Corporate Educational Advocacy Roundtable |
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Legislative Update, Week 1 |
January 17, 2022
Paul D. Seltzer, DO, Legislative Chair
Stephen R. Winn, ED
Michelle W. Larson, Assoc. ED
Jason D. Winn, Esq.
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Officially kicking off the 2022 Legislative Session, legislators moved quickly on important healthcare initiatives, passing priority healthcare-related bills in the House and the Senate.
Opening the Session, Governor DeSantis delivered his State of the State, primarily focusing on non-pandemic priorities, signaling a move away from COVID toward the new normal. The governor restated his commitment to Florida’s Seniors' First policy and monoclonal antibody treatments regarding the State’s ongoing response to COVID, stating:
“Most recently, we led the nation in raising awareness of and expanding access to monoclonal antibody treatments. This effort has kept thousands of seniors out of the hospital and has saved many lives.”
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Governor DeSantis
Delivers 2022 State of the State
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Steve Winn, FOMA President Marc Kaprow, DO, State Rep. Colonel David Smith, FOMA President-Elect Lee Ann Brown, DO and FOMA Legislative Chair Paul D. Seltzer, DO |
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Pharmacy Benefit Managers |
In a move to enhance accountability for pharmacy benefit managers (PBM), the Finance & Facilities Subcommittee unanimously passed HB 357. Presently, the Florida Pharmacy Act does not provide an enforcement mechanism for violations of established PBM audit protections for licensed pharmacies. While the Board of Pharmacy is tasked with adopting rules, it cannot enforce Pharmacy Act violations committed by PBMs and insurers.
HB 357 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 bill also grants pharmacies the ability to appeal audit findings through AHCA’s Dispute Resolution Program. In addition, the bill establishes a financial penalty for PBMs failing to register with OIR. Finally, HB 357 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.
HB 0357 Pharmacies and Pharmacy Benefit Managers by Toledo
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Both Telehealth bills, SB 312 by Sen. Diaz, and HB 17 by Rep. Fabricio, unanimously passed out of the Senate Rules Committee and House Professions & Public Health Subcommittee – the bills are not identical. The Senate and House plans would allow a telehealth provider to issue a renewal prescription for a controlled substance listed in Schedule III, IV, or V of s. 893.03, F.S., through telehealth. Federal law requires a practitioner to conduct at least one in-person medical evaluation before dispensing a controlled substance to a patient via telehealth.
SB 312 also adds audio-only telephone calls to the definition of Telehealth. This language is not included in HB 17.
SB 312 has passed all committees of reference and will go to the full Senate for its consideration. HB 17 has one committee of reference remaining, the Health & Human Services Committee.
HB 0017 Telehealth Practice Standards by Fabricio
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COVID Liability Protections |
Maintaining their commitment to health care providers within the context of a global pandemic, the House and Senate passed SB 7014 and a House Committee Bill (now listed as HB 7021), extending COVID protections. If passed, the legislation would extend the liability protections for approximately 14 months, from March 29, 2022, to June 1, 2023. Both bills passed along party lines.
SB 7014 has cleared all committees of reference and is headed to the full Senate for its consideration. HB 7021, formerly PCB HHS1, passed out of the House Health & Human Services Committee. No other committees have been assigned to the bill to date. We anticipate that the remaining committee references will be posted over the weekend.
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
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Bill Action Report - Week 1 |
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Bill Tracking Report (All Bills) |
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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 2 |
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Here's how Florida distributes scarce COVID-19 therapy
To manage a scarce COVID-19 therapy in sharp demand among people with weakened immune systems, Florida's health department said on Tuesday that the state distributes the drug, called Evusheld, to medical providers who request supply - based on...
Read more
www.tampabay.com
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Supreme Court ruling puts Florida health care providers...
The U.S. Supreme Court on Thursday blocked enforcement of a vaccine mandate requirement for large employers, handing a win to Gov. Ron DeSantis and other Republicans who had sharply criticized the move by the Joe Biden administration.
Read more
floridapolitics.com
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