Florida Senate - 2018 SB 492 By Senator Garcia 36-00104-18 2018492__ 1 A bill to be entitled 2 An act relating to the provision of pharmaceutical 3 services; creating ss. 627.6442 and 627.6572, F.S.; 4 defining terms; prohibiting certain health insurance 5 policies from requiring insureds to obtain certain 6 prescription drugs exclusively from mail order 7 pharmacies for the treatment of specified chronic 8 illnesses; providing that such insureds who elect to 9 use retail pharmacies may not be required to pay 10 copayments or satisfy other conditions under certain 11 circumstances; requiring certain health insurers to 12 include specified disclosures in their outlines of 13 coverage regarding such prescription drugs; providing 14 applicability; amending s. 641.31, F.S.; defining 15 terms; prohibiting certain health maintenance 16 contracts from requiring subscribers to obtain certain 17 prescription drugs exclusively from mail order 18 pharmacies for the treatment of specified chronic 19 illnesses; providing that such subscribers who elect 20 to use retail pharmacies may not be required to pay 21 copayments or satisfy other conditions under certain 22 circumstances; requiring certain health maintenance 23 organizations to include specified disclosures in 24 their outlines of coverage regarding such prescription 25 drugs; providing applicability; providing an effective 26 date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 627.6442, Florida Statutes, is created 31 to read: 32 627.6442 Access to prescription drugs.— 33 (1) As used in this section, the term: 34 (a) “Chronic illness” means human immunodeficiency virus 35 infection, epilepsy, hypertension, or diabetes. 36 (b) “Excluded drug” means a drug subject to restricted 37 distribution by the United States Food and Drug Administration 38 or a drug that requires special handling, provider coordination, 39 or patient education and cannot be provided by a retail 40 pharmacy. 41 (2) A health insurance policy issued, delivered, or renewed 42 in this state which provides major medical coverage and 43 prescription drug coverage may not require an insured to obtain 44 a prescription drug for the treatment of a chronic illness 45 exclusively from a mail order pharmacy unless the prescription 46 drug is an excluded drug. 47 (3) An insured who elects not to use a mail order pharmacy 48 to obtain a prescription drug, other than an excluded drug, 49 prescribed for the treatment of a chronic illness may not be 50 required to pay a copayment or satisfy other conditions that are 51 not imposed on an insured who uses a mail order pharmacy if the 52 retail pharmacy used by the insured: 53 (a) Agrees to the same terms and conditions, including 54 credentialing, applicable to a mail order pharmacy; and 55 (b) Accepts payment or reimbursement from the insurer which 56 is no more than the amount that would be paid to a mail order 57 pharmacy for the same prescription drugs for the treatment of a 58 chronic illness. 59 (4) A health insurer that issues a major medical policy 60 providing coverage for prescription drugs through a mail order 61 pharmacy shall disclose in the outline of coverage that an 62 insured may obtain prescription drugs for the treatment of a 63 chronic illness from a retail pharmacy and that the exclusive 64 use of a mail order pharmacy is not required unless the drug is 65 an excluded drug. 66 (5) This section does not apply to grandfathered plans as 67 defined in s. 627.402 or to benefits set forth in s. 68 627.6562(3)(b), (c), (d), and (e). 69 Section 2. Section 627.6572, Florida Statutes, is created 70 to read: 71 627.6572 Access to prescription drugs.— 72 (1) As used in this section, the term: 73 (a) “Chronic illness” means human immunodeficiency virus 74 infection, epilepsy, hypertension, or diabetes. 75 (b) “Excluded drug” means a drug subject to restricted 76 distribution by the United States Food and Drug Administration 77 or a drug that requires special handling, provider coordination, 78 or patient education and cannot be provided by a retail 79 pharmacy. 80 (2) A health insurance policy issued, delivered, or renewed 81 in this state which provides major medical coverage and 82 prescription drug coverage may not require an insured to obtain 83 a prescription drug for the treatment of a chronic illness 84 exclusively from a mail order pharmacy unless the prescription 85 drug is an excluded drug. 86 (3) An insured who elects not to use a mail order pharmacy 87 to obtain a prescription drug, other than an excluded drug, 88 prescribed for the treatment of a chronic illness may not be 89 required to pay a copayment or satisfy other conditions that are 90 not imposed on an insured who uses a mail order pharmacy if the 91 retail pharmacy used by the insured: 92 (a) Agrees to the same terms and conditions, including 93 credentialing, applicable to a mail order pharmacy; and 94 (b) Accepts payment or reimbursement from the insurer which 95 is no more than the amount that would be paid to a mail order 96 pharmacy for the same prescription drugs for the treatment of a 97 chronic illness. 98 (4) A health insurer that issues a major medical policy 99 providing coverage for prescription drugs through a mail order 100 pharmacy shall disclose in the outline of coverage that an 101 insured may obtain prescription drugs for the treatment of a 102 chronic illness from a retail pharmacy and that the exclusive 103 use of a mail order pharmacy is not required unless the drug is 104 an excluded drug. 105 (5) This section does not apply to grandfathered plans as 106 defined in s. 627.402 or to benefits set forth in s. 107 627.6562(3)(b), (c), (d), and (e). 108 Section 3. Subsection (44) is added to section 641.31, 109 Florida Statutes, to read: 110 641.31 Health maintenance contracts.— 111 (44)(a) As used in this section, the term: 112 1. “Chronic illness” means human immunodeficiency virus 113 infection, epilepsy, hypertension, or diabetes. 114 2. “Excluded drug” means a drug subject to restricted 115 distribution by the United States Food and Drug Administration 116 or a drug that requires special handling, provider coordination, 117 or patient education and cannot be provided by a retail 118 pharmacy. 119 (b) A health maintenance contract issued, delivered, or 120 renewed in this state which provides major medical coverage and 121 prescription drug coverage may not require a subscriber to 122 obtain a prescription drug for the treatment of a chronic 123 illness exclusively from a mail order pharmacy unless the 124 prescription drug is an excluded drug. 125 (c) A subscriber who elects not to use a mail order 126 pharmacy to obtain a prescription drug, other than an excluded 127 drug, prescribed for the treatment of a chronic illness may not 128 be required to pay a copayment or satisfy other conditions that 129 are not imposed on a subscriber who uses a mail order pharmacy 130 if the retail pharmacy used by the subscriber: 131 1. Agrees to the same terms and conditions, including 132 credentialing, applicable to a mail order pharmacy; and 133 2. Accepts payment or reimbursement from the health 134 maintenance organization which is no more than the amount that 135 would be paid to a mail order pharmacy for the same prescription 136 drugs for the treatment of a chronic illness. 137 (d) A health maintenance organization that issues a health 138 maintenance contract providing coverage for prescription drugs 139 through a mail order pharmacy shall disclose in the outline of 140 coverage that a subscriber may obtain prescription drugs for the 141 treatment of a chronic illness from a retail pharmacy and that 142 the exclusive use of a mail order pharmacy is not required 143 unless the drug is an excluded drug. 144 (e) This section does not apply to grandfathered health 145 plans as defined in s. 641.313(1)(c) or to benefits set forth in 146 s. 627.6562(3)(b), (c), (d), and (e). 147 Section 4. This act shall take effect January 1, 2019.