Florida Senate - 2017                                    SB 1608
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00970-17                                           20171608__
    1                        A bill to be entitled                      
    2         An act relating to HIV infection and AIDS for contract
    3         purposes; amending s. 641.3007, F.S.; prohibiting
    4         health maintenance organization contracts that include
    5         prescription drug benefits from including HIV/AIDS
    6         drugs at the highest classification, copayment, or
    7         cost-sharing tiers; requiring such contracts to
    8         require coverage and classification of such drugs at
    9         certain rates; prohibiting certain restrictions on
   10         such drugs except under certain circumstances;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) is added to subsection (5) of
   16  section 641.3007, Florida Statutes, to read:
   17         641.3007 HIV infection and AIDS for contract purposes.—
   18         (5) RESTRICTIONS ON CONTRACT EXCLUSIONS AND LIMITATIONS.—
   19         (c) A health maintenance organization contract that
   20  includes prescription drug benefits may not include drugs that
   21  are for the benefit of treating exposure to the HIV infection,
   22  or a specific sickness or medical condition derived from such
   23  condition, at the highest classification, copayment, or cost
   24  sharing tiers. The contract must require the coverage and
   25  classification of all HIV/AIDS drugs to be established at either
   26  the lowest-priced generic rate or the nonpreferred brand rate,
   27  as appropriate for the specific drug. An HIV/AIDS drug may not
   28  be subject to prior authorization procedures for refills, step
   29  therapy requirements, drug quantity limitations, or other
   30  utilization management techniques, except as prescribed by the
   31  treating provider.
   32         Section 2. This act shall take effect January 1, 2018.