Florida Law Reminder for Early Prescription Refills

Florida Law Reminder for Early Prescription Refills


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 health
entities must comply with the provisions of section 252.358, Florida Statutes, which allows for
early prescription refills in the event that the Governor issues an Executive Order declaring a
State of Emergency or when a county Emergency Operations Center (EOC) is activated. This
mandate remains in effect until the Governor’s Executive Order is rescinded or expires. See
below 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 of
    Insurance Regulation and provide prescription medication coverage as part of a policy or
    contract shall waive time restrictions on prescription medication refills, which include
    suspension of electronic “refill too soon” edits to pharmacies, to enable insureds or
    subscribers 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 any
    prescription medication, regardless of the date upon which the prescription had most
    recently 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 the
    Governor; or
    (c) Has activated its emergency operations center and its emergency management
    (2) The prescription medication refill is requested within 30 days after the origination
    date of the conditions stated in this section or until such conditions are terminated by
    the issuing authority or no longer exist. The time period for the waiver of prescription
    medication refills may be extended in 15- or 30-day increments by emergency orders
    issued 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.

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

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