Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 780 Ì753432ÅÎ753432 LEGISLATIVE ACTION Senate . House Comm: RS . 02/10/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.6442, Florida Statutes, is created 6 to read: 7 627.6442 Access to prescription drugs.— 8 (1) As used in this section: 9 (a) “Chronic illness” means human immunodeficiency virus 10 infection, epilepsy, hypertension, or diabetes. 11 (b) “Excluded drug” means a drug subject to restricted 12 distribution by the United States Food and Drug Administration 13 or a drug that requires special handling, provider coordination, 14 or patient education and cannot be provided by a retail 15 pharmacy. 16 (2) A health insurance policy issued, delivered, or renewed 17 in this state that provides major medical coverage and 18 prescription drug coverage may not require an insured to obtain 19 a prescription drug for the treatment of a chronic illness 20 exclusively from a mail order pharmacy, unless the prescription 21 drug is an excluded drug. 22 (3) An insured who elects not to use a mail order pharmacy 23 to obtain a prescription drug prescribed for the treatment of a 24 chronic illness may not be required to pay a copayment or 25 satisfy other conditions that are not imposed on an insured who 26 uses a mail order pharmacy if the retail pharmacy used by the 27 insured: 28 (a) Agrees to the same terms and conditions, including 29 credentialing, applicable to a mail order pharmacy; and 30 (b) Accepts payment or reimbursement from the insurer which 31 is no more than the amount that would be paid to a mail order 32 pharmacy for the same prescription drugs for the treatment of a 33 chronic illness. 34 (4) A health insurer that issues a major medical policy 35 that provides coverage for prescription drugs through a mail 36 order pharmacy shall disclose in the outline of coverage that an 37 insured may obtain prescription drugs for the treatment of a 38 chronic illness from a retail pharmacy, and that the exclusive 39 use of a mail order pharmacy is not required unless the drug is 40 an excluded drug. 41 (5) This section does not apply to grandfathered health 42 plans as defined in s. 627.402, or to benefits set forth in s. 43 627.6561(5)(b), (c), (d), and (e). 44 Section 2. This act shall take effect January 1, 2017. 45 46 ================= T I T L E A M E N D M E N T ================ 47 And the title is amended as follows: 48 Delete everything before the enacting clause 49 and insert: 50 A bill to be entitled 51 An act relating to the provision of pharmaceutical 52 services; creating s. 627.6442, F.S.; defining terms; 53 providing that an insured may not be required to 54 obtain a prescription drug for the treatment of a 55 chronic illness exclusively from a mail order 56 pharmacy; providing an exception for excluded drugs; 57 prohibiting the imposition of copayments or conditions 58 on an insured living with a chronic illness if such 59 copayments or conditions are not imposed on an insured 60 who uses a mail order pharmacy that meets certain 61 requirements; requiring certain health insurers to 62 disclose in the outline of coverage that an insured 63 may obtain certain prescription drugs from a retail 64 pharmacy; providing an exception for excluded drugs; 65 providing applicability; providing an effective date.