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CRT Legislative Update, Week 7 |
February 28, 2022
Paul D. Seltzer, DO, Legislative Chair
Stephen R. Winn, ED
Michelle W. Larson, Assoc. ED
Jason D. Winn, Esq.
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Acknowledging the importance of supporting healthcare on the frontlines of a global pandemic, Governor Ron DeSantis signs SB 7014 into law. The bill extends the existing COVID liability protections for approximately 14 months, from March 29, 2022, to June 1, 2023. The FOMA thanks the Governor and the bill sponsors for supporting this vital legislation, recognizing physicians and other healthcare providers committed to providing quality care for Floridians.
With two weeks to go, budget conferees should begin meeting in earnest next week to hammer out their differences on the FY 2022-23 budget. Most legislation will officially die, failing to make it out of committee. Any bill heard in its first committee of reference is eligible to be amended onto other legislation if it’s germane to the viable bill. The FOMA’s legislative team is monitoring all potential vehicles for adverse amendments.
In other news, the Florida Senate confirmed Surgeon General appointee Joseph A. Ladapo, M.D, this week. Democrats opposed Dr. Ladapo’s appointment, citing what they believe to be controversial policies relating to the pandemic. The confirmation was approved along party lines by a 24-15 vote.
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Governor Ron DeSantis
Signs COVID Liability Protections Extension Legislation into Law
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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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Patient protection legislation revising policy relating to step-therapy was heard in both the House and the Senate. HB 459 was considered on 2nd reading by the House. No amendments were filed, and the bill rolled to 3rd reading. The House will likely vote on the measure next week.
The Senate Companion, SB 730, unanimously passed its final committee of reference, the Senate Rules Committee. SB 730 is now eligible for the consideration of the full Senate. We anticipate SB 730 will be placed on the Senate Special Order Calendar soon.
The legislation 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.
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This week, patient-centered legislation relating to pharmacy benefit manages cleared a significant hurdle, unanimously passing HB 357 off the floor of the House, sending the bill to the Senate for its consideration. The Senate companion, SB 1476, is scheduled to be heard next week by its final committee of reference, the Senate Appropriations Committee.
In its current form, HB 357 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.
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After stalling, legislation revising policies relating to telehealth was revived in the House this week. Taking up SB 312 in lieu of HB 17, the House amended SB 312, removing language that would have included audio-only telephone calls within the definition of telehealth.
As amended, the bill unanimously passed the House and is headed back to the Senate for its consideration. In its present form, SB 312 would allow a telehealth provider to issue a renewal prescription for Schedule III, IV, and V controlled substances through telehealth.
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Patient Care / Health Care Facilities |
The House 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 now eligible for Senate Consideration. The Senate companion, SB 718, has one committee remaining, the Senate Rules Committee.
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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 8 |
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Senate signs off on Ladapo as Florida's surgeon general
Senate Republicans on Wednesday approved the nomination of Dr. Joseph Ladapo as Florida Surgeon General amid criticism from Democrats that his opposition to coronavirus mandates is too aligned to the politics of Gov. Ron DeSantis. The...
Read more
health.wusf.usf.edu
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CDC plans to significantly loosen COVID masking guidelines
The Biden administration will significantly loosen federal mask-wearing guidelines and other precautions to protect against COVID-19 transmission on Friday. The changes from the Centers for Disease Control and Prevention were revealed to the...
Read more
health.wusf.usf.edu
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Florida House is ready to consider nursing home staffing ...
The Florida House could be poised to take up a plan that would revamp staffing standards in nursing homes, as a debate continues about whether the changes would result in reduced care for residents.
Read more
health.wusf.usf.edu
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