Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 182
       
       
       
       
       
       
                                Ì284826AÎ284826                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/22/2017           .                                
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       The Committee on Health Policy (Mayfield) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (k) is added to subsection (3) of
    6  section 110.123, Florida Statutes, to read:
    7         110.123 State group insurance program.—
    8         (3) STATE GROUP INSURANCE PROGRAM.—
    9         (k) Sections 627.42393 and 641.31(36)(a) do not apply to
   10  the state group insurance program.
   11         Section 2. Section 627.42393, Florida Statutes, is created
   12  to read:
   13         627.42393Insurance policies; limiting changes to
   14  prescription drug formularies.—
   15         (1)Other than at the time of coverage renewal, an
   16  individual or group insurance policy that is delivered, issued
   17  for delivery, renewed, amended, or continued in this state and
   18  that provides medical, major medical, or similar comprehensive
   19  coverage may not:
   20         (a)Remove a covered prescription drug from its list of
   21  covered drugs during the policy year unless the United States
   22  Food and Drug Administration has issued a statement about the
   23  drug which calls into question the clinical safety of the drug,
   24  or the manufacturer of the drug has notified the United States
   25  Food and Drug Administration of a manufacturing discontinuance
   26  or potential discontinuance of the drug as required by s. 506C
   27  of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s. 356c.
   28         (b)Reclassify a drug to a more restrictive drug tier or
   29  increase the amount that an insured must pay for a copayment,
   30  coinsurance, or deductible for prescription drug benefits, or
   31  reclassify a drug to a higher cost-sharing tier during the
   32  policy year.
   33         (2)This section does not prohibit the addition of
   34  prescription drugs to the list of drugs covered under the policy
   35  during the policy year.
   36         (3)This section does not apply to a grandfathered health
   37  plan as defined in s. 627.402 or to benefits set forth in s.
   38  627.6513(1)-(14).
   39         (4)This section does not alter or amend s. 465.025, which
   40  provides conditions under which a pharmacist may substitute a
   41  generically equivalent drug product for a brand name drug
   42  product.
   43         (5)This section does not alter or amend s. 465.0252, which
   44  provides conditions under which a pharmacist may dispense a
   45  substitute biological product for the prescribed biological
   46  product.
   47         Section 3. Paragraph (e) of subsection (5) of section
   48  627.6699, Florida Statutes, is amended to read:
   49         627.6699 Employee Health Care Access Act.—
   50         (5) AVAILABILITY OF COVERAGE.—
   51         (e) All health benefit plans issued under this section must
   52  comply with the following conditions:
   53         1. For employers who have fewer than two employees, a late
   54  enrollee may be excluded from coverage for no longer than 24
   55  months if he or she was not covered by creditable coverage
   56  continually to a date not more than 63 days before the effective
   57  date of his or her new coverage.
   58         2. Any requirement used by a small employer carrier in
   59  determining whether to provide coverage to a small employer
   60  group, including requirements for minimum participation of
   61  eligible employees and minimum employer contributions, must be
   62  applied uniformly among all small employer groups having the
   63  same number of eligible employees applying for coverage or
   64  receiving coverage from the small employer carrier, except that
   65  a small employer carrier that participates in, administers, or
   66  issues health benefits pursuant to s. 381.0406 which do not
   67  include a preexisting condition exclusion may require as a
   68  condition of offering such benefits that the employer has had no
   69  health insurance coverage for its employees for a period of at
   70  least 6 months. A small employer carrier may vary application of
   71  minimum participation requirements and minimum employer
   72  contribution requirements only by the size of the small employer
   73  group.
   74         3. In applying minimum participation requirements with
   75  respect to a small employer, a small employer carrier shall not
   76  consider as an eligible employee employees or dependents who
   77  have qualifying existing coverage in an employer-based group
   78  insurance plan or an ERISA qualified self-insurance plan in
   79  determining whether the applicable percentage of participation
   80  is met. However, a small employer carrier may count eligible
   81  employees and dependents who have coverage under another health
   82  plan that is sponsored by that employer.
   83         4. A small employer carrier shall not increase any
   84  requirement for minimum employee participation or any
   85  requirement for minimum employer contribution applicable to a
   86  small employer at any time after the small employer has been
   87  accepted for coverage, unless the employer size has changed, in
   88  which case the small employer carrier may apply the requirements
   89  that are applicable to the new group size.
   90         5. If a small employer carrier offers coverage to a small
   91  employer, it must offer coverage to all the small employer’s
   92  eligible employees and their dependents. A small employer
   93  carrier may not offer coverage limited to certain persons in a
   94  group or to part of a group, except with respect to late
   95  enrollees.
   96         6. A small employer carrier may not modify any health
   97  benefit plan issued to a small employer with respect to a small
   98  employer or any eligible employee or dependent through riders,
   99  endorsements, or otherwise to restrict or exclude coverage for
  100  certain diseases or medical conditions otherwise covered by the
  101  health benefit plan.
  102         7. An initial enrollment period of at least 30 days must be
  103  provided. An annual 30-day open enrollment period must be
  104  offered to each small employer’s eligible employees and their
  105  dependents. A small employer carrier must provide special
  106  enrollment periods as required by s. 627.65615.
  107         8. A small employer carrier must limit changes to
  108  prescription drug formularies as required by s. 627.42393.
  109         Section 4. Subsection (36) of section 641.31, Florida
  110  Statutes, is amended to read:
  111         641.31 Health maintenance contracts.—
  112         (36) A health maintenance organization may increase the
  113  copayment for any benefit, or delete, amend, or limit any of the
  114  benefits to which a subscriber is entitled under the group
  115  contract only, upon written notice to the contract holder at
  116  least 45 days in advance of the time of coverage renewal. The
  117  health maintenance organization may amend the contract with the
  118  contract holder, with such amendment to be effective immediately
  119  at the time of coverage renewal. The written notice to the
  120  contract holder must shall specifically identify any deletions,
  121  amendments, or limitations to any of the benefits provided in
  122  the group contract during the current contract period which will
  123  be included in the group contract upon renewal. This subsection
  124  does not apply to any increases in benefits. The 45-day notice
  125  requirement does shall not apply if benefits are amended,
  126  deleted, or limited at the request of the contract holder.
  127         (a) Other than at the time of coverage renewal, a health
  128  maintenance organization that provides medical, major medical,
  129  or similar comprehensive coverage may not:
  130         1. Remove a covered prescription drug from its list of
  131  covered drugs during the contract year unless the United States
  132  Food and Drug Administration has issued a statement about the
  133  drug which calls into question the clinical safety of the drug,
  134  or the manufacturer of the drug has notified the United States
  135  Food and Drug Administration of a manufacturing discontinuance
  136  or potential discontinuance of the drug as required by s. 506C
  137  of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s. 356c.
  138         2. Reclassify a drug to a more restrictive drug tier or
  139  increase the amount that an insured must pay for a copayment,
  140  coinsurance, or deductible for prescription drug benefits, or
  141  reclassify a drug to a higher cost-sharing tier during the
  142  contract year.
  143         (b) This subsection does not:
  144         1. Prohibit the addition of prescription drugs to the list
  145  of drugs covered during the contract year.
  146         2. Apply to a grandfathered health plan as defined in s.
  147  627.402 or to benefits set forth in s. 627.6513(1)-(14).
  148         3. Alter or amend s. 465.025, which provides conditions
  149  under which a pharmacist may substitute a generically equivalent
  150  drug product for a brand name drug product.
  151         4. Alter or amend s. 465.0252, which provides conditions
  152  under which a pharmacist may dispense a substitute biological
  153  product for the prescribed biological product.
  154         Section 5. The Legislature finds that this act fulfills an
  155  important state interest.
  156         Section 6. This act shall take effect January 1, 2018.
  157  
  158  ================= T I T L E  A M E N D M E N T ================
  159  And the title is amended as follows:
  160         Delete everything before the enacting clause
  161  and insert:
  162                        A bill to be entitled                      
  163         An act relating to consumer protection from nonmedical
  164         changes to prescription drug formularies; amending s.
  165         110.123, F.S.; providing that certain provisions
  166         prohibiting nonmedical changes to prescription drug
  167         formularies do not apply to the state group insurance
  168         program; creating s. 627.42393, F.S.; limiting, under
  169         specified circumstances, changes to a health insurance
  170         policy prescription drug formulary during a policy
  171         year; providing construction and applicability;
  172         amending s. 627.6699, F.S.; requiring small employer
  173         carriers to limit changes to prescription drug
  174         formularies under certain circumstances; amending s.
  175         641.31, F.S.; limiting, under specified circumstances,
  176         changes to a health maintenance contract prescription
  177         drug formulary during a contract year; providing
  178         construction and applicability; providing a
  179         declaration of important state interest; providing an
  180         effective date.