The Cancer Treatment Fairness Act, which has worked its way successfully through both chambers, is nevertheless stalled in what may well be the Bermuda Triangle of the legislative process: where two mildly different version of the same bill fail to reconcile before Sine Die. While most members of the legislature believe they have passed this bill, in reality it is no closer to the Governor’s desk than it was two weeks ago.
This important legislation, forwarded by Sen. Lizbeth Benacquisto and Rep. Debbie Mayfield, would ensure that Floridians with cancer could access treatments administered through oral medications no differently than they do for intravenously-administered drugs.
While distinct, differences between the House and Senate versions of this bill are not the type of issues that should be cause for such a stall.
The main difference regards the enactment date. The House language would put the law into effect on January 1, 2015. In contrast the Senate amendment goes into effect on July 1, 2013 but gives plans until January 1, 2014 before they have to implement the main oral treatment cost-sharing requirements of the bill.
While this time difference may seem small to some, one year is a lifetime in the treatment of cancer. During the time between the House and Senate effective dates, roughly 250,000 more Floridians will be diagnosed with cancer. And during this time, a number of new drugs will be developed for oral delivery that will have no equivalent intravenous alternative.
Further, the Senate amendment would cover more people than the House language does because it does not offer various carve-outs that would exempt PPACA Grandfathered health plans, out-of-state policies, small group policies, or policies with IV treatment cost-sharing of $50 or less per month.
According to the House PPACA experts, this bill does not jeopardize the status of Grandfather health plans; and studies and data from the 21 states and DC that have already passed this law indicate the premium impact is no greater than zero to 50 cents per member, per month.
The Senate on Thursday refused to concur with the House language and requested the House to Recede. This back and forth is what’s making this bill vulnerable as we near the end of Session, but when you look at the number of lives the Senate version could positively affect – it’s the clear winner.
