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.