Florida Senate - 2014                                    SB 1460
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-01442A-14                                          20141460__
    1                        A bill to be entitled                      
    2         An act relating to health insurance; creating ss.
    3         627.64194 and 627.66915, F.S., and amending s. 641.31,
    4         F.S.; requiring individual accident or health
    5         insurance policies, group, blanket, or franchise
    6         accident or health insurance policies, and managed
    7         care plans to evaluate and review coverage for
    8         orthotics and prosthetics and orthoses and prostheses;
    9         providing requirements and limitations; specifying
   10         deductible and copayment recommendations; authorizing
   11         insurers to specify certain benefits limitations;
   12         providing for nonapplication to certain policy
   13         coverages; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 627.64194, Florida Statutes, is created
   18  to read:
   19         627.64194 Recommended coverage for orthotics and
   20  prosthetics and orthoses and prostheses.—Each accident or health
   21  insurance policy issued, amended, delivered, or renewed in this
   22  state on or after January 1, 2015, which provides medical
   23  coverage that includes physician services in a physician’s
   24  office and that provides major medical or similar comprehensive
   25  type coverage must evaluate and review coverage for orthotics
   26  and prosthetics and orthoses and prostheses as those terms are
   27  defined in s. 468.80. Such evaluation and review must compare
   28  coverage provided under federal law by health insurance for the
   29  aged and disabled pursuant to 42 U.S.C. ss. 1395k, 1395l, and
   30  1395m and 42 C.F.R. ss. 410.100, 414.202, 414.210, and 414.228,
   31  and as applicable to this section.
   32         (1) The insurance policy may recommend prior authorization
   33  for orthotics and prosthetics and orthoses and prostheses in the
   34  same manner that prior authorization is recommended for any
   35  other covered benefit.
   36         (2) Recommended benefits for orthoses or prostheses are
   37  limited to the most appropriate model that adequately meets the
   38  medical needs of the patient as determined by the insured’s
   39  treating physician. Subject to copayments and deductibles, the
   40  repair and replacement of orthoses or prostheses are also
   41  recommended, unless necessitated by misuse or loss.
   42         (3) An insurer may require that benefits recommended
   43  pursuant to this section be covered benefits only if orthotics
   44  or prosthetics are rendered by an orthotist or prosthetist and
   45  the orthoses or prostheses are provided by a vendor.
   46         (4) This section does not apply to insurance coverage
   47  recommended benefits for hospital confinement indemnity,
   48  disability income, accident only, long-term care, Medicare
   49  supplement, limited benefit health, specified disease indemnity,
   50  sickness or bodily injury or death by accident or both, and
   51  other limited benefit policies.
   52         Section 2. Section 627.66915, Florida Statutes, is created
   53  to read:
   54         627.66915 Recommended coverage for orthoses and prostheses
   55  and orthotics and prosthetics.—Each group, blanket, or franchise
   56  accident or health insurance policy issued, amended, delivered,
   57  or renewed in this state on or after January 1, 2015, which
   58  provides coverage for physician services in a physician’s office
   59  and that provides major medical or similar comprehensive type
   60  coverage must evaluate and review coverage for orthotics and
   61  prosthetics and orthoses and prostheses as those terms are
   62  defined in s. 468.80. Such evaluation and review must compare
   63  the coverage provided under federal law by health insurance for
   64  the aged and disabled pursuant to 42 U.S.C. ss. 1395k, 1395l,
   65  and 1395m and 42 C.F.R. ss. 410.100, 414.202, 414.210, and
   66  414.228, and as applicable to this section.
   67         (1) The insurance policy may recommend prior authorization
   68  for orthotics and prosthetics and orthoses and prostheses in the
   69  same manner that prior authorization is recommended for any
   70  other covered benefit.
   71         (2) Recommended benefits for orthoses or prostheses are
   72  limited to the most appropriate model that adequately meets the
   73  medical needs of the patient as determined by the insured’s
   74  treating physician. Subject to copayments and deductibles, the
   75  repair and replacement of orthoses or prostheses are also
   76  recommended, unless necessitated by misuse or loss.
   77         (3) An insurer may require that benefits recommended
   78  pursuant to this section be covered benefits only if orthotics
   79  or prosthetics are rendered by an orthotist or prosthetist and
   80  the orthoses or prostheses are provided by a vendor.
   81         (4) This section does not apply to insurance coverage
   82  recommended benefits for hospital confinement indemnity,
   83  disability income, accident only, long-term care, Medicare
   84  supplement, limited benefit health, specified disease indemnity,
   85  sickness or bodily injury or death by accident or both, and
   86  other limited benefit policies.
   87         Section 3. Subsection (44) is added to section 641.31,
   88  Florida Statutes, to read:
   89         641.31 Health maintenance contracts.—
   90         (44) Each health maintenance contract issued, amended,
   91  delivered, or renewed in this state on or after January 1, 2015,
   92  which provides medical coverage that includes physician services
   93  in a physician’s office and that provides major medical or
   94  similar comprehensive type coverage must evaluate and review
   95  coverage for orthotics and prosthetics and orthoses and
   96  prostheses as those terms are defined in s. 468.80. Such
   97  evaluation and review must compare the coverage provided under
   98  federal law by health insurance for the aged and disabled
   99  pursuant to 42 U.S.C. ss. 1395k, 1395l, and 1395m and 42 C.F.R.
  100  ss. 410.100, 414.202, 414.210, and 414.228, and as applicable to
  101  this section.
  102         (a) A health maintenance contract may recommend prior
  103  authorization for orthotics and prosthetics and orthoses and
  104  prostheses in the same manner that prior authorization is
  105  recommended for any other covered benefit.
  106         (b) Recommended benefits for orthoses or prostheses are
  107  limited to the most appropriate model that adequately meets the
  108  medical needs of the patient as determined by the insured’s
  109  treating physician. Subject to copayments and deductibles, the
  110  repair and replacement of orthoses or prostheses are also
  111  recommended, unless necessitated by misuse or loss.
  112         (c) A health maintenance contract may require that benefits
  113  recommended pursuant to this subsection be covered benefits only
  114  if orthotics or prosthetics are rendered by an orthotist or
  115  prosthetist and the orthoses or prostheses are provided by a
  116  vendor.
  117         (d) This subsection does not apply to insurance coverage
  118  recommended benefits for hospital confinement indemnity,
  119  disability income, accident only, long-term care, Medicare
  120  supplement, limited benefit health, specified disease indemnity,
  121  sickness or bodily injury or death by accident or both, and
  122  other limited benefit policies.
  123         Section 4. This act shall take effect July 1, 2015.