Florida Senate - 2025                                    SB 1542
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-01151B-25                                           20251542__
    1                        A bill to be entitled                      
    2         An act relating to coverage for colorectal cancer
    3         screening and diagnosis; amending s. 408.9091, F.S.;
    4         revising the colorectal screening requirements for
    5         specified plans under the Cover Florida Health Care
    6         Access Program; creating s. 627.64192, F.S.; defining
    7         the term “cost sharing”; requiring specified
    8         individual health insurance policies to provide
    9         coverage for specified colorectal cancer screening
   10         tests, procedures, and examinations under certain
   11         circumstances; prohibiting individual health insurers
   12         from imposing any cost sharing for such coverage;
   13         providing applicability; creating s. 627.6614, F.S.;
   14         defining the term “cost sharing”; requiring specified
   15         group, blanket, and franchise health insurance
   16         policies to provide coverage for specified colorectal
   17         cancer screening tests, procedures, and examinations
   18         under certain circumstances; prohibiting group,
   19         blanket, and franchise health insurers from imposing
   20         any cost sharing for such coverage; creating s.
   21         641.31093, F.S.; defining the term “cost sharing”;
   22         requiring specified health maintenance contracts to
   23         provide coverage for specified colorectal cancer
   24         screening tests, procedures, and examinations under
   25         certain circumstances; prohibiting health maintenance
   26         organizations from imposing any cost sharing for such
   27         coverage; providing applicability; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (a) of subsection (4) of section
   33  408.9091, Florida Statutes, is amended to read:
   34         408.9091 Cover Florida Health Care Access Program.—
   35         (4) PROGRAM.—The agency and the office shall jointly
   36  establish and administer the Cover Florida Health Care Access
   37  Program.
   38         (a) General Cover Florida plan components must require
   39  that:
   40         1. Plans are offered on a guaranteed-issue basis to
   41  enrollees, subject to exclusions for preexisting conditions
   42  approved by the office and the agency.
   43         2. Plans are portable such that the enrollee remains
   44  covered regardless of employment status or the cost sharing of
   45  premiums.
   46         3. Plans provide for cost containment through limits on the
   47  number of services, caps on benefit payments, and copayments for
   48  services.
   49         4. A Cover Florida plan entity makes all benefit plan and
   50  marketing materials available in English and Spanish.
   51         5. In order to provide for consumer choice, Cover Florida
   52  plan entities develop two alternative benefit option plans
   53  having different cost and benefit levels, including at least one
   54  plan that provides catastrophic coverage.
   55         6. Plans without catastrophic coverage provide coverage
   56  options for services including, but not limited to:
   57         a. Preventive health services, including immunizations,
   58  annual health assessments, well-woman and well-care services,
   59  and preventive screenings such as mammograms, cervical cancer
   60  screenings, and noninvasive colorectal or prostate screenings,
   61  and colorectal cancer screenings in accordance with s.
   62  627.64192, s. 627.6614, or s. 641.31093.
   63         b. Incentives for routine preventive care.
   64         c. Office visits for the diagnosis and treatment of illness
   65  or injury.
   66         d. Office surgery, including anesthesia.
   67         e. Behavioral health services.
   68         f. Durable medical equipment and prosthetics.
   69         g. Diabetic supplies.
   70         7. Plans providing catastrophic coverage, at a minimum,
   71  provide coverage options for all of the services listed under
   72  subparagraph 6.; however, such plans may include, but are not
   73  limited to, coverage options for:
   74         a. Inpatient hospital stays.
   75         b. Hospital emergency care services.
   76         c. Urgent care services.
   77         d. Outpatient facility services, outpatient surgery, and
   78  outpatient diagnostic services.
   79         8. All plans offer prescription drug benefit coverage, use
   80  a prescription drug manager, or offer a discount drug card.
   81         9. Plan enrollment materials provide information in plain
   82  language on policy benefit coverage, benefit limits, cost
   83  sharing requirements, and exclusions and a clear representation
   84  of what is not covered in the plan. Such enrollment materials
   85  must include a standard disclosure form adopted by rule by the
   86  Financial Services Commission, to be reviewed and executed by
   87  all consumers purchasing Cover Florida plan coverage.
   88         10. Plans offered through a qualified employer meet the
   89  requirements of s. 125 of the Internal Revenue Code.
   90         Section 2. Section 627.64192, Florida Statutes, is created
   91  to read:
   92         627.64192Coverage for colorectal cancer screening and
   93  diagnosis.—
   94         (1)As used in this section, the term “cost sharing”
   95  includes copayments, coinsurance, dollar limits, and deductibles
   96  imposed on the covered person. The term does not include
   97  premiums.
   98         (2)(a)A health insurance policy issued, amended,
   99  delivered, or renewed on or after January 1, 2026, must provide
  100  coverage for a colorectal cancer screening test, procedure, or
  101  examination conducted by a health care provider which is:
  102         1.a.Approved by the United States Food and Drug
  103  Administration and meets the requirements of the National
  104  Coverage Determination 210.3 made by the Centers for Medicare
  105  and Medicaid Services; or
  106         b.In accordance with the most recent or most recently
  107  published guidelines and recommendations established by the
  108  American Cancer Society for the ages, family histories, and
  109  frequencies referenced in such guidelines and recommendations;
  110  and
  111         2.Deemed appropriate by the attending physician after
  112  conferring with the patient.
  113         (b)The health insurer may not impose any cost sharing on
  114  the insured for the coverage of a colorectal cancer screening
  115  test, procedure, or examination described in paragraph (a),
  116  regardless of whether the test, procedure, or examination is
  117  conducted by an in-network or out-of-network health care
  118  provider.
  119         (3)This section does not apply to a nonrenewable health
  120  insurance policy written for a period of less than 6 months.
  121         Section 3. Section 627.6614, Florida Statutes, is created
  122  to read:
  123         627.6614Coverage for colorectal cancer screening and
  124  diagnosis.—
  125         (1)As used in this section, the term “cost sharing”
  126  includes copayments, coinsurance, dollar limits, and deductibles
  127  imposed on the covered person. The term does not include
  128  premiums.
  129         (2)(a)A health insurance policy issued, amended,
  130  delivered, or renewed on or after January 1, 2026, must provide
  131  coverage for a colorectal cancer screening test, procedure, or
  132  examination conducted by a health care provider which is:
  133         1.a.Approved by the United States Food and Drug
  134  Administration and meets the requirements of the National
  135  Coverage Determination 210.3 made by the Centers for Medicare
  136  and Medicaid Services; or
  137         b.In accordance with the most recent or most recently
  138  published guidelines and recommendations established by the
  139  American Cancer Society for the ages, family histories, and
  140  frequencies referenced in such guidelines and recommendations;
  141  and
  142         2.Deemed appropriate by the attending physician after
  143  conferring with the patient.
  144         (b)The health insurer may not impose any cost sharing on
  145  the insured for the coverage of a colorectal cancer screening
  146  test, procedure, or examination described in paragraph (a),
  147  regardless of whether the test, procedure, or examination is
  148  conducted by an in-network or out-of-network health care
  149  provider.
  150         Section 4. Section 641.31093, Florida Statutes, is created
  151  to read:
  152         641.31093Coverage for colorectal cancer screening and
  153  diagnosis.—
  154         (1)As used in this section, the term “cost sharing”
  155  includes copayments, coinsurance, dollar limits, and deductibles
  156  imposed on the covered person. The term does not include
  157  premiums.
  158         (2)(a)A health maintenance contract issued, amended,
  159  delivered, or renewed on or after January 1, 2026, must provide
  160  coverage for a colorectal cancer screening test, procedure, or
  161  examination conducted by a health care provider which is:
  162         1.a.Approved by the United States Food and Drug
  163  Administration and meets the requirements of the National
  164  Coverage Determination 210.3 made by the Centers for Medicare
  165  and Medicaid Services; or
  166         b.In accordance with the most recent or most recently
  167  published guidelines and recommendations established by the
  168  American Cancer Society for the ages, family histories, and
  169  frequencies referenced in such guidelines and recommendations;
  170  and
  171         2.Deemed appropriate by the attending physician after
  172  conferring with the patient.
  173         (b)The health maintenance organization may not impose any
  174  cost sharing on the subscriber for the coverage of a colorectal
  175  cancer screening test, procedure, or examination described in
  176  paragraph (a), regardless of whether the test, procedure, or
  177  examination is conducted by an in-network or out-of-network
  178  health care provider.
  179         (3)This section does not apply to a nonrenewable
  180  individual health maintenance contract written for a period of
  181  less than 6 months.
  182         Section 5. This act shall take effect July 1, 2025.