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Corporate Educational Advocacy Roundtable

Legislative Update, Week 5 February 12, 2022  Paul D. Seltzer, DO, Legislative Chair Stephen R. Winn, ED Michelle W. Larson, Assoc. ED Jason D. Winn, Esq.

Summary We have officially crossed the halfway mark of the 2022 Legislative Session. The House and Senate released their initial budget recommendations, finalizing the steps necessary to position the bills for the budget conference.  The Senate plan appropriates record funding totaling $108.6 billion, $3.3 billion higher than the House plan. More conservative in its approach, the House budget offers record funding, totaling $105.3 billion, a 3.6% increase over FY-2021-22.  Due to adjusted state income projections, both plans are significantly above the Governor’s recommended FY 2022-23 budget totaling $99.7.

Steve Winn, Senate President Wilton Simpson & Jason D. Winn, Esq.

The House Health & Human Services budget totals $47.09 billion, $733 million below the Senate’s plan totaling $47.8 billion.   Differences between the plans are partially due to the House proposal’s reductions in hospital inpatient and outpatient rates totaling $251.9 million. Under the House plan, these funds are reallocated to support programs addressing nursing shortages.   The House and Senate budgets provide $15 million in recurring dollars to fund the Canadian Prescription Drug Importation Program.  This appropriation authorizes AHCA to purchase drugs in accordance with the programmatic requirements.    Both plans authorize the transfer of funds to the ACHA from the Department of Health, the Department of Children & Families, the Agency for Persons with Disabilities, and the Department of Corrections to purchase prescription drugs through the importation program. Identical funding in both budgets is provided for drugs, vaccines, and other biologicals totaling $183.4 million. These funds are contingent on state matching fund requirements under the federal Ryan White grant award.  The plans also allocate $5 million to the Department of Health to purchase emergency opioid antagonists for first responders.    The House and Senate plan also provide proviso relating to the State Employees’ Prescription Drug Program.  Under the proposals, employees are incentivized to change from brand-name drugs to generic drugs, authorizing the department to waive co-payments for a six-month supply of a generic statin or a generic proton pump inhibitor. In addition, the proviso provides for coverage of smoking cessation prescription drugs; however, members shall be responsible for appropriate co-payments and deductibles when applicable. This week, the Senate Apportions Committee adopted its budget conforming bill for health, SB 2525.  The bill contains a provision repealing the statute relating to MyFloridaRx.  This program, established in 2005, requires AHCA to publish data on retail prices for the 300 most frequently prescribed medicines from pharmacies licensed within the state.

Step-Therapy Legislation revising provisions relating to Step-Therapy and expanding access-to-care cleared another hurdle this week, as the Senate Health Policy Committee unanimously passed SB 730.  The bill requires an insurer or HMO granting a protocol exemption to specify the prescription drug, medical procedure, or course of treatment approved. Alternatively, an insurer or HMO denying a protocol exemption request must provide a written explanation of the denial, including the clinical rationale supporting the denial. The written description must also describe the procedure for appealing the determination by the insurer or HMO. SB 730 has one committee of reference remaining, the Senate Rules Committee. The House companion, HB 459, has passed all committees of reference.  SB 0730 Step-therapy Protocols by Harrell HB 0459 Step-therapy Protocols by Willhite

Sen. Harell Rep Willhite

Telehealth The Telehealth bills, HB 17 and SB 312, stalled on the House floor due to concerns surrounding the Senate plan’s inclusion of audio-only telephone calls within the definition of telehealth.  Legislators and staff are working on language to resolve the issue.   Both bills would allow a telehealth provider to issue a renewal prescription for Schedule III, IV, and V controlled substances through telehealth.   HB 0017 Telehealth Practice Standards by Fabricio SB 0312 Telehealth by Diaz

Sen. Manny Diaz, Jr. Rep. Fabricio

House and Senate Approve COVID Liability Protection Extension Remaining committed to protecting healthcare providers from potential liability stemming from the pandemic, the House took up and passed SB 7014.  Passing mainly across party lines (Vote 87-31), the bill will be sent to the Governor for his approval.  The bill extends liability protections for healthcare providers for approximately 14 months, from March 29, 2022, to June 1, 2023.   SB 7014 COVID-19-related Claims Against Health Care Providers by Judiciary HB 7021 Covid-19-related Claims Against Health Care Providers by Health & Human Services Committee

Sen. Burgess Rep. Burton

Bill Tracking Report

To review the legislation contained in the tracking report in greater detail: Click on the Bill Number Link.  This will take you to a shared LobbyTools webpage.

Find the section titled Bill Text and Amendments Click on the PDF link

Legislative Calendar Week 6

In the News

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