Florida Senate - 2016 SB 780 By Senator Garcia 38-00360A-16 2016780__ 1 A bill to be entitled 2 An act relating to the provision of 3 pharmaceutical services; creating s. 627.6442, F.S.; 4 providing that an insured living with a chronic 5 illness may not be required to obtain pharmaceutical 6 services exclusively from a mail order pharmacy; 7 defining the term “chronic illness”; prohibiting the 8 imposition of copayments or conditions on an insured 9 living with a chronic illness if such copayments or 10 conditions are not imposed on an insured who uses a 11 mail order pharmacy that meets certain requirements; 12 requiring health insurers to provide to an insured 13 living with a chronic illness an explanation and 14 comparison of payment methods and charges for 15 pharmaceutical services from mail order pharmacies and 16 other providers of pharmaceutical services; requiring 17 health insurance contracts to require certain 18 disclosures to insureds by mail order pharmacies; 19 requiring health insurers to pay a pharmacy that is 20 not a mail order pharmacy the same amount paid to a 21 mail order pharmacy for the same services if the 22 pharmacy agrees to the same terms and conditions that 23 apply to a mail order pharmacy; amending s. 641.31, 24 F.S.; providing that a health maintenance organization 25 subscriber living with a chronic illness may not be 26 required to obtain pharmaceutical services exclusively 27 from a mail order pharmacy; defining the term “chronic 28 illness”; prohibiting the imposition of copayments or 29 conditions on a subscriber living with a chronic 30 illness if such copayments or conditions are not 31 imposed on a subscriber who uses a mail order pharmacy 32 that meets certain requirements; requiring health 33 maintenance organizations to provide to subscribers 34 living with a chronic illness an explanation and 35 comparison of payment methods and charges for 36 pharmaceutical services from mail order pharmacies and 37 other providers of pharmaceutical services; requiring 38 health maintenance organization contracts to require 39 certain disclosures to subscribers by mail order 40 pharmacies; requiring health maintenance organizations 41 to pay a pharmacy that is not a mail order pharmacy 42 the same amount paid to a mail order pharmacy for the 43 same services if the pharmacy agrees to the same terms 44 and conditions that apply to a mail order pharmacy; 45 providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Section 627.6442, Florida Statutes, is created 50 to read: 51 627.6442 Provision of pharmaceutical services.—A health 52 insurance policy, plan, or other contract for health care 53 services issued, delivered, or renewed by a health insurer in 54 this state may not require an insured living with a chronic 55 illness to obtain pharmaceutical services, including 56 prescription drugs, exclusively from a mail order pharmacy. As 57 used in this section, the term “chronic illness” means human 58 immunodeficiency virus infection, epilepsy, hypertension, or 59 diabetes. 60 (1) An insured living with a chronic illness who elects not 61 to use a mail order pharmacy may not be required to pay a 62 copayment or satisfy conditions for the receipt of 63 pharmaceutical services if such copayments or conditions are not 64 imposed on an insured who uses a mail order pharmacy and the 65 pharmacy used by the insured living with a chronic illness: 66 (a) Agrees to the same terms and conditions applicable to a 67 mail order pharmacy; and 68 (b) Accepts payment or reimbursement from the health 69 insurer which is no more than the amount that would be paid to a 70 mail order pharmacy for the same services. 71 (2) A health insurer that issues a policy, plan, or other 72 contract that provides coverage for pharmaceutical services from 73 a mail order pharmacy shall provide each insured living with a 74 chronic illness an explanation of the payment or reimbursement 75 method and charges applicable to the mail order pharmacy and a 76 comparison of such method and charges to those of other 77 providers of pharmaceutical services. For health insurers that 78 provide an outline of coverage to an insured living with a 79 chronic illness, the inclusion of such an explanation in an 80 outline of coverage constitutes compliance with this subsection. 81 (3) A health insurer that contracts with a mail order 82 pharmacy to provide pharmaceutical services under a group or 83 blanket accident and sickness policy, plan, or other contract 84 shall include a contract provision requiring the mail order 85 pharmacy to disclose in its initial written correspondence with 86 an insured living with a chronic illness that such insured may 87 obtain pharmaceutical services from other providers of 88 pharmaceutical services and that the exclusive use of a mail 89 order pharmacy is not required. 90 (4) Upon written request to the health insurer, a pharmacy 91 that desires to provide services to insureds living with a 92 chronic illness in the pharmacy’s service area shall be provided 93 information pertaining to the terms and conditions applicable to 94 mail order pharmacies available in that service area. If the 95 pharmacy agrees in writing to the same terms and conditions and 96 to be paid at no more than the amount that would be paid to a 97 mail order pharmacy for the same services, the insurer shall pay 98 the pharmacy the same amount paid to a mail order pharmacy for 99 the same pharmaceutical services. 100 Section 2. Subsection (44) is added to section 641.31, 101 Florida Statutes, to read: 102 641.31 Health maintenance contracts.— 103 (44) A health maintenance contract that provides 104 pharmaceutical services in this state may not require 105 subscribers living with a chronic illness to obtain 106 pharmaceutical services, including prescription drugs, 107 exclusively from a mail order pharmacy. As used in this 108 subsection, the term “chronic illness” means human 109 immunodeficiency virus infection, epilepsy, hypertension, or 110 diabetes. 111 (a) A subscriber living with a chronic illness who elects 112 not to use a mail order pharmacy may not be required to pay a 113 copayment or satisfy conditions for the receipt of 114 pharmaceutical services if such copayments or conditions are not 115 imposed on a subscriber who uses a mail order pharmacy and the 116 pharmacy used by a subscriber living with a chronic illness: 117 1. Agrees to the same terms and conditions applicable to a 118 mail order pharmacy; and 119 2. Accepts payment or reimbursement from the health 120 maintenance organization which is no more than the amount that 121 would be paid to a mail order pharmacy for the same services. 122 (b) A health maintenance organization that issues a 123 contract that provides coverage for pharmaceutical services from 124 a mail order pharmacy shall provide each subscriber living with 125 a chronic illness an explanation of the payment or reimbursement 126 method and charges applicable to the mail order pharmacy and a 127 comparison of such method and charges to those of other 128 providers of pharmaceutical services. For health maintenance 129 organizations that provide a member handbook to a subscriber 130 living with a chronic illness, the inclusion of such an 131 explanation in the member handbook constitutes compliance with 132 this paragraph. 133 (c) A health maintenance organization that contracts with a 134 mail order pharmacy to provide pharmaceutical services under a 135 health maintenance contract shall include a contract provision 136 requiring the mail order pharmacy to disclose in its initial 137 written correspondence with a subscriber living with a chronic 138 illness that such subscriber may obtain pharmaceutical services 139 from other providers of pharmaceutical services and that the 140 exclusive use of a mail order pharmacy is not required. 141 (d) Upon written request to the health maintenance 142 organization, a pharmacy that desires to provide services to 143 subscribers living with a chronic illness in the pharmacy’s 144 service area shall be provided information pertaining to the 145 terms and conditions applicable to mail order pharmacies 146 available in that service area. If the pharmacy agrees in 147 writing to the same terms and conditions and to be paid at no 148 more than the amount that would be paid to a mail order pharmacy 149 for the same services, the organization shall pay the pharmacy 150 the same amount paid to a mail order pharmacy for the same 151 pharmaceutical services. 152 Section 3. This act shall take effect July 1, 2016.