Bill

Bill > S1166


FL S1166

FL S1166
Insurer Disclosures on Prescription Drug Coverage


summary

Introduced
01/06/2026
In Committee
01/12/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to insurer disclosures on prescription drug coverage; creating s. 627.42394, F.S.; requiring individual and group health insurers to provide notice of prescription drug formulary changes within a certain timeframe to current and prospective insureds and the insureds’ treating physicians; specifying requirements for the content of such notice and the manner in which it must be provided; specifying requirements for a notice of medical necessity submitted by the treating physician; authorizing insurers to provide certain means for submitting the notice of medical necessity; requiring the Financial Services Commission to adopt a certain form by rule by a specified date; specifying a coverage requirement and restrictions on coverage modification by insurers receiving a notice of medical necessity; providing construction and applicability; requiring insurers to maintain a record of formulary changes; requiring insurers to annually submit a specified report to the Office of Insurance Regulation by a specified date; requiring the office to annually compile certain data and prepare a report, make the report publicly accessible on its website, and submit the report to the Governor and the Legislature by a specified date; creating s. 627.6383, F.S.; defining the term “cost sharing requirement”; requiring specified individual health insurers and their pharmacy benefit managers to apply payments for prescription drugs by or on behalf of insureds toward the insureds’ total contributions to cost-sharing requirements under certain circumstances; providing construction; requiring specified individual health insurers to maintain records of certain third-party payments for prescription drugs; providing reporting requirements relating to third-party payments for prescription drugs; providing requirements for the reports; providing applicability; amending s. 627.6385, F.S.; providing disclosure requirements relating to a policyholder’s total cost-sharing requirement for prescription drugs; providing applicability; amending s. 627.64741, F.S.; requiring that specified contracts require pharmacy benefit managers to apply payments by or on behalf of insureds toward the insureds’ total contributions to cost-sharing requirements; providing applicability; providing disclosure requirements relating to a policyholder’s total cost-sharing requirement for prescription drugs; creating s. 627.65715, F.S.; defining the term “cost-sharing requirement”; requiring specified group health insurers and their pharmacy benefit managers to apply payments for prescription drugs by or on behalf of insureds toward the insureds’ total contributions to cost-sharing requirements under certain circumstances; providing construction; providing disclosure requirements relating to an insured person’s total cost-sharing requirement for prescription drugs; requiring specified group health insurers to maintain records of certain third-party payments for prescription drugs; providing reporting requirements; providing requirements for the reports; providing applicability; amending s. 627.6572, F.S.; requiring that specified contracts require pharmacy benefit managers to apply payments by or on behalf of insureds toward the insureds’ total contributions to cost sharing requirements; providing applicability; providing disclosure requirements; amending s. 627.6699, F.S.; requiring small employer carriers to comply with certain requirements for prescription drug formulary changes; amending s. 641.31, F.S.; providing an exception to requirements relating to changes in a health maintenance organization’s group contract; requiring health maintenance organizations to provide notice of prescription drug formulary changes within a certain timeframe to current and prospective subscribers and the subscribers’ treating physicians; specifying requirements for the content of such notice and the manner in which it must be provided; specifying requirements for a notice of medical necessity submitted by the treating physician; authorizing health maintenance organizations to provide certain means for submitting the notice of medical necessity; requiring the commission to adopt a certain form by rule by a specified date; specifying a coverage requirement and restrictions on coverage modification by health maintenance organizations receiving a notice of medical necessity; providing construction and applicability; requiring health maintenance organizations to maintain a record of formulary changes; requiring health maintenance organizations to annually submit a specified report to the office by a specified date; requiring the office to annually compile certain data and prepare a report, make the report publicly accessible on its website, and submit the report to the Governor and the Legislature by a specified date; defining the term “cost-sharing requirement”; requiring specified health maintenance organizations and their pharmacy benefit managers to apply payments for prescription drugs by or on behalf of subscribers toward the subscribers’ total contributions to cost-sharing requirements under certain circumstances; providing construction; providing disclosure requirements relating to the subscriber’s total contributions to cost-sharing requirements; requiring specified health maintenance organizations to maintain records of certain third party payments for prescription drugs; providing reporting requirements; providing requirements for the reports; providing applicability; amending s. 641.314, F.S.; requiring that specified contracts require pharmacy benefit managers to apply payments by or on behalf of subscribers toward the subscribers’ total contributions to cost-sharing requirements; providing applicability; providing disclosure requirements relating to a subscriber’s total cost-sharing requirement for prescription drugs; amending s. 409.967, F.S.; conforming a cross-reference; amending s. 641.185, F.S.; conforming a provision to changes made by the act; providing applicability; providing a declaration of important state interest; providing an effective date.

AI Summary

This bill requires health insurers and health maintenance organizations (HMOs) to provide at least 60 days' notice before changing prescription drug formularies, which are lists of covered drugs, during a policy year, and to notify affected current and prospective insureds and their doctors, with specific requirements for a "notice of medical necessity" from a doctor to continue coverage at the existing level. It also mandates that payments made by or on behalf of insureds for prescription drugs, including those from manufacturer copay cards or discounts, must count towards their "cost-sharing requirement," which refers to out-of-pocket expenses like deductibles, copayments, and coinsurance, and requires insurers to report on these third-party payments. Additionally, the bill mandates disclosures about how these payments are applied to cost-sharing requirements and requires insurers and HMOs to maintain records of formulary changes and submit annual reports on these changes to the Office of Insurance Regulation, which will then compile and publish this data. These provisions are intended to increase transparency and ensure that financial assistance for prescription drugs benefits patients by counting towards their out-of-pocket costs, with most of these changes taking effect on January 1, 2027.

Sponsors (1)

Last Action

Introduced (on 01/13/2026)

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