Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 221, 1st Eng.
       
       
       
       
       
       
                                Ì379122ÆÎ379122                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1a/WD/RM         .                                
             03/21/2016 10:43 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (253290) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 30
    5  and insert:
    6         Section 1. Paragraph (b) of subsection (3) of section
    7  627.6686, Florida Statutes, is amended to read:
    8         627.6686 Coverage for individuals with autism spectrum
    9  disorder required; exception.—
   10         (3) A health insurance plan issued or renewed on or after
   11  April 1, 2009, shall provide coverage to an eligible individual
   12  for:
   13         (b) Treatment of autism spectrum disorder and Down syndrome
   14  through speech therapy, occupational therapy, physical therapy,
   15  and applied behavior analysis. Applied behavior analysis
   16  services shall be provided by an individual certified pursuant
   17  to s. 393.17 or an individual licensed under chapter 490 or
   18  chapter 491.
   19         Section 2. Paragraph (b) of subsection (3) of section
   20  641.31098, Florida Statutes, is amended to read:
   21         641.31098 Coverage for individuals with developmental
   22  disabilities.—
   23         (3) A health maintenance contract issued or renewed on or
   24  after April 1, 2009, shall provide coverage to an eligible
   25  individual for:
   26         (b) Treatment of autism spectrum disorder and Down
   27  syndrome, through speech therapy, occupational therapy, physical
   28  therapy, and applied behavior analysis services. Applied
   29  behavior analysis services shall be provided by an individual
   30  certified pursuant to s. 393.17 or an individual licensed under
   31  chapter 490 or chapter 491.
   32         Section 3. Notwithstanding the enactment of subsection (2)
   33  made to s. 627.42392, Florida Statutes, by HB 423, 1st Eng.,
   34  2016 Regular Session, subsection (2) of s. 627.42392, Florida
   35  Statutes, is enacted to read:
   36         (2) Notwithstanding any other provision of law,
   37  effective  January 1, 2017 or six (6) months after the effective
   38  date of the rule adopting the prior authorization form,
   39  whichever is later, a health insurer, or a pharmacy benefits
   40  manager on behalf of the health insurer, which does not provide
   41  an electronic prior authorization process for use by its
   42  contracted providers, shall only use the prior authorization
   43  form  that has been approved by the Financial Services
   44  Commission for granting a prior authorization for a medical
   45  procedure, course of treatment, or prescription drug benefit.
   46  Such form may not exceed two pages in length, excluding any
   47  instructions or guiding documentation, and must include all
   48  clinical documentation necessary for health insurer to make a
   49  decision. At a minimum, the form must include: (1) sufficient
   50  patient information to identify the member, date of birth, full
   51  name, and Health Plan ID number; (2) Provider name, address and
   52  phone number; (3) the medical procedure, course of treatment, or
   53  prescription drug benefit being requested, including the medical
   54  reason therefor, and all services tried and failed; (4) any
   55  laboratory documentation required; and (5) an attestation that
   56  all information provided is true and accurate.
   57         Section 4. It is the intent of the Legislature that the
   58  enactment of s. 627.42392(2), Florida Statutes, made by this act
   59  shall control over the enactment of that subsection made by HB
   60  423, 1st Eng., 2016 Regular Session, regardless of the order in
   61  which the bills are enacted.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete lines 335 - 339
   66  and insert:
   67         plan to provide specified coverage for treatment of
   68         Down syndrome; amending s. 641.31098, F.S.; requiring
   69         a specified health maintenance contract to provide
   70         specified health maintenance contract to provide
   71         specified coverage for treatment of Down syndrome;
   72         enacting s. 627.42392, F.S.; requiring a health
   73         insurer or a pharmacy benefits manager to only use a
   74         certain form; providing requirements for such form;
   75         providing legislative intent that the enactment of s.
   76         627.42392(2), F.S., made by this act controls;
   77         amending s. 627.6131, F.S.;