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CRT Legislative Update, Week 8 |
March 6, 2022
Paul D. Seltzer, DO, Legislative Chair
Stephen R. Winn, ED
Michelle W. Larson, Assoc. ED
Jason D. Winn, Esq.
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Last week, the legislature adopted several healthcare-related bills supported by the FOMA, sending them to the Governor for his consideration. Among the bills passed were SB 534 relating to prescription drugs used in the treatment of Schizophrenia and HB 357 relating to pharmacy benefit managers. The FOMA thanks the bill sponsors and the legislature for adopting this needed patient-centered legislation.
Committees officially concluded business, marking an end for most legislation not making it through the committee process. Some bills may be withdrawn from committee and placed on the calendar or amended onto other viable bills as legislators jockey to get their initiatives across the finish line. The FOMA continues monitoring the process for adverse amendments as the legislature presses to close out the 2022 Legislative Session.
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Congratulations to FOMA President Lee Ann Brown, DO, who was officially installed to lead the organization at the FOMA’s Annual Convention, February 2022, held in Fort Lauderdale.
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Budget conference subcommittees officially concluded business, sending all remaining negotiation points to the full Appropriations Conference Committee chairs. Any issues not resolved early next week will be bumped to the presiding officers for resolution before the required seventy-two-hour legislator review period. We will keep you posted regarding any new developments in the budget process. This is typically the moment within the conference process when new funding items are generated by the big chairs, what insiders sometimes refer to as “the sprinkle.” |
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After falling short in the 2021 session, legislation revising provisions relating to the regulation of pharmacy benefit managers finally crossed the goal line. Last week, the Florida Senate took up and unanimously passed HB 357, sending it to the Governor for his consideration. This patient-centered legislation provides an enforcement mechanism for violations of established PBM audit protections for licensed pharmacies. Under current law, the Board of Pharmacy cannot enforce Pharmacy Act violations committed by PBMs and insurers.
The bill:
- Transfers the audit provisions of the Florida Pharmacy Act to the Florida Insurance Code, granting the Office of Insurance Regulation (OIR) the ability to respond to potential violations;
- Allows pharmacies to appeal audit findings through AHCA’s Dispute Resolution Program. Further, the bill establishes a financial penalty for PBMs failing to register with OIR;
- Provides that a health insurer is responsible for violations of the pharmacy audit provisions, even if a PBM is contracted to manage pharmacy benefits on behalf of the insurer or HMO.
The FOMA Supports this legislation.
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HB 0357 Pharmacies and Pharmacy Benefit Managers by Toledo
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Prescription Drug Treatment Schizophrenia |
Legislation creating an exception from the Florida Medicaid Program step-therapy prior authorization requirements for certain mental health conditions, SB 534, unanimously passed out of both chambers and is on its way to the Governor for his consideration. Prior authorization for the medication must have previously been granted and dispensed to the patient during the previous 12 months to qualify for the exception.
In practice, the pharmacy benefit manager for the Florida Medicaid Fee-for-Service delivery system would review the exception request on behalf of the AHCA. Managed-care plans would process their exceptions. Providers may transmit written medical or clinical documentation by facsimile or submit their requests through the electronic prior authorization system.
The FOMA Supports the Legislation
SB 0534 Prescription Drugs Used in the treatment of Schizophrenia for Medicaid Recipients by Harrell
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Administration of Vaccines |
The Senate amended and passed HB 1209 relating to the administration of vaccines. HB 1209 authorizes qualified Florida-registered pharmacy technicians to administer designated to adults under the supervision of a certified pharmacist. The bill was amended, changing the supervision ratio; one pharmacist to a maximum of five technicians.
Under the measure, pharmacy technicians must become certified before administering authorized immunizations. To become certified, a registered pharmacy technician must complete a certification program approved by the Board, in consultation with the Board of Medicine and the Board of Osteopathic Medicine. The training curriculum must have at least 6 hours of training that, at a minimum, includes instruction on the safe and effective administration of vaccines and potential allergic reactions to such vaccines. Pharmacy technicians must have completed at least two hours of additional continuing education upon registration renewal.
HB 1209 is headed back to the House for its consideration.
HB 1209 Administration of Vaccines by Tuck
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Department of Health Bill |
The Senate amended and unanimously passed SB 768 relating to theDepartment of Health, sending the bill to the House for its consideration. SB 768 addresses certain healthcare-related issues regulated by the Department of Health (DOH).
- Updates the “Targeted Outreach for Pregnant Women Act of 1998”;
- Amends section 381.0303, Florida Statutes., to specify that for pediatric special needs shelters, theDOH is the lead agency to coordinate local medical and health care providers for the staffing and management of the shelters and is the decision-making authority for determining the medical supervision in each special needs shelter;
- Allows the DOH to collect samples of marijuana and marijuana delivery devices, in general, from a medical marijuana treatment center (MMTC) for specified testing, rather than only samples of edibles;
- Expands MMTC recall requirements to all marijuana products and delivery devices, rather than only edibles;
- Provides an exception from criminal laws for the DOH employees to acquire, possess, test, transport, and lawfully dispose of marijuana and marijuana delivery devices;
- Amends statutes regulating several types of health care professions, including allopathic and osteopathic physicians, nurses, midwives, psychologists, orthotists, prosthetists, clinical lab personnel, chiropractors, mental health counselors, clinical social workers, and marriage and family therapists;
- Amends sections 460.406, 468.803, 483.824, and 490.005, Florida Statutes, to delete references to the term “regional” and replace it with the word “institutional” to conform with theU.S. Department of Education accreditation nomenclature for approving healthcare-related educational institutions; and
- Amends section 766.314, Florida Statutes, authorizing the Florida Birth-Related Neurological Injury Compensation Association (NICA) to collect and enforce physician assessments in circuit court, if necessary and requires the NICA to notify the DOH and the appropriate board of any unpaid final judgments against a physician within a specific timeframe.
SB 768 was amended to include language relating to medical marijuana treatment center licensing and medical marijuana compliance testing.
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SB 0768 Department of Health by Rodriguez (A)
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HB 0693 Department of Health by Drake
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Patient Care / Health Care Facilities |
The Senate amended and unanimously passed HB 469, a bill revising home health agency statutes to allow home health aides and CNAs to perform additional tasks in helping patients with self-administration of medication to create consistency. In addition, the bill expands the duties a nurse may delegate to a home health aide or CNA to include administering an insulin syringe that is prefilled with the proper dosage by a pharmacist or an insulin pen prefilled by the manufacturer. HB 469 is in returning messages to the House for its consideration. |
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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.
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- Find the section titled Bill Text and Amendments
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Legislative Calendar Week 9 |
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Florida Senate approves bill to increase oversight of...
The Florida Senate gave final approval Thursday to a bill that would lead to increased oversight of pharmacy benefit managers. Senators voted 36-0 to pass the bill, which also was unanimously approved last week by the House ( HB 357). It is ready ...
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health.wusf.usf.edu
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Seeking to shift costs to Medicare, more employers move...
Private and public employers are increasingly using the government's Medicare Advantage program as an alternative to their existing retiree health plan and traditional Medicare coverage. As a result, the federal government is paying the...
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health.wusf.usf.edu
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COVID cases in Florida plummet as omicron wave continues ...
Coronavirus cases in Florida dropped sharply again along with the positivity rate, as the omicron wave continued its steep decline, according to the state's weekly report issued Friday. Meantime, hospitalizations related to COVID-19 dropped about ...
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health.wusf.usf.edu
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Florida first lady Casey DeSantis is considered...
Florida first lady Casey DeSantis is considered cancer-free following treatment and surgery for breast cancer. Gov. Ron DeSantis made the announcement Thursday. "After going through both treatment and surgery for breast cancer, she is now...
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health.wusf.usf.edu
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