Florida Senate - 2024 CS for SB 964 By the Committee on Banking and Insurance; and Senator Calatayud 597-03029-24 2024964c1 1 A bill to be entitled 2 An act relating to coverage for biomarker testing; 3 amending s. 110.12303, F.S.; defining terms; requiring 4 the Department of Management Services to provide 5 coverage of biomarker testing for specified purposes 6 for state employees’ state group health insurance plan 7 policies issued on or after a specified date; 8 specifying circumstances under which such coverage may 9 be provided; requiring state group health insurance 10 plans to provide enrollees and participating providers 11 with a clear and convenient process for authorization 12 requests for biomarker testing; requiring that such 13 process be readily accessible online; providing 14 construction; amending s. 409.906, F.S.; defining 15 terms; authorizing the Agency for Health Care 16 Administration to pay for biomarker testing under the 17 Medicaid program for specified purposes, subject to 18 specific appropriations; specifying circumstances 19 under which such payments may be made; requiring that 20 Medicaid recipients and participating providers be 21 provided a clear and convenient process for 22 authorization requests for biomarker testing; 23 requiring that such process be readily accessible 24 online; providing construction; authorizing the agency 25 to seek federal approval for biomarker testing 26 payments; creating s. 409.9745, F.S.; requiring 27 managed care plans under contract with the agency in 28 the Medicaid program to provide coverage for biomarker 29 testing for Medicaid recipients in a certain manner; 30 requiring managed care plans to provide Medicaid 31 recipients and health care providers with a clear and 32 convenient process for authorization requests for 33 biomarker testing; requiring that such process be 34 readily accessible on the managed care plan’s website; 35 providing construction; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Subsection (5) is added to section 110.12303, 40 Florida Statutes, to read: 41 110.12303 State group insurance program; additional 42 benefits; price transparency program; reporting.— 43 (5)(a) As used in this subsection, the term: 44 1. “Biomarker” means a defined characteristic that is 45 measured as an indicator of normal biological processes, 46 pathogenic processes, or responses to an exposure or 47 intervention, including therapeutic interventions. The term 48 includes, but is not limited to, molecular, histologic, 49 radiographic, or physiologic characteristics but does not 50 include an assessment of how a patient feels, functions, or 51 survives. 52 2. “Biomarker testing” means an analysis of a patient’s 53 tissue, blood, or other biospecimen for the presence of a 54 biomarker. The term includes, but is not limited to, single 55 analyte tests, multiplex panel tests, protein expression, and 56 whole exome, whole genome, and whole transcriptome sequencing 57 performed at a participating in-network laboratory facility that 58 is certified pursuant to the federal Clinical Laboratory 59 Improvement Amendment (CLIA) or that has obtained a CLIA 60 Certificate of Waiver by the United States Food and Drug 61 Administration for the tests. 62 3. “Clinical utility” means the test result provides 63 information that is used in the formulation of a treatment or 64 monitoring strategy that informs a patient’s outcome and impacts 65 the clinical decision. 66 (b) For state group health insurance plan policies issued 67 on or after January 1, 2025, the department shall provide 68 coverage of biomarker testing for the purposes of diagnosis, 69 treatment, appropriate management, or ongoing monitoring of an 70 enrollee’s disease or condition to guide treatment decisions if 71 medical and scientific evidence indicates that the biomarker 72 testing provides clinical utility to the enrollee. Such medical 73 and scientific evidence includes, but is not limited to: 74 1. A labeled indication for a test approved or cleared by 75 the United States Food and Drug Administration; 76 2. An indicated test for a drug approved by the United 77 States Food and Drug Administration; 78 3. A national coverage determination made by the Centers 79 for Medicare and Medicaid Services or a local coverage 80 determination made by the Medicare Administrative Contractor; or 81 4. A nationally recognized clinical practice guideline. As 82 used in this subparagraph, the term “nationally recognized 83 clinical practice guideline” means an evidence-based clinical 84 practice guideline developed by independent organizations or 85 medical professional societies using a transparent methodology 86 and reporting structure and with a conflict-of-interest policy. 87 Guidelines developed by such organizations or societies 88 establish standards of care informed by a systematic review of 89 evidence and an assessment of the benefits and costs of 90 alternative care options and include recommendations intended to 91 optimize patient care. 92 (c) Each state group health insurance plan shall provide 93 enrollees and participating providers with a clear and 94 convenient process to request authorization for biomarker 95 testing. Such process must be made readily accessible online to 96 all enrollees and participating providers. 97 (d) This subsection does not require coverage of biomarker 98 testing for screening purposes. 99 Section 2. Subsection (29) is added to section 409.906, 100 Florida Statutes, to read: 101 409.906 Optional Medicaid services.—Subject to specific 102 appropriations, the agency may make payments for services which 103 are optional to the state under Title XIX of the Social Security 104 Act and are furnished by Medicaid providers to recipients who 105 are determined to be eligible on the dates on which the services 106 were provided. Any optional service that is provided shall be 107 provided only when medically necessary and in accordance with 108 state and federal law. Optional services rendered by providers 109 in mobile units to Medicaid recipients may be restricted or 110 prohibited by the agency. Nothing in this section shall be 111 construed to prevent or limit the agency from adjusting fees, 112 reimbursement rates, lengths of stay, number of visits, or 113 number of services, or making any other adjustments necessary to 114 comply with the availability of moneys and any limitations or 115 directions provided for in the General Appropriations Act or 116 chapter 216. If necessary to safeguard the state’s systems of 117 providing services to elderly and disabled persons and subject 118 to the notice and review provisions of s. 216.177, the Governor 119 may direct the Agency for Health Care Administration to amend 120 the Medicaid state plan to delete the optional Medicaid service 121 known as “Intermediate Care Facilities for the Developmentally 122 Disabled.” Optional services may include: 123 (29) BIOMARKER TESTING SERVICES.— 124 (a) As used in this subsection, the term: 125 1. “Biomarker” means a defined characteristic that is 126 measured as an indicator of normal biological processes, 127 pathogenic processes, or responses to an exposure or 128 intervention, including therapeutic interventions. The term 129 includes, but is not limited to, molecular, histologic, 130 radiographic, or physiologic characteristics but does not 131 include an assessment of how a patient feels, functions, or 132 survives. 133 2. “Biomarker testing” means an analysis of a patient’s 134 tissue, blood, or other biospecimen for the presence of a 135 biomarker. The term includes, but is not limited to, single 136 analyte tests, multiplex panel tests, protein expression, and 137 whole exome, whole genome, and whole transcriptome sequencing 138 performed at a participating in-network laboratory facility that 139 is certified pursuant to the federal Clinical Laboratory 140 Improvement Amendment (CLIA) or that has obtained a CLIA 141 Certificate of Waiver by the United States Food and Drug 142 Administration for the tests. 143 3. “Clinical utility” means the test result provides 144 information that is used in the formulation of a treatment or 145 monitoring strategy that informs a patient’s outcome and impacts 146 the clinical decision. 147 (b) The agency may pay for biomarker testing for the 148 purposes of diagnosis, treatment, appropriate management, or 149 ongoing monitoring of a recipient’s disease or condition to 150 guide treatment decisions if medical and scientific evidence 151 indicates that the biomarker testing provides clinical utility 152 to the recipient. Such medical and scientific evidence includes, 153 but is not limited to: 154 1. A labeled indication for a test approved or cleared by 155 the Unites States Food and Drug Administration; 156 2. An indicated test for a drug approved by the United 157 States Food and Drug Administration; 158 3. A national coverage determination made by the Centers 159 for Medicare and Medicaid Services or a local coverage 160 determination made by the Medicare Administrative Contractor; or 161 4. A nationally recognized clinical practice guideline. As 162 used in this subparagraph, the term “nationally recognized 163 clinical practice guideline” means an evidence-based clinical 164 practice guideline developed by independent organizations or 165 medical professional societies using a transparent methodology 166 and reporting structure and with a conflict-of-interest policy. 167 Guidelines developed by such organizations or societies 168 establish standards of care informed by a systematic review of 169 evidence and an assessment of the benefits and costs of 170 alternative care options and include recommendations intended to 171 optimize patient care. 172 (c) Recipients and participating providers must be provided 173 access to a clear and convenient process to request 174 authorization for biomarker testing as provided under this 175 subsection. Such process must be made readily accessible online 176 to all recipients and participating providers. 177 (d) This subsection does not require coverage of biomarker 178 testing for screening purposes. 179 (e) The agency may seek federal approval necessary to 180 implement this subsection. 181 Section 3. Section 409.9745, Florida Statutes, is created 182 to read: 183 409.9745 Managed care plan biomarker testing.— 184 (1) A managed care plan must provide coverage for biomarker 185 testing for recipients, as authorized under s. 409.906, at the 186 same scope, duration, and frequency as the Medicaid program 187 provides for other medically necessary treatments. 188 (2) The managed care plan shall provide recipients and 189 health care providers with access to a clear and convenient 190 process to request authorization for biomarker testing as 191 provided under this section. Such process must be made readily 192 accessible on the managed care plan’s website. 193 (3) This section does not require coverage of biomarker 194 testing for screening purposes. 195 Section 4. This act shall take effect July 1, 2024.