Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1180 Ì675162&Î675162 LEGISLATIVE ACTION Senate . House . . . Floor: 2a/AD/2R . 04/25/2019 05:12 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Mayfield moved the following: 1 Senate Amendment to Substitute Amendment (636826) 2 3 Delete lines 14 - 126 4 and insert: 5 in its formulary during a calendar year. By March 1 annually, a 6 health insurer shall submit a report to the office delineating 7 such changes made in the previous calendar year. The annual 8 report must include, at a minimum: 9 (a) A list of all drugs that were removed from a formulary 10 and the reasons for the removal; 11 (b) A list of all drugs that were moved to a tier that 12 resulted in additional out-of-pocket costs to insureds; 13 (c) The number of insureds notified by the insurer of a 14 change in formulary; and 15 (d) The increased cost, by dollar amount, incurred by 16 insureds because of such change in the formulary. 17 (3) By May 1 annually, the office shall: 18 (a) Compile the data in such annual reports submitted by 19 health insurers and prepare a report summarizing the data 20 submitted; 21 (b) Make the report publicly accessible on its website; and 22 (c) Submit the report to the Governor, the President of the 23 Senate, and the Speaker of the House of Representatives. 24 Section 2. Paragraph (e) of subsection (5) of section 25 627.6699, Florida Statutes, is amended to read: 26 627.6699 Employee Health Care Access Act.— 27 (5) AVAILABILITY OF COVERAGE.— 28 (e) All health benefit plans issued under this section must 29 comply with the following conditions: 30 1. For employers who have fewer than two employees, a late 31 enrollee may be excluded from coverage for no longer than 24 32 months if he or she was not covered by creditable coverage 33 continually to a date not more than 63 days before the effective 34 date of his or her new coverage. 35 2. Any requirement used by a small employer carrier in 36 determining whether to provide coverage to a small employer 37 group, including requirements for minimum participation of 38 eligible employees and minimum employer contributions, must be 39 applied uniformly among all small employer groups having the 40 same number of eligible employees applying for coverage or 41 receiving coverage from the small employer carrier, except that 42 a small employer carrier that participates in, administers, or 43 issues health benefits pursuant to s. 381.0406 which do not 44 include a preexisting condition exclusion may require as a 45 condition of offering such benefits that the employer has had no 46 health insurance coverage for its employees for a period of at 47 least 6 months. A small employer carrier may vary application of 48 minimum participation requirements and minimum employer 49 contribution requirements only by the size of the small employer 50 group. 51 3. In applying minimum participation requirements with 52 respect to a small employer, a small employer carrier shall not 53 consider as an eligible employee employees or dependents who 54 have qualifying existing coverage in an employer-based group 55 insurance plan or an ERISA qualified self-insurance plan in 56 determining whether the applicable percentage of participation 57 is met. However, a small employer carrier may count eligible 58 employees and dependents who have coverage under another health 59 plan that is sponsored by that employer. 60 4. A small employer carrier shall not increase any 61 requirement for minimum employee participation or any 62 requirement for minimum employer contribution applicable to a 63 small employer at any time after the small employer has been 64 accepted for coverage, unless the employer size has changed, in 65 which case the small employer carrier may apply the requirements 66 that are applicable to the new group size. 67 5. If a small employer carrier offers coverage to a small 68 employer, it must offer coverage to all the small employer’s 69 eligible employees and their dependents. A small employer 70 carrier may not offer coverage limited to certain persons in a 71 group or to part of a group, except with respect to late 72 enrollees. 73 6. A small employer carrier may not modify any health 74 benefit plan issued to a small employer with respect to a small 75 employer or any eligible employee or dependent through riders, 76 endorsements, or otherwise to restrict or exclude coverage for 77 certain diseases or medical conditions otherwise covered by the 78 health benefit plan. 79 7. An initial enrollment period of at least 30 days must be 80 provided. An annual 30-day open enrollment period must be 81 offered to each small employer’s eligible employees and their 82 dependents. A small employer carrier must provide special 83 enrollment periods as required by s. 627.65615. 84 8. A small employer carrier shall comply with s. 627.42393 85 for any change to a prescription drug formulary. 86 Section 3. Subsection (36) of section 641.31, Florida 87 Statutes, is amended to read: 88 641.31 Health maintenance contracts.— 89 (36) Except as provided in paragraph (a), a health 90 maintenance organization may increase the copayment for any 91 benefit, or delete, amend, or limit any of the benefits to which 92 a subscriber is entitled under the group contract only, upon 93 written notice to the contract holder at least 45 days in 94 advance of the time of coverage renewal. The health maintenance 95 organization may amend the contract with the contract holder, 96 with such amendment to be effective immediately at the time of 97 coverage renewal. The written notice to the contract holder must 98shallspecifically identify any deletions, amendments, or 99 limitations to any of the benefits provided in the group 100 contract during the current contract period which will be 101 included in the group contract upon renewal. This subsection 102 does not apply to any increases in benefits. The 45-day notice 103 requirement doesshallnot apply if benefits are amended, 104 deleted, or limited at the request of the contract holder. 105 (a) At least 60 days before the effective date of any 106 change to a prescription drug formulary during a contract year, 107 the health maintenance organization shall provide general 108 notification of the change in the formulary to current and 109 prospective subscribers in a readily accessible format on the 110 health maintenance organization’s website and notify, 111 electronically or by first-class mail, any subscriber currently 112 receiving coverage for a prescription drug for which the 113 formulary change modifies coverage and the subscriber’s treating 114 physician, including information on the specific drugs involved. 115 (b) A health maintenance organization shall maintain a 116 record of any change in its formulary during a calendar year. By 117 March 1 annually, a health maintenance organization shall submit 118 a report to the office delineating such changes made in the 119 previous calendar year. The annual report must include, at a