(1) As used in this section, the term:
(a) “Maximum allowable cost” means the per-unit amount that a pharmacy benefit manager reimburses a pharmacist for a prescription drug, excluding dispensing fees, prior to the application of copayments, coinsurance, and other cost-sharing charges, if any.
(b) “Pharmacy benefit manager” means a person or entity doing business in this state which contracts to administer or manage prescription drug benefits on behalf of a health insurer to residents of this state.
(2) A contract between a health insurer and a pharmacy benefit manager must require that the pharmacy benefit manager:
(a) Update maximum allowable cost pricing information at least every 7 calendar days.
(b) Maintain a process that will, in a timely manner, eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data used in formulating maximum allowable cost prices and product availability.
(3) A contract between a health insurer and a pharmacy benefit manager must prohibit the pharmacy benefit manager from limiting a pharmacist’s ability to disclose whether the cost-sharing obligation exceeds the retail price for a covered prescription drug, and the availability of a more affordable alternative drug, pursuant to s. 465.0244.
(4) A contract between a health insurer and a pharmacy benefit manager must prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug at the point of sale in an amount that exceeds the lesser of:
(a) The applicable cost-sharing amount; or
(b) The retail price of the drug in the absence of prescription drug coverage.
(5) This section applies to contracts entered into or renewed on or after July 1, 2018.
History.—s. 5, ch. 2018-91.
Structure Florida Statutes
Chapter 627 - Insurance Rates and Contracts
Part VII - Group, Blanket, and Franchise Health Insurance Policies (Ss. 627.651-627.66997)
627.651 - Group contracts and plans of self-insurance must meet group requirements.
627.6512 - Exemption of certain group health insurance policies.
627.6515 - Out-of-state groups.
627.652 - Group health insurance; definitions.
627.6525 - Short-term health insurance.
627.654 - Labor union, association, and small employer health alliance groups.
627.6551 - Teacher and student groups.
627.6561 - Preexisting conditions.
627.65612 - Limit on preexisting conditions.
627.65615 - Special enrollment periods.
627.6562 - Dependent coverage.
627.65626 - Insurance rebates for healthy lifestyles.
627.6563 - Full-time employment defined.
627.657 - Provisions of group health insurance policies.
627.6571 - Guaranteed renewability of coverage.
627.6572 - Pharmacy benefit manager contracts.
627.65735 - Nondiscrimination of coverage for surgical procedures.
627.65736 - Coverage for organ transplants.
627.65745 - Diabetes treatment services.
627.6575 - Coverage for newborn children.
627.65755 - Dental procedures; anesthesia and hospitalization coverage.
627.6579 - Coverage for child health supervision services.
627.658 - Use of dividends, refunds, rate reductions, commissions, service fees; premium rates.
627.659 - Blanket health insurance; eligible groups.
627.660 - Conditions and provisions of blanket health insurance policies.
627.661 - School accident insurance claims; policy service.
627.6612 - Coverage for surgical procedures and devices incident to mastectomy.
627.66121 - Coverage for length of stay and outpatient postsurgical care.
627.66122 - Requirements with respect to breast cancer and routine followup care.
627.6613 - Coverage for mammograms.
627.6615 - Children with disabilities; continuation of coverage under group policy.
627.6616 - Coverage for ambulatory surgical center service.
627.6617 - Coverage for home health care services.
627.6618 - Payment of acupuncture benefits to certified acupuncturists.
627.662 - Other provisions applicable.
627.6621 - Advanced practice registered nurse services.
627.663 - Franchise health insurance.
627.664 - Assignment of incidents of ownership in group, blanket, or franchise health policies.
627.6645 - Notification of cancellation, expiration, nonrenewal, or change in rates.
627.6646 - Cancellation or nonrenewal prohibited.
627.6648 - Shared savings incentive program.
627.667 - Extension of benefits.
627.6675 - Conversion on termination of eligibility.
627.668 - Optional coverage for mental and nervous disorders required; exception.
627.6686 - Coverage for individuals with autism spectrum disorder required; exception.
627.669 - Optional coverage required for substance abuse impaired persons; exception.
627.6691 - Coverage for osteoporosis screening, diagnosis, treatment, and management.
627.66911 - Required coverage for cleft lip and cleft palate.
627.6692 - Florida Health Insurance Coverage Continuation Act.
627.6699 - Employee Health Care Access Act.
627.66996 - Restrictions on use of state and federal funds for state exchanges.