Florida Senate - 2022                                    SB 1480
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00657-22                                           20221480__
    1                        A bill to be entitled                      
    2         An act relating to health insurance cost sharing;
    3         creating s. 627.6383, F.S.; defining the term “cost
    4         sharing requirement”; requiring specified individual
    5         health insurers and their pharmacy benefits managers
    6         to apply payments by or on behalf of insureds toward
    7         the total contributions of the insureds’ cost-sharing
    8         requirements; providing applicability; amending s.
    9         627.6385, F.S.; requiring specified individual health
   10         insurers to disclose on their websites and in their
   11         policies their applications of payments by or on
   12         behalf of policyholders toward the policyholders’
   13         total contributions to cost-sharing requirements;
   14         providing applicability; amending s. 627.64741, F.S.;
   15         requiring that contracts require pharmacy benefits
   16         managers to apply payments by or on behalf of insureds
   17         toward the insureds’ total contributions to cost
   18         sharing requirements; providing applicability;
   19         providing disclosure requirements; creating s.
   20         627.65715, F.S.; defining the term “cost-sharing
   21         requirement”; requiring specified group health
   22         insurers and their pharmacy benefits managers to apply
   23         payments by or on behalf of insureds toward the total
   24         contributions of the insureds’ cost-sharing
   25         requirements; providing disclosure requirements;
   26         providing applicability; amending s. 627.6572, F.S.;
   27         requiring that contracts require pharmacy benefits
   28         managers to apply payments by or on behalf of insureds
   29         toward the insureds’ total contributions to cost
   30         sharing requirements; providing applicability;
   31         providing disclosure requirements; amending s.
   32         627.6699, F.S.; providing contribution to cost-sharing
   33         requirements for small employer carriers; amending s.
   34         641.31, F.S.; defining the term “cost-sharing
   35         requirement”; requiring specified health maintenance
   36         organizations and their pharmacy benefits managers to
   37         apply payments by or on behalf of subscribers toward
   38         the total contributions of the subscribers’ cost
   39         sharing requirements; providing disclosure
   40         requirements; providing applicability; amending s.
   41         641.314, F.S.; requiring that contracts require
   42         pharmacy benefits managers to apply payments by or on
   43         behalf of subscribers toward the subscribers’ total
   44         contributions to cost-sharing requirements; providing
   45         applicability; providing disclosure requirements;
   46         amending s. 409.967, F.S.; conforming a cross
   47         reference; amending s. 641.185, F.S.; conforming a
   48         provision to changes made by the act; providing a
   49         declaration of important state interest; providing an
   50         effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Section 627.6383, Florida Statutes, is created
   55  to read:
   56         627.6383Cost-sharing requirements.—
   57         (1)As used in this section, the term “cost-sharing
   58  requirement” means a dollar limit, deductible, copayment,
   59  coinsurance, or any other out-of-pocket expense imposed on an
   60  insured, including, but not limited to, the annual limitation on
   61  cost sharing subject to 42 U.S.C. s. 18022.
   62         (2)(a)Each health insurer issuing, delivering, or renewing
   63  a policy in this state which provides prescription drug
   64  coverage, or each pharmacy benefits manager on behalf of such
   65  health insurer, shall apply any amount paid by an insured or by
   66  another person on behalf of the insured toward the insured’s
   67  total contribution to any cost-sharing requirement.
   68         (b)The amount paid by or on behalf of the insured which is
   69  applied toward the insured’s total contribution to any cost
   70  sharing requirement under paragraph (a) includes, but is not
   71  limited to, any payment with, or any discount through, financial
   72  assistance, a manufacturer copay card, a product voucher, or any
   73  other reduction in out-of-pocket expenses made by or on behalf
   74  of the insured for a prescription drug.
   75         (3)This section applies to any health insurance policy
   76  issued, delivered, or renewed in this state on or after January
   77  1, 2023.
   78         Section 2. Present subsections (2) and (3) of section
   79  627.6385, Florida Statutes, are redesignated as subsections (3)
   80  and (4), respectively, a new subsection (2) is added to that
   81  section, and present subsection (2) of that section is amended,
   82  to read:
   83         627.6385 Disclosures to policyholders; calculations of cost
   84  sharing.—
   85         (2)Each health insurer issuing, delivering, or renewing a
   86  policy in this state which provides prescription drug coverage,
   87  regardless of whether the prescription drug benefits are
   88  administered or managed by the health insurer or by a pharmacy
   89  benefits manager on behalf of the health insurer, shall disclose
   90  on its website that any amount paid by a policyholder or by
   91  another person on behalf of the policyholder must be applied
   92  toward the policyholder’s total contribution to any cost-sharing
   93  requirement pursuant to s. 627.6383. This subsection applies to
   94  any policy issued, delivered, or renewed in this state on or
   95  after January 1, 2023.
   96         (3)(2) Each health insurer shall include in every policy
   97  delivered or issued for delivery to any person in this the state
   98  or in materials provided as required by s. 627.64725 a notice
   99  that the information required by this section is available
  100  electronically and the website address of the website where the
  101  information can be accessed. In addition, each health insurer
  102  issuing, delivering, or renewing a policy in this state which
  103  provides prescription drug coverage, regardless of whether the
  104  prescription drug benefits are administered or managed by the
  105  health insurer or by a pharmacy benefits manager on behalf of
  106  the health insurer, shall include in every policy that is
  107  issued, delivered, or renewed to any person in this state on or
  108  after January 1, 2023, the disclosure that any amount paid by a
  109  policyholder or by another person on behalf of the policyholder
  110  must be applied toward the policyholder’s total contribution to
  111  any cost-sharing requirement pursuant to s. 627.6383.
  112         Section 3. Paragraph (c) is added to subsection (2) of
  113  section 627.64741, Florida Statutes, to read:
  114         627.64741 Pharmacy benefit manager contracts.—
  115         (2) A contract between a health insurer and a pharmacy
  116  benefit manager must require that the pharmacy benefit manager:
  117         (c)1.Apply any amount paid by an insured or by another
  118  person on behalf of the insured toward the insured’s total
  119  contribution to any cost-sharing requirement pursuant to s.
  120  627.6383. This subparagraph applies to any insured whose
  121  insurance policy is issued, delivered, or renewed in this state
  122  on or after January 1, 2023.
  123         2.Disclose to every insured whose insurance policy is
  124  issued, delivered, or renewed in this state on or after January
  125  1, 2023, that the pharmacy benefits manager shall apply any
  126  amount paid by the insured or by another person on behalf of the
  127  insured toward the insured’s total contribution to any cost
  128  sharing requirement pursuant to s. 627.6383.
  129         Section 4. Section 627.65715, Florida Statutes, is created
  130  to read:
  131         627.65715Cost-sharing requirements.—
  132         (1)As used in this section, the term “cost-sharing
  133  requirement” means a dollar limit, deductible, copayment,
  134  coinsurance, or any other out-of-pocket expense imposed on an
  135  insured, including, but not limited to, the annual limitation on
  136  cost sharing subject to 42 U.S.C. s. 18022.
  137         (2)(a)Each insurer issuing, delivering, or renewing a
  138  policy in this state which provides prescription drug coverage,
  139  or each pharmacy benefits manager on behalf of such insurer,
  140  shall apply any amount paid by an insured or by another person
  141  on behalf of the insured toward the insured’s total contribution
  142  to any cost-sharing requirement.
  143         (b)The amount paid by or on behalf of the insured which is
  144  applied toward the insured’s total contribution to any cost
  145  sharing requirement under paragraph (a) includes, but is not
  146  limited to, any payment with, or any discount through, financial
  147  assistance, a manufacturer copay card, a product voucher, or any
  148  other reduction in out-of-pocket expenses made by or on behalf
  149  of the insured for a prescription drug.
  150         (3)Each insurer issuing, delivering, or renewing a policy
  151  in this state which provides prescription drug coverage,
  152  regardless of whether the prescription drug benefits are
  153  administered or managed by the insurer or by a pharmacy benefits
  154  manager on behalf of the insurer, shall disclose, on its website
  155  and in every policy issued, delivered, or renewed in this state
  156  on or after January 1, 2023, that any amount paid by an insured
  157  or by another person on behalf of the insured must be applied
  158  toward the insured’s total contribution to any cost-sharing
  159  requirement.
  160         (4)This section applies to any group health insurance
  161  policy issued, delivered, or renewed in this state on or after
  162  January 1, 2023.
  163         Section 5. Paragraph (c) is added to subsection (2) of
  164  section 627.6572, Florida Statutes, to read:
  165         627.6572 Pharmacy benefit manager contracts.—
  166         (2) A contract between a health insurer and a pharmacy
  167  benefit manager must require that the pharmacy benefit manager:
  168         (c)1.Apply any amount paid by an insured or by another
  169  person on behalf of the insured toward the insured’s total
  170  contribution to any cost-sharing requirement pursuant to s.
  171  627.65715. This subparagraph applies to any insured whose
  172  insurance policy is issued, delivered, or renewed in this state
  173  on or after January 1, 2023.
  174         2.Disclose to every insured whose insurance policy is
  175  issued, delivered, or renewed in this state on or after January
  176  1, 2023, that the pharmacy benefits manager shall apply any
  177  amount paid by the insured or by another person on behalf of the
  178  insured toward the insured’s total contribution to any cost
  179  sharing requirement pursuant to s. 627.65715.
  180         Section 6. Paragraph (e) of subsection (5) of section
  181  627.6699, Florida Statutes, is amended to read:
  182         627.6699 Employee Health Care Access Act.—
  183         (5) AVAILABILITY OF COVERAGE.—
  184         (e) All health benefit plans issued under this section must
  185  comply with the following conditions:
  186         1. For employers who have fewer than two employees, a late
  187  enrollee may be excluded from coverage for no longer than 24
  188  months if he or she was not covered by creditable coverage
  189  continually to a date not more than 63 days before the effective
  190  date of his or her new coverage.
  191         2. Any requirement used by a small employer carrier in
  192  determining whether to provide coverage to a small employer
  193  group, including requirements for minimum participation of
  194  eligible employees and minimum employer contributions, must be
  195  applied uniformly among all small employer groups having the
  196  same number of eligible employees applying for coverage or
  197  receiving coverage from the small employer carrier, except that
  198  a small employer carrier that participates in, administers, or
  199  issues health benefits pursuant to s. 381.0406 which do not
  200  include a preexisting condition exclusion may require as a
  201  condition of offering such benefits that the employer has had no
  202  health insurance coverage for its employees for a period of at
  203  least 6 months. A small employer carrier may vary application of
  204  minimum participation requirements and minimum employer
  205  contribution requirements only by the size of the small employer
  206  group.
  207         3. In applying minimum participation requirements with
  208  respect to a small employer, a small employer carrier may shall
  209  not consider as an eligible employee employees or dependents who
  210  have qualifying existing coverage in an employer-based group
  211  insurance plan or an ERISA qualified self-insurance plan in
  212  determining whether the applicable percentage of participation
  213  is met. However, a small employer carrier may count eligible
  214  employees and dependents who have coverage under another health
  215  plan that is sponsored by that employer.
  216         4. A small employer carrier may shall not increase any
  217  requirement for minimum employee participation or any
  218  requirement for minimum employer contribution applicable to a
  219  small employer at any time after the small employer has been
  220  accepted for coverage, unless the employer size has changed, in
  221  which case the small employer carrier may apply the requirements
  222  that are applicable to the new group size.
  223         5. If a small employer carrier offers coverage to a small
  224  employer, it must offer coverage to all the small employer’s
  225  eligible employees and their dependents. A small employer
  226  carrier may not offer coverage limited to certain persons in a
  227  group or to part of a group, except with respect to late
  228  enrollees.
  229         6. A small employer carrier may not modify any health
  230  benefit plan issued to a small employer with respect to a small
  231  employer or any eligible employee or dependent through riders,
  232  endorsements, or otherwise to restrict or exclude coverage for
  233  certain diseases or medical conditions otherwise covered by the
  234  health benefit plan.
  235         7. An initial enrollment period of at least 30 days must be
  236  provided. An annual 30-day open enrollment period must be
  237  offered to each small employer’s eligible employees and their
  238  dependents. A small employer carrier must provide special
  239  enrollment periods as required by s. 627.65615.
  240         8.A small employer carrier shall comply with s. 627.65715
  241  with respect to contribution to cost-sharing requirements, as
  242  defined in that section.
  243         Section 7. Subsection (48) is added to section 641.31,
  244  Florida Statutes, to read:
  245         641.31 Health maintenance contracts.—
  246         (48)(a)As used in this subsection, the term “cost-sharing
  247  requirement” means a dollar limit, deductible, copayment,
  248  coinsurance, or any other out-of-pocket expense imposed on a
  249  subscriber, including, but not limited to, the annual limitation
  250  on cost sharing subject to 42 U.S.C. s. 18022.
  251         (b)1. Each health maintenance organization issuing,
  252  delivering, or renewing a health maintenance contract or
  253  certificate in this state which provides prescription drug
  254  coverage, or each pharmacy benefits manager on behalf of such
  255  health maintenance organization, shall apply any amount paid by
  256  a subscriber or by another person on behalf of the subscriber
  257  toward the subscriber’s total contribution to any cost-sharing
  258  requirement.
  259         2. The amount paid by or on behalf of the subscriber which
  260  is applied toward the subscriber’s total contribution to any
  261  cost-sharing requirement under subparagraph 1. includes, but is
  262  not limited to, any payment with, or any discount through,
  263  financial assistance, a manufacturer copay card, a product
  264  voucher, or any other reduction in out-of-pocket expenses made
  265  by or on behalf of the subscriber for a prescription drug.
  266         (c) Each health maintenance organization issuing,
  267  delivering, or renewing a health maintenance contract or
  268  certificate in this state which provides prescription drug
  269  coverage, regardless of whether the prescription drug benefits
  270  are administered or managed by the health maintenance
  271  organization or by a pharmacy benefits manager on behalf of the
  272  health maintenance organization, shall disclose, on its website
  273  and in every subscriber’s health maintenance contract,
  274  certificate, or member handbook issued, delivered, or renewed in
  275  this state on or after January 1, 2023, that any amount paid by
  276  a subscriber or by another person on behalf of the subscriber
  277  must be applied toward the subscriber’s total contribution to
  278  any cost-sharing requirement.
  279         (d) This subsection applies to any health maintenance
  280  contract or certificate issued, delivered, or renewed in this
  281  state on or after January 1, 2023.
  282         Section 8. Paragraph (c) is added to subsection (2) of
  283  section 641.314, Florida Statutes, to read:
  284         641.314 Pharmacy benefit manager contracts.—
  285         (2) A contract between a health maintenance organization
  286  and a pharmacy benefit manager must require that the pharmacy
  287  benefit manager:
  288         (c)1. Apply any amount paid by a subscriber or by another
  289  person on behalf of the subscriber toward the subscriber’s total
  290  contribution to any cost-sharing requirement pursuant to s.
  291  641.31(48). This subparagraph applies to any subscriber whose
  292  health maintenance contract or certificate is issued, delivered,
  293  or renewed in this state on or after January 1, 2023.
  294         2. Disclose to every subscriber whose health maintenance
  295  contract or certificate is issued, delivered, or renewed in this
  296  state on or after January 1, 2023, that the pharmacy benefits
  297  manager shall apply any amount paid by the subscriber or by
  298  another person on behalf of the subscriber toward the
  299  subscriber’s total contribution to any cost-sharing requirement
  300  pursuant to s. 641.31(48).
  301         Section 9. Paragraph (o) of subsection (2) of section
  302  409.967, Florida Statutes, is amended to read:
  303         409.967 Managed care plan accountability.—
  304         (2) The agency shall establish such contract requirements
  305  as are necessary for the operation of the statewide managed care
  306  program. In addition to any other provisions the agency may deem
  307  necessary, the contract must require:
  308         (o) Transparency.—Managed care plans shall comply with ss.
  309  627.6385(4) and 641.54(7) ss. 627.6385(3) and 641.54(7).
  310         Section 10. Paragraph (k) of subsection (1) of section
  311  641.185, Florida Statutes, is amended to read:
  312         641.185 Health maintenance organization subscriber
  313  protections.—
  314         (1) With respect to the provisions of this part and part
  315  III, the principles expressed in the following statements serve
  316  as standards to be followed by the commission, the office, the
  317  department, and the Agency for Health Care Administration in
  318  exercising their powers and duties, in exercising administrative
  319  discretion, in administrative interpretations of the law, in
  320  enforcing its provisions, and in adopting rules:
  321         (k) A health maintenance organization subscriber shall be
  322  given a copy of the applicable health maintenance contract,
  323  certificate, or member handbook specifying: all the provisions,
  324  disclosure, and limitations required pursuant to s. 641.31(1),
  325  and (4), and (48); the covered services, including those
  326  services, medical conditions, and provider types specified in
  327  ss. 641.31, 641.31094, 641.31095, 641.31096, 641.51(11), and
  328  641.513; and where and in what manner services may be obtained
  329  pursuant to s. 641.31(4).
  330         Section 11. The Legislature finds that this act fulfills an
  331  important state interest.
  332         Section 12. This act shall take effect July 1, 2022.