Florida Senate - 2024 SB 932 By Senator Berman 26-01578-24 2024932__ 1 A bill to be entitled 2 An act relating to coverage for diagnostic and 3 supplemental breast examinations; amending s. 110.123, 4 F.S.; prohibiting the state group insurance program 5 from imposing any enrollee cost-sharing liability with 6 respect to coverage for diagnostic breast examinations 7 and supplemental breast examinations; creating ss. 8 627.64181, 627.66131, and 641.31093, F.S.; defining 9 terms; prohibiting the imposition of cost-sharing 10 requirements for diagnostic and supplemental breast 11 examinations by individual accident and health 12 insurance policies; group, blanket, or franchise 13 accident and health insurance policies; and health 14 maintenance contracts, respectively, which provide 15 such coverage; providing applicability; authorizing 16 the Financial Services Commission to adopt rules; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (c) of subsection (3) of section 22 110.123, Florida Statutes, is amended to read: 23 110.123 State group insurance program.— 24 (3) STATE GROUP INSURANCE PROGRAM.— 25 (c)1. Notwithstanding any provision in this section to the 26 contrary, it is the intent of the Legislature that the 27 department shall be responsible for all aspects of the purchase 28 of health care for state employees under the state group health 29 insurance plan or plans, TRICARE supplemental insurance plans, 30 and the health maintenance organization plans. Responsibilities 31 shall include, but not be limited to, the development of 32 requests for proposals or invitations to negotiate for state 33 employee health benefits, the determination of health care 34 benefits to be provided, and the negotiation of contracts for 35 health care and health care administrative services. Prior to 36 the negotiation of contracts for health care services, the 37 Legislature intends that the department shall develop, with 38 respect to state collective bargaining issues, the health 39 benefits and terms to be included in the state group health 40 insurance program. The department shall adopt rules necessary to 41 perform its responsibilities pursuant to this section. The 42 department is responsible for the contract management and day 43 to-day management of the state employee health insurance 44 program, including, but not limited to, employee enrollment, 45 premium collection, payment to health care providers, and other 46 administrative functions related to the program. 47 2. In any contract or plan for state employee health 48 benefits which provides coverage for diagnostic breast 49 examinations or supplemental breast examinations, as those terms 50 are defined in s. 627.64181(1), the state group insurance 51 program may not impose any enrollee cost-sharing liability. 52 Section 2. Section 627.64181, Florida Statutes, is created 53 to read: 54 627.64181 Coverage for diagnostic and supplemental breast 55 examinations; cost-sharing requirements prohibited.— 56 (1) As used in this section, the term: 57 (a) “Cost-sharing requirement” means an insured’s 58 deductible, coinsurance, copayment, or similar out-of-pocket 59 expense. 60 (b) “Diagnostic breast examination” means a medically 61 necessary and appropriate examination of the breast, including, 62 but not limited to, an examination using diagnostic mammography, 63 breast magnetic resonance imaging, or breast ultrasound, which 64 is used to evaluate an abnormality that is seen or suspected 65 from a screening examination for breast cancer. 66 (c) “Supplemental breast examination” means a medically 67 necessary and appropriate examination of the breast, including, 68 but not limited to, an examination using breast magnetic 69 resonance imaging or breast ultrasound, which is: 70 1. Used to screen for breast cancer when there is no 71 abnormality seen or suspected; and 72 2. Based on personal or family medical history or 73 additional factors that may increase the person’s risk of breast 74 cancer. 75 (2) An accident or health insurance policy issued, amended, 76 delivered, or renewed on or after January 1, 2025, which 77 provides coverage for diagnostic breast examinations and 78 supplemental breast examinations may not impose any cost-sharing 79 requirement with respect to such coverage. 80 (3) If, under federal law, the application of subsection 81 (2) would result in health savings account ineligibility under 82 s. 223 of the Internal Revenue Code, the prohibition under 83 subsection (2) applies only to health savings account qualified 84 high-deductible health plans with respect to the deductible of 85 such a plan after the person has satisfied the minimum 86 deductible under s. 223 of the Internal Revenue Code, except 87 with respect to items or services that are preventive care 88 pursuant to s. 223(c)(2)(C) of the Internal Revenue Code, in 89 which case the requirements of s. 223(c)(2)(A) of the Internal 90 Revenue Code apply regardless of whether the minimum deductible 91 under s. 223 of the Internal Revenue Code has been satisfied. 92 (4) The commission may adopt rules to administer this 93 section. 94 Section 3. Section 627.66131, Florida Statutes, is created 95 to read: 96 627.66131 Coverage for diagnostic and supplemental breast 97 examinations; cost-sharing requirements prohibited.— 98 (1) As used in this section, the terms “cost-sharing 99 requirement,” “diagnostic breast examination,” and “supplemental 100 breast examination” have the same meanings as in s. 101 627.64181(1). 102 (2) A group, blanket, or franchise accident or health 103 insurance policy issued, amended, delivered, or renewed on or 104 after January 1, 2025, which provides coverage for diagnostic 105 breast examinations and supplemental breast examinations may not 106 impose any cost-sharing requirement with respect to such 107 coverage. 108 (3) If, under federal law, the application of subsection 109 (2) would result in health savings account ineligibility under 110 s. 223 of the Internal Revenue Code, the prohibition under 111 subsection (2) applies only to health savings account qualified 112 high-deductible health plans with respect to the deductible of 113 such a plan after the person has satisfied the minimum 114 deductible under s. 223 of the Internal Revenue Code, except 115 with respect to items or services that are preventive care 116 pursuant to s. 223(c)(2)(C) of the Internal Revenue Code, in 117 which case the requirements of s. 223(c)(2)(A) of the Internal 118 Revenue Code apply regardless of whether the minimum deductible 119 under s. 223 of the Internal Revenue Code has been satisfied. 120 (4) The commission may adopt rules to administer this 121 section. 122 Section 4. Section 641.31093, Florida Statutes, is created 123 to read: 124 641.31093 Coverage for diagnostic and supplemental breast 125 examinations; cost-sharing requirements prohibited.— 126 (1) As used in this section, the terms “cost-sharing 127 requirement,” “diagnostic breast examination,” and “supplemental 128 breast examination” have the same meanings as in s. 129 627.64181(1). 130 (2) A health maintenance contract issued, amended, 131 delivered, or renewed on or after January 1, 2025, which 132 provides coverage for diagnostic breast examinations and 133 supplemental breast examinations may not impose any cost-sharing 134 requirement with respect to such coverage. 135 (3) If, under federal law, the application of subsection 136 (2) would result in health savings account ineligibility under 137 s. 223 of the Internal Revenue Code, the prohibition under 138 subsection (2) applies only to health savings account qualified 139 high-deductible health plans with respect to the deductible of 140 such a plan after the person has satisfied the minimum 141 deductible under s. 223 of the Internal Revenue Code, except 142 with respect to items or services that are preventive care 143 pursuant to s. 223(c)(2)(C) of the Internal Revenue Code, in 144 which case the requirements of s. 223(c)(2)(A) of the Internal 145 Revenue Code apply regardless of whether the minimum deductible 146 under s. 223 of the Internal Revenue Code has been satisfied. 147 (4) The commission may adopt rules to administer this 148 section. 149 Section 5. This act shall take effect July 1, 2024.