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Florida Law Reminder for Early Prescription Refills

Florida Law Reminder for Early Prescription Refills

DECLARATION OF EMERGENCY BY GOVERNOR

from: Division of Emergency Preparedness and Community Support (09/05/2017)

This notice is a reminder that all health insurers, managed care organizations and other healthentities must comply with the provisions of section 252.358, Florida Statutes, which allows forearly prescription refills in the event that the Governor issues an Executive Order declaring aState of Emergency or when a county Emergency Operations Center (EOC) is activated. Thismandate remains in effect until the Governor’s Executive Order is rescinded or expires. Seebelow for reference materials:

Florida Statute language:252.358 Emergency-preparedness prescription medication refills.—All health insurers,managed care organizations, and other entities that are licensed by the Office ofInsurance Regulation and provide prescription medication coverage as part of a policy orcontract shall waive time restrictions on prescription medication refills, which includesuspension of electronic “refill too soon” edits to pharmacies, to enable insureds orsubscribers to refill prescriptions in advance, if there are authorized refills remaining,and shall authorize payment to pharmacies for at least a 30-day supply of anyprescription medication, regardless of the date upon which the prescription had mostrecently been filled by a pharmacist, when the following conditions occur:(1) The person seeking the prescription medication refill resides in a county that:(a) Is under a hurricane warning issued by the National Weather Service;(b) Is declared to be under a state of emergency in an executive order issued by theGovernor; or(c) Has activated its emergency operations center and its emergency managementplan.(2) The prescription medication refill is requested within 30 days after the originationdate of the conditions stated in this section or until such conditions are terminated bythe issuing authority or no longer exist. The time period for the waiver of prescriptionmedication refills may be extended in 15- or 30-day increments by emergency ordersissued by the Office of Insurance Regulation.

This section does not excuse or exempt an insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage. This section takes effect July 1, 2006.

The Governor has issued an emergency order for all counties and many counties have activated their EOC’s.

PLEASE BE GOVERNED ACCORDINGLYFor questions, please contact Joe Erhart at (850) 413-5066 or by email at joe.erhart@floir.com.

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