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Corporate Educational Advocacy Roundtable

CRT Legislative Update, Week 4 February 7, 2022  Paul D. Seltzer, DO, Legislative Chair Stephen R. Winn, ED Michelle W. Larson, Assoc. ED Jason D. Winn, Esq.

Summary As we approach the halfway point of the 2022 Legislative Session, legislators continue their rapid pace, passing thirty-eight bills relating to health care last week.  Moving into the second half of the session, the focus will slightly shift away from the policy as legislators ramp up efforts to complete their respective House and Senate budget proposals, positioning their plans for a budget conference.   Last week the House and Senate released their perspective budgets for FY 2022-23.  The House’s plan totals $105.3 billion, representing a 3.6% increase over FY-2021-22. Not to be outdone, the Senate budget plan totals $108.6 billion, allocating $3.3 billion above the House.   . Bills not heard in their first committee of reference will face an uphill climb as subcommittees begin to wind down their business, shifting the process to the full committees.  The FOMA’s legislative team will keep you apprised as events unfold and legislators jockey to position their priorities in the second half of the session.

Steve Winn testifies in Committee Steve Winn, Senator Gruters & Jason D. Winn, Esq.

Step-Therapy The Senate Banking and Insurance Committee unanimously passed SB 730 relating to Step-Therapy.    As drafted, 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 two committees of reference remaining, Senate Health Policy and 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

Pharmacy Benefit Manager Regulation This week, the House and Senate plan to enhance accountability for pharmacy benefit managers (PBM) unanimously passed out of committee.  HB 357 and SB 1476 provide 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. This legislation 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.   The bills also allow pharmacies to appeal audit findings through AHCA’s Dispute Resolution Program.  In addition, the bills establish a financial penalty for PBMs failing to register with OIR.  Finally, the measures provide 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. SB  1476 has two remaining committees of reference, the Senate Appropriations Subcommittee on Agriculture, Environment, and General Government, and the Senate full Appropriations Committee. HB 357 has passed all committees of reference and is awaiting review by the full House of Representatives.    HB 0357 Pharmacies and Pharmacy Benefit Managers by Toledo SB 1476 Prescription Drug Coverage by Wright

Rep. Toledo Sen. Wright

Patient Care in Health Care Facilites The House Health & Human Services Committee unanimously passed HB 469 relating to patient care in health care facilities. As amended, the bill revises certain provisions relating to the administration of medications. These revisions include: Allowing home health aides and CNAs to perform additional tasks in assisting patients with self-administration of medication to create consistency.   Expanding the duties, a nurse may delegate to a home health aide or CNA to include administering an insulin syringe prefilled with the proper dosage by a pharmacist or an insulin pen that the manufacturer prefills. HB 469 has passed all committees of reference and is awaiting the consideration of the full House of Representatives.  The Senate companion, SB 718, has passed out of the Senate Health Policy Committee and has two stops remaining, Senate Appropriations and the Senate Rules Committee.   HB 0469 Patient Care in Health Care Facilities by Trabulsy SB 0718 Provision of Health Care by Bradley

Rep. Trablulsy Sen. Bradley

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 5

In the News

Florida Senate passes a measure allowing schools to... The Florida Senate on Thursday passed a bill authorizing schools to the stock naloxone, a medicine used to counteract an opioid overdose. The bill would allow naloxone to be administered by school staff trained to recognize an opioid overdose. A... Read more health.wusf.usf.edu

Over-the-counter COVID tests will soon be free for... Medicare and Medicare Advantage recipients will be eligible for free over-the-counter COVID-19 tests beginning in early spring, the Biden administration announced on Thursday. The plan will allow for up to eight tests a month, the Centers for... Read more health.wusf.usf.edu

The Pfizer vax could soon be available for kids under 5. ... A St. Petersburg hospital leader is urging families to prepare as federal health officials weigh whether to allow children younger than five to get COVID-19 vaccines. Pfizer and its partner BioNTech submitted data on Tuesday to the U.S. Food and... Read more health.wusf.usf.edu

Here's what physicians have learned about long-term... The Florida Department of Health reports new cases of COVID-19 each day, and researchers are finding that more and more people are experiencing long-term conditions following their recovery from COVID-19, which include fatigue, brain fog and... Read more health.wusf.usf.edu