Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1338 Ì422030YÎ422030 LEGISLATIVE ACTION Senate . House Comm: WD . 01/28/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Thurston) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 510 and 511 4 insert: 5 Section 7. Section 627.444, Florida Statutes, is created to 6 read: 7 627.444 Health insurers; prescription drug spending 8 reports.— 9 (1) As used in this section, the term: 10 (a) “Specialty drug” means a prescription drug on a health 11 insurer’s formulary which is also covered under Medicare Part D 12 and exceeds the specialty tier cost threshold established by the 13 federal Centers for Medicare and Medicaid Services. 14 (b) “Utilization management” means a set of formal 15 techniques designed to monitor the use of or evaluate the 16 medical necessity, appropriateness, efficacy, or efficiency of 17 health care services, procedures, or settings. 18 (2) By February 1 of each year, each health insurer shall 19 submit to the office a report including all of the following 20 information across all health insurance policies for the 21 preceding calendar year: 22 (a) The names of the 25 most frequently prescribed 23 prescription drugs. 24 (b) The percentage of any increase in annual net spending 25 for prescription drugs. 26 (c) The percentage of any increase in premiums which was 27 attributable to prescription drugs. 28 (d) The percentage of specialty drugs with utilization 29 management requirements prescribed. 30 (e) Any premium reductions that were attributable to 31 specialty drug utilization management. 32 (3) A report submitted under this section may not disclose 33 the identity of a specific health insurance policy or the price 34 charged for a specific prescription drug or class of 35 prescription drugs. 36 (4) By May 1 of each year, the office shall publish on its 37 website aggregated data from all reports it received under this 38 section for that year. The data from the reports may not be 39 published in a manner that would disclose or tend to disclose 40 any health insurer’s proprietary or confidential information. 41 (5) The commission may adopt rules to administer this 42 section. 43 Section 8. Section 641.262, Florida Statutes, is created to 44 read: 45 641.262 Prescription drug spending reports.— 46 (1) As used in this section, the term: 47 (a) “Specialty drug” means a prescription drug on a health 48 maintenance organization’s formulary which is also covered under 49 Medicare Part D and exceeds the specialty tier cost threshold 50 established by the federal Centers for Medicare and Medicaid 51 Services. 52 (b) “Utilization management” means a set of formal 53 techniques designed to monitor the use of or evaluate the 54 medical necessity, appropriateness, efficacy, or efficiency of 55 health care services, procedures, or settings. 56 (2) By February 1 of each year, each health maintenance 57 organization shall submit to the office a report including all 58 of the following information across all health maintenance 59 contracts for the preceding calendar year: 60 (a) The names of the 25 most frequently prescribed 61 prescription drugs. 62 (b) The percentage of any increase in annual net spending 63 for prescription drugs. 64 (c) The percentage of any increase in premiums which was 65 attributable to prescription drugs. 66 (d) The percentage of specialty drugs with utilization 67 management requirements prescribed. 68 (e) Any premium reduction that was attributable to 69 specialty drug utilization management. 70 (3) A report submitted under this section may not disclose 71 the identity of a specific health maintenance contract or the 72 price charged for a specific prescription drug or class of 73 prescription drugs. 74 (4) By May 1 of each year, the office shall publish on its 75 website aggregated data from all reports it received under this 76 section for that year. The data from the reports may not be 77 published in a manner that would disclose or tend to disclose 78 any health maintenance organization’s proprietary or 79 confidential information. 80 (5) The commission may adopt rules to administer this 81 section. 82 83 ================= T I T L E A M E N D M E N T ================ 84 And the title is amended as follows: 85 Between lines 39 and 40 86 insert: 87 creating ss. 627.444 and 641.262, F.S.; defining the 88 terms “specialty drugs” and “utilization management”; 89 requiring health insurers and health maintenance 90 organizations to annually report to the office 91 specified prescription drug spending information 92 across all of their health insurance policies and 93 health maintenance contracts, respectively; 94 prohibiting the disclosure of certain information in 95 the reports; requiring the office to annually publish 96 a certain report on its website; prohibiting the 97 publication of data in the report in a certain manner; 98 authorizing the commission to adopt rules;