plan
  120  responds within 2 business days.
  121         c. Managed care plans, and their fiscal agents or
  122  intermediaries, must accept prior authorization requests for any
  123  service electronically.
  124         4. If medications for the treatment of a medical condition
  125  are restricted for use by a managed care plan by a step-therapy
  126  or fail-first protocol, the prescribing provider must have
  127  access to a clear and convenient process to request an override
  128  of the protocol from the managed care plan. The managed care
  129  plan shall grant an override of the protocol within 24 hours if:
  130         a. The prescribing provider believes that, based on sound
  131  clinical evidence, the preferred treatment required under the
  132  step-therapy or fail-first protocol has been ineffective in the
  133  treatment of the enrollee’s disease or medical condition; or
  134         b. The prescribing provider believes that, based on sound
  135  clinical evidence or medical and scientific evidence, the
  136  preferred treatment required under the step-therapy or fail
  137  first protocol:
  138         (I) Is expected or likely to be ineffective based on known
  139  relevant physical or mental characteristics of the enrollee and
  140  known characteristics of the drug regimen; or
  141         (II) Will cause or will likely cause an adverse reaction or
  142  other physical harm to the enrollee.
  143  
  144  If the prescribing provider allows the enrollee to enter the
  145  step-therapy or fail-first protocol recommended by the managed
  146  care plan, the duration of the step-therapy or fail-first
  147  protocol may not exceed a period deemed appropriate by the
  148  provider. If the prescribing provider deems the treatment
  149  clinically ineffective, the enrollee is entitled to receive the
  150  recommended course of therapy without requiring the prescribing
  151  provider to seek approval for an override of the step-therapy or
  152  fail-first protocol.
  153         Section 2. Subsection (11) of section 627.6131, Florida
  154  Statutes, is amended to read:
  155         627.6131 Payment of claims.—
  156         (11)(a) A health insurer may not retroactively deny a claim
  157  because of insured ineligibility more than 1 year after the date
  158  of payment of the claim.
  159         (b) A health insurer that has verified the eligibility of
  160  an insured at the time of treatment and has provided an
  161  authorization number may not retroactively deny a claim because
  162  of insured ineligibility.
  163         (c) A health insurer that has provided the insured with an
  164  identification card as provided in s. 627.642(3) which at the
  165  time of service identifies the insured as eligible to receive
  166  services may not retroactively deny a claim because of insured
  167  ineligibility.
  168         Section 3. Section 627.6465, Florida Statutes, is created
  169  to read:
  170         627.6465 Prior authorization.—
  171         (1) Notwithstanding any other law, in order to establish
  172  uniformity in the submission of prior authorization forms, after
  173  January 1, 2015, a health insurance issuer, managed care plan as
  174  defined in s. 409.901, or health maintenance organization as
  175  defined in s. 641.19 shall use only the standardized prior
  176  authorization form adopted by the Financial Services Commission
  177  for obtaining prior authorization for a medical procedure,
  178  course of treatment, or prescription drug benefits. If a health
  179  insurance issuer, managed care plan, or health maintenance
  180  organization contracts with a pharmacy benefits manager to
  181  perform prior authorization services for prescription drug
  182  benefits, the pharmacy benefits manager shall use and accept the
  183  standardized prior authorization form. The commission shall
  184  adopt rules prescribing the prior authorization form on or
  185  before January 1, 2015, and may consult with health insurance
  186  issuers or other organizations as necessary in the development
  187  of the form. The form may not exceed two pages in length,
  188  excluding any instructions or guiding documentation. The form
  189  shall be made available electronically by the commission and on
  190  the website of the health insurance issuer, managed care plan,
  191  or health maintenance organization. The prescribing provider may
  192  submit the completed form electronically to the health benefit
  193  plan. The adoption of the form by the commission does not
  194  constitute a determination that affects the substantial
  195  interests of a party under chapter 120.
  196         (2) A completed prior authorization request submitted by a
  197  prescribing provider using the standardized prior authorization
  198  form required under subsection (1) is deemed approved upon
  199  receipt by the health insurance issuer unless the health
  200  insurance issuer responds within 2 business days.
  201         Section 4. Section 627.6466, Florida Statutes, is created
  202  to read:
  203         627.6466 Fail-first protocols.—If medications for the
  204  treatment of a medical condition are restricted for use by an
  205  insurer by a step-therapy or fail-first protocol, the
  206  prescribing provider shall have access to a clear and convenient
  207  process to request an override of the protocol from the health
  208  benefit plan or health insurance issuer. The plan or issuer
  209  shall grant an override of the protocol within 24 hours if:
  210         (1) The prescribing provider believes that, based on sound
  211  clinical evidence, the preferred treatment required under the
  212  step-therapy or fail-first protocol has been ineffective in the
  213  treatment of the insured’s disease or medical condition; or
  214         (2) The prescribing provider believes that, based on sound
  215  clinical evidence or medical and scientific evidence, the
  216  preferred treatment required under the step-therapy or fail
  217  first protocol:
  218         (a) Is expected or likely to be ineffective based on known
  219  relevant physical or mental characteristics of the insured and
  220  known characteristics of the drug regimen; or
  221         (b)Will cause or is likely to cause an adverse reaction or
  222  other physical harm to the insured.
  223  
  224  If the prescribing provider allows the patient to enter the
  225  step-therapy or fail-first protocol recommended by the insurer,
  226  the duration of the step-therapy or fail-first protocol may not
  227  exceed a period deemed appropriate by the provider. If the
  228  prescribing provider deems the treatment clinically ineffective,
  229  the patient is entitled to receive the recommended course of
  230  therapy without requiring the prescribing provider to seek
  231  approval for an override of the step-therapy or fail-first
  232  protocol.
  233         Section 5. Subsection (2) of section 627.6471, Florida
  234  Statutes, is amended to read:
  235         627.6471 Contracts for reduced rates of payment;
  236  limitations; coinsurance and deductibles.—
  237         (2) An Any insurer issuing a policy of health insurance in
  238  this state, which insurance includes coverage for the services
  239  of a preferred provider, shall must provide each policyholder
  240  and certificateholder with a current list of preferred
  241  providers, shall and must make the list available for public
  242  inspection during regular business hours at the principal office
  243  of the insurer within the state, and shall post a link to the
  244  list of preferred providers on the home page of the insurer’s
  245  website. Changes to the list of preferred providers must be
  246  reflected on the insurer’s website within 24 hours.
  247         Section 6. Subsection (10) of section 641.3155, Florida
  248  Statutes, is amended to read:
  249         641.3155 Prompt payment of claims.—
  250         (10)(a) A health maintenance organization may not
  251  retroactively deny a claim because of subscriber ineligibility
  252  more than 1 year after the date of payment of the claim.
  253         (b) A health maintenance organization that has verified the
  254  eligibility of a subscriber at the time of treatment and has
  255  provided an authorization number may not retroactively deny a
  256  claim because of subscriber ineligibility.
  257         (c) A health maintenance organization that has provided the
  258  subscriber with an identification card as provided in s.
  259  627.642(3) which at the time of service identifies the
  260  subscriber as eligible to receive services may not retroactively
  261  deny a claim because of subscriber ineligibility.
  262         Section 7. Section 641.393, Florida Statutes, is created to
  263  read:
  264         641.393 Prior authorization.—
  265         (1) Notwithstanding any other law, in order to establish
  266  uniformity in the submission of prior authorization forms, after
  267  January 1, 2015, a health maintenance organization shall use
  268  only the standardized prior authorization form adopted by the
  269  Financial Services Commission pursuant to s. 627.6465 for
  270  obtaining prior authorization for a medical procedure, course of
  271  treatment, or prescription drug benefits. If a health
  272  maintenance organization contracts with a pharmacy benefits
  273  manager to perform prior authorization services for prescription
  274  drug benefits, the pharmacy benefits manager must use and accept
  275  the standardized prior authorization form. The form shall be
  276  made available electronically by the commission and on the
  277  website of the health insurance issuer, managed care plan, or
  278  health maintenance organization. The health care provider may
  279  submit the completed form electronically to the health benefit
  280  plan.
  281         (2) A completed prior authorization request submitted by a
  282  health care provider using the standardized prior authorization
  283  form required under subsection (1) is deemed approved upon
  284  receipt by the health maintenance organization unless the health
  285  maintenance organization responds within 2 business days.
  286         Section 8. Section 641.394, Florida Statutes, is created to
  287  read:
  288         641.394 Fail-first protocols.—If medications for the
  289  treatment of a medical condition are restricted for use by a
  290  health maintenance organization by a step-therapy or fail-first
  291  protocol, the prescribing provider shall have access to a clear
  292  and convenient process to request an override of the protocol
  293  from the health maintenance organization. The health maintenance
  294  organization shall grant an override of the protocol within 24
  295  hours if:
  296         (1) The prescribing provider believes that, based on sound
  297  clinical evidence, the preferred treatment required under the
  298  step-therapy or fail-first protocol has been ineffective in the
  299  treatment of the insured’s disease or medical condition; or
  300         (2) The prescribing provider believes that, based on sound
  301  clinical evidence or medical and scientific evidence, the
  302  preferred treatment required under the step-therapy or fail
  303  first protocol:
  304         (a) Is expected or likely to be ineffective based on known
  305  relevant physical or mental characteristics of the insured and
  306  known characteristics of the drug regimen; or
  307         (b)Will cause or is likely to cause an adverse reaction or
  308  other physical harm to the insured.
  309  
  310  If the prescribing provider allows the patient to enter the
  311  step-therapy or fail-first protocol recommended by the health
  312  maintenance organization, the duration of the step-therapy or
  313  fail-first protocol may not exceed a period deemed appropriate
  314  by the provider. If the prescribing provider deems the treatment
  315  clinically ineffective, the patient is entitled to receive the
  316  recommended course of therapy without requiring the prescribing
  317  provider to seek approval for an override of the step-therapy or
  318  fail-first protocol.
  319         Section 9. This act shall take effect July 1, 2014.