Florida Senate - 2025                                    SB 1578
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00578-25                                            20251578__
    1                        A bill to be entitled                      
    2         An act relating to coverage for mammograms and
    3         supplemental breast cancer screenings; creating s.
    4         409.9064, F.S.; defining the terms “mammogram” and
    5         “supplemental breast cancer screening”; requiring the
    6         Agency for Health Care Administration to provide
    7         Medicaid coverage for annual mammograms and
    8         supplemental breast cancer screenings for certain
    9         women meeting specified criteria, subject to the
   10         availability of funds and any limitations or
   11         directions the Legislature provides in the General
   12         Appropriations Act; requiring the agency to seek
   13         federal approval, if needed, to implement specified
   14         provisions; amending ss. 627.6418, 627.6613, and
   15         641.31095, F.S.; defining the term “supplemental
   16         breast cancer screening”; revising coverage for
   17         mammograms under certain individual accident and
   18         health insurance policies, certain group, blanket, and
   19         franchise accident and health insurance policies, and
   20         certain health maintenance contracts, respectively;
   21         requiring coverages for supplemental breast cancer
   22         screenings under such policies and contracts under
   23         certain circumstances; revising applicability;
   24         providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 409.9064, Florida Statutes, is created
   29  to read:
   30         409.9064Coverage for mammograms and supplemental breast
   31  cancer screenings.—
   32         (1)As used in this section, the term:
   33         (a)“Mammogram” means an image of a radiologic examination
   34  used to detect unsuspected breast cancer at an early stage in an
   35  asymptomatic woman and includes the X-ray picture of the breast
   36  captured using equipment dedicated specifically for mammography,
   37  including, but not limited to, the X-ray tube, filter,
   38  compression device, screens, film, and cassettes. The radiologic
   39  examination must include two views of each breast. The term also
   40  includes images from digital breast tomosynthesis and the
   41  professional interpretation of images from any mammography
   42  equipment but does not include any diagnostic mammography image.
   43         (b)“Supplemental breast cancer screening” means a
   44  clinically appropriate examination, in addition to a mammogram,
   45  deemed medically necessary by a treating health care provider
   46  for breast cancer screening in accordance with applicable
   47  American College of Radiology guidelines, which examination
   48  includes, but is not limited to, magnetic resonance imaging,
   49  ultrasound, and molecular breast imaging.
   50         (2)Subject to the availability of funds and subject to any
   51  limitations or directions provided in the General Appropriations
   52  Act, the agency shall provide coverage for the following every
   53  year for a Medicaid recipient who is a woman 25 years of age or
   54  older:
   55         (a)One mammogram to detect the presence of breast cancer.
   56         (b)One supplemental breast cancer screening to detect the
   57  presence of breast cancer if:
   58         1.Based on the breast imaging reporting and data system
   59  established by the American College of Radiology, the woman’s
   60  mammogram demonstrates that the woman has dense breast tissue;
   61  or
   62         2.The woman is at an increased risk of breast cancer due
   63  to any of the following:
   64         a.A personal or family history of breast cancer.
   65         b.A personal history of biopsy-proven benign breast
   66  disease.
   67         c.Ancestry.
   68         d.Genetic predisposition.
   69         e.Not having given birth before the age of 30.
   70         f.Other reasons as determined by the woman’s health care
   71  provider.
   72         (3)The agency shall seek federal approval, if needed, for
   73  the implementation of this section.
   74         Section 2. Section 627.6418, Florida Statutes, is amended
   75  to read:
   76         627.6418 Coverage for mammograms and supplemental breast
   77  cancer screenings.—
   78         (1) As used in this section, the term “supplemental breast
   79  cancer screening” means a clinically appropriate examination, in
   80  addition to a mammogram, deemed medically necessary by a
   81  treating health care provider for breast cancer screening in
   82  accordance with applicable American College of Radiology
   83  guidelines, which examination includes, but is not limited to,
   84  magnetic resonance imaging, ultrasound, and molecular breast
   85  imaging.
   86         (2) An accident or health insurance policy issued, amended,
   87  delivered, or renewed in this state on or after July 1, 2025,
   88  must provide coverage for at least the following for any woman
   89  who is 25 years of age or older:
   90         (a) One A baseline mammogram a year, including a digital
   91  breast tomosynthesis mammogram for any woman who is 35 years of
   92  age or older, but younger than 40 years of age.
   93         (b) A mammogram every 2 years for any woman who is 40 years
   94  of age or older, but younger than 50 years of age, or more
   95  frequently based on the patient’s physician’s recommendation.
   96         (c)A mammogram every year for any woman who is 50 years of
   97  age or older.
   98         (d) One supplemental breast cancer screening or more
   99  mammograms a year, based upon a physician’s recommendation, if
  100  the for any woman who is at risk for breast cancer because of
  101  dense breast tissue, as demonstrated by the woman’s mammogram
  102  and based on the breast imaging reporting and data system
  103  established by the American College of Radiology; because of a
  104  personal or family history of breast cancer;, because of having
  105  a personal history of biopsy-proven benign breast disease;
  106  because of ancestry; because of genetic predisposition;, because
  107  of having a mother, sister, or daughter who has or has had
  108  breast cancer, or because the a woman has not given birth before
  109  the age of 30; or because of other reasons as determined by the
  110  woman’s physician.
  111         (3)(2)Except as provided in paragraph (1)(b), for
  112  mammograms done more frequently than every 2 years for women 40
  113  years of age or older but younger than 50 years of age, The
  114  coverage required by subsection (2) (1) applies, with or without
  115  a physician prescription, if the insured obtains a mammogram
  116  and, if applicable, a supplemental breast cancer screening in an
  117  office, facility, or health testing service that uses
  118  radiological equipment registered with the Department of Health
  119  for breast cancer screening. The coverage is subject to the
  120  deductible and coinsurance provisions applicable to outpatient
  121  visits, and is also subject to all other terms and conditions
  122  applicable to other benefits. This section does not affect any
  123  requirements or prohibitions relating to who may perform,
  124  analyze, or interpret a mammogram or the persons to whom the
  125  results of a mammogram may be furnished or released.
  126         (4)(3) This section does not apply to disability income,
  127  specified disease, or hospital indemnity policies.
  128         (5)(4) Every insurer subject to the requirements of this
  129  section shall make available to the policyholder as part of the
  130  application, for an appropriate additional premium, the coverage
  131  required in this section without such coverage being subject to
  132  the deductible or coinsurance provisions of the policy.
  133         Section 3. Section 627.6613, Florida Statutes, is amended
  134  to read:
  135         627.6613 Coverage for mammograms and supplemental breast
  136  cancer screenings.—
  137         (1) As used in this section, the term “supplemental breast
  138  cancer screening” means a clinically appropriate examination, in
  139  addition to a mammogram, deemed medically necessary by a
  140  treating physician for breast cancer screening in accordance
  141  with applicable American College of Radiology guidelines, which
  142  examination includes, but is not limited to, magnetic resonance
  143  imaging, ultrasound, and molecular breast imaging.
  144         (2) A group, blanket, or franchise accident or health
  145  insurance policy issued, amended, delivered, or renewed in this
  146  state on or after July 1, 2025, must provide coverage for at
  147  least the following for any woman who is 25 years of age or
  148  older:
  149         (a) One A baseline mammogram a year, including a digital
  150  breast tomosynthesis mammogram for any woman who is 35 years of
  151  age or older, but younger than 40 years of age.
  152         (b) A mammogram every 2 years for any woman who is 40 years
  153  of age or older, but younger than 50 years of age, or more
  154  frequently based on the patient’s physician’s recommendation.
  155         (c)A mammogram every year for any woman who is 50 years of
  156  age or older.
  157         (d) One supplemental breast cancer screening or more
  158  mammograms a year, based upon a physician’s recommendation, if
  159  the for any woman who is at risk for breast cancer because of
  160  dense breast tissue as demonstrated by the woman’s mammogram and
  161  based on the breast imaging reporting and data system
  162  established by the American College of Radiology; because of a
  163  personal or family history of breast cancer;, because of having
  164  a personal history of biopsy-proven benign breast disease;
  165  because of ancestry; because of genetic predisposition;, because
  166  of having a mother, sister, or daughter who has or has had
  167  breast cancer, or because the a woman has not given birth before
  168  the age of 30; or because of other reasons as determined by the
  169  woman’s physician.
  170         (3)(2)Except as provided in paragraph (1)(b), for
  171  mammograms done more frequently than every 2 years for women 40
  172  years of age or older but younger than 50 years of age, The
  173  coverage required by subsection (2) (1) applies, with or without
  174  a physician prescription, if the insured obtains a mammogram
  175  and, if applicable, a supplemental breast cancer screening in an
  176  office, facility, or health testing service that uses
  177  radiological equipment registered with the Department of Health
  178  for breast cancer screening. The coverage is subject to the
  179  deductible and coinsurance provisions applicable to outpatient
  180  visits, and is also subject to all other terms and conditions
  181  applicable to other benefits. This section does not affect any
  182  requirements or prohibitions relating to who may perform,
  183  analyze, or interpret a mammogram or the persons to whom the
  184  results of a mammogram may be furnished or released.
  185         (4)(3) Every insurer referred to in subsection (2) (1)
  186  shall make available to the policyholder as part of the
  187  application, for an appropriate additional premium, the coverage
  188  required in this section without such coverage being subject to
  189  the deductible or coinsurance provisions of the policy.
  190         Section 4. Section 641.31095, Florida Statutes, is amended
  191  to read:
  192         641.31095 Coverage for mammograms and supplemental breast
  193  cancer screenings.—
  194         (1) As used in this section, the term “supplemental breast
  195  cancer screening” means a clinically appropriate examination, in
  196  addition to a mammogram, deemed medically necessary by a
  197  treating physician for breast cancer screening in accordance
  198  with applicable American College of Radiology guidelines, which
  199  examination includes, but is not limited to, magnetic resonance
  200  imaging, ultrasound, and molecular breast imaging.
  201         (2) Every health maintenance contract issued or renewed on
  202  or after July 1, 2025, must January 1, 1996, shall provide
  203  coverage for at least the following for any woman who is 25
  204  years of age or older:
  205         (a) One A baseline mammogram a year, including a digital
  206  breast tomosynthesis mammogram for any woman who is 35 years of
  207  age or older, but younger than 40 years of age.
  208         (b) A mammogram every 2 years for any woman who is 40 years
  209  of age or older, but younger than 50 years of age, or more
  210  frequently based on the patient’s physician’s recommendations.
  211         (c)A mammogram every year for any woman who is 50 years of
  212  age or older.
  213         (d) One supplemental breast cancer screening or more
  214  mammograms a year, based upon a physician’s recommendation, if
  215  the for any woman who is at risk for breast cancer because of
  216  dense breast tissue as demonstrated by the woman’s mammogram and
  217  based on the breast imaging reporting and data system
  218  established by the American College of Radiology; because of a
  219  personal or family history of breast cancer;, because of having
  220  a personal history of biopsy-proven benign breast disease;
  221  because of ancestry; because of genetic predisposition;, because
  222  of having a mother, sister, or daughter who has had breast
  223  cancer, or because the a woman has not given birth before the
  224  age of 30; or because of other reasons as determined by the
  225  woman’s physician.
  226         (3)(2) The coverage required by this section is subject to
  227  the deductible and copayment provisions applicable to outpatient
  228  visits, and is also subject to all other terms and conditions
  229  applicable to other benefits. A health maintenance organization
  230  shall make available to the subscriber as part of the
  231  application, for an appropriate additional premium, the coverage
  232  required in this section without such coverage being subject to
  233  any deductible or copayment provisions in the contract.
  234         Section 5. This act shall take effect July 1, 2025.