Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 964 Ì237278MÎ237278 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/08/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Calatayud) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (5) is added to section 110.12303, 6 Florida Statutes, to read: 7 110.12303 State group insurance program; additional 8 benefits; price transparency program; reporting.— 9 (5)(a) As used in this subsection, the term: 10 1. “Biomarker” means a defined characteristic that is 11 measured as an indicator of normal biological processes, 12 pathogenic processes, or responses to an exposure or 13 intervention, including therapeutic interventions. The term 14 includes, but is not limited to, molecular, histologic, 15 radiographic, or physiologic characteristics but does not 16 include an assessment of how a patient feels, functions, or 17 survives. 18 2. “Biomarker testing” means an analysis of a patient’s 19 tissue, blood, or other biospecimen for the presence of a 20 biomarker. The term includes, but is not limited to, single 21 analyte tests, multiplex panel tests, protein expression, and 22 whole exome, whole genome, and whole transcriptome sequencing 23 performed at a participating in-network laboratory facility that 24 is certified pursuant to the federal Clinical Laboratory 25 Improvement Amendment (CLIA) or that has obtained a CLIA 26 Certificate of Waiver by the United States Food and Drug 27 Administration for the tests. 28 3. “Clinical utility” means the test result provides 29 information that is used in the formulation of a treatment or 30 monitoring strategy that informs a patient’s outcome and impacts 31 the clinical decision. 32 (b) For state group health insurance plan policies issued 33 on or after January 1, 2025, the department shall provide 34 coverage of biomarker testing for the purposes of diagnosis, 35 treatment, appropriate management, or ongoing monitoring of an 36 enrollee’s disease or condition to guide treatment decisions if 37 medical and scientific evidence indicates that the biomarker 38 testing provides clinical utility to the enrollee. Such medical 39 and scientific evidence includes, but is not limited to: 40 1. A labeled indication for a test approved or cleared by 41 the United States Food and Drug Administration; 42 2. An indicated test for a drug approved by the United 43 States Food and Drug Administration; 44 3. A national coverage determination made by the Centers 45 for Medicare and Medicaid Services or a local coverage 46 determination made by the Medicare Administrative Contractor; or 47 4. A nationally recognized clinical practice guideline. As 48 used in this subparagraph, the term “nationally recognized 49 clinical practice guideline” means an evidence-based clinical 50 practice guideline developed by independent organizations or 51 medical professional societies using a transparent methodology 52 and reporting structure and with a conflict-of-interest policy. 53 Guidelines developed by such organizations or societies 54 establish standards of care informed by a systematic review of 55 evidence and an assessment of the benefits and costs of 56 alternative care options and include recommendations intended to 57 optimize patient care. 58 (c) Each state group health insurance plan shall provide 59 enrollees and participating providers with a clear and 60 convenient process to request authorization for biomarker 61 testing. Such process must be made readily accessible online to 62 all enrollees and participating providers. 63 (d) This subsection does not require coverage of biomarker 64 testing for screening purposes. 65 Section 2. Subsection (29) is added to section 409.906, 66 Florida Statutes, to read: 67 409.906 Optional Medicaid services.—Subject to specific 68 appropriations, the agency may make payments for services which 69 are optional to the state under Title XIX of the Social Security 70 Act and are furnished by Medicaid providers to recipients who 71 are determined to be eligible on the dates on which the services 72 were provided. Any optional service that is provided shall be 73 provided only when medically necessary and in accordance with 74 state and federal law. Optional services rendered by providers 75 in mobile units to Medicaid recipients may be restricted or 76 prohibited by the agency. Nothing in this section shall be 77 construed to prevent or limit the agency from adjusting fees, 78 reimbursement rates, lengths of stay, number of visits, or 79 number of services, or making any other adjustments necessary to 80 comply with the availability of moneys and any limitations or 81 directions provided for in the General Appropriations Act or 82 chapter 216. If necessary to safeguard the state’s systems of 83 providing services to elderly and disabled persons and subject 84 to the notice and review provisions of s. 216.177, the Governor 85 may direct the Agency for Health Care Administration to amend 86 the Medicaid state plan to delete the optional Medicaid service 87 known as “Intermediate Care Facilities for the Developmentally 88 Disabled.” Optional services may include: 89 (29) BIOMARKER TESTING SERVICES.— 90 (a) As used in this subsection, the term: 91 1. “Biomarker” means a defined characteristic that is 92 measured as an indicator of normal biological processes, 93 pathogenic processes, or responses to an exposure or 94 intervention, including therapeutic interventions. The term 95 includes, but is not limited to, molecular, histologic, 96 radiographic, or physiologic characteristics but does not 97 include an assessment of how a patient feels, functions, or 98 survives. 99 2. “Biomarker testing” means an analysis of a patient’s 100 tissue, blood, or other biospecimen for the presence of a 101 biomarker. The term includes, but is not limited to, single 102 analyte tests, multiplex panel tests, protein expression, and 103 whole exome, whole genome, and whole transcriptome sequencing 104 performed at a participating in-network laboratory facility that 105 is certified pursuant to the federal Clinical Laboratory 106 Improvement Amendment (CLIA) or that has obtained a CLIA 107 Certificate of Waiver by the United States Food and Drug 108 Administration for the tests. 109 3. “Clinical utility” means the test result provides 110 information that is used in the formulation of a treatment or 111 monitoring strategy that informs a patient’s outcome and impacts 112 the clinical decision. 113 (b) The agency may pay for biomarker testing for the 114 purposes of diagnosis, treatment, appropriate management, or 115 ongoing monitoring of a recipient’s disease or condition to 116 guide treatment decisions if medical and scientific evidence 117 indicates that the biomarker testing provides clinical utility 118 to the recipient. Such medical and scientific evidence includes, 119 but is not limited to: 120 1. A labeled indication for a test approved or cleared by 121 the Unites States Food and Drug Administration; 122 2. An indicated test for a drug approved by the United 123 States Food and Drug Administration; 124 3. A national coverage determination made by the Centers 125 for Medicare and Medicaid Services or a local coverage 126 determination made by the Medicare Administrative Contractor; or 127 4. A nationally recognized clinical practice guideline. As 128 used in this subparagraph, the term “nationally recognized 129 clinical practice guideline” means an evidence-based clinical 130 practice guideline developed by independent organizations or 131 medical professional societies using a transparent methodology 132 and reporting structure and with a conflict-of-interest policy. 133 Guidelines developed by such organizations or societies 134 establish standards of care informed by a systematic review of 135 evidence and an assessment of the benefits and costs of 136 alternative care options and include recommendations intended to 137 optimize patient care. 138 (c) Recipients and participating providers must be provided 139 access to a clear and convenient process to request 140 authorization for biomarker testing as provided under this 141 subsection. Such process must be made readily accessible online 142 to all recipients and participating providers. 143 (d) This subsection does not require coverage of biomarker 144 testing for screening purposes. 145 (e) The agency may seek federal approval necessary to 146 implement this subsection. 147 Section 3. Section 409.9745, Florida Statutes, is created 148 to read: 149 409.9745 Managed care plan biomarker testing.— 150 (1) A managed care plan must provide coverage for biomarker 151 testing for recipients, as authorized under s. 409.906, at the 152 same scope, duration, and frequency as the Medicaid program 153 provides for other medically necessary treatments. 154 (2) The managed care plan shall provide recipients and 155 health care providers with access to a clear and convenient 156 process to request authorization for biomarker testing as 157 provided under this section. Such process must be made readily 158 accessible on the managed care plan’s website. 159 (3) This section does not require coverage of biomarker 160 testing for screening purposes. 161 Section 4. This act shall take effect July 1, 2024. 162 163 ================= T I T L E A M E N D M E N T ================ 164 And the title is amended as follows: 165 Delete everything before the enacting clause 166 and insert: 167 A bill to be entitled 168 An act relating to coverage for biomarker testing; 169 amending s. 110.12303, F.S.; defining terms; requiring 170 the Department of Management Services to provide 171 coverage of biomarker testing for specified purposes 172 for state employees’ state group health insurance plan 173 policies issued on or after a specified date; 174 specifying circumstances under which such coverage may 175 be provided; requiring state group health insurance 176 plans to provide enrollees and participating providers 177 with a clear and convenient process for authorization 178 requests for biomarker testing; requiring that such 179 process be readily accessible online; providing 180 construction; amending s. 409.906, F.S.; defining 181 terms; authorizing the Agency for Health Care 182 Administration to pay for biomarker testing under the 183 Medicaid program for specified purposes, subject to 184 specific appropriations; specifying circumstances 185 under which such payments may be made; requiring that 186 Medicaid recipients and participating providers be 187 provided a clear and convenient process for 188 authorization requests for biomarker testing; 189 requiring that such process be readily accessible 190 online; providing construction; authorizing the agency 191 to seek federal approval for biomarker testing 192 payments; creating s. 409.9745, F.S.; requiring 193 managed care plans under contract with the agency in 194 the Medicaid program to provide coverage for biomarker 195 testing for Medicaid recipients in a certain manner; 196 requiring managed care plans to provide Medicaid 197 recipients and health care providers with a clear and 198 convenient process for authorization requests for 199 biomarker testing; requiring that such process be 200 readily accessible on the managed care plan’s website; 201 providing construction; providing an effective date.