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2020 Legisalative Update, Test and Treat Press Conference, Reglate PBM Rally

Jan 26, 2020 | Latest News

Legislative Update 2020

The Florida Legislature has completed its second week of work and has been reviewing a number of health care bills that are of interest to pharmacy. Below we have a brief chart of the issues that will provide for you a quick update on what is pending.

SB1338 by Wright Authorizes OIR to regulate PBMs and requires certain reports

On Banking and Insurance Committee Agenda
Tuesday, January 28th – 4:00 pm – 6:00 pm
412 Knott Building

HB961 by Toledo Includes comprehensive public policy regulating pharmacy benefit managers Support
PCB HMR 20-02 by Andrade Creates a reporting requirement of PBMs, HMOs and health insurers

Passed House Health Market Reform Committee

Does not resolve issues with PBMs
HB599 by A Rodriguez

SB1094 by Diaz

Allows for consultant pharmacists to perform advance practice services under a collaborative practice agreement.

Passed House Health Quality Subcommittee

HB389 by Sirois

SB714 by Hutson

Testing and treating by pharmacists of influenza and streptococcus

Passed 2 House committees

HB743 by Plakon

SB1080 by Perry

Revises F.S. 456.44 that requires informing patients of availability of nonopioid alternatives

Passed House Health Quality Subcommittee;

On House Health Care Appropriations Subcommittee agenda
Tuesday, Jan 28th – 12:00 pm – 3:00 pm
404 House Office Building

Passed Senate Health Policy

On Senate Judiciary Committee Agenda
Tuesday, January 28th – 4:00 pm -6:00 pm
110 Senate Office Building

HB1147 by Payne

SB1882 by Lee

Requires requests for patient records to be presented within 14 days.

Passed House Health Care Quality Committee

On House Health Care Appropriations Committee agenda
Tuesday, Jan 28th – 12:00 pm – 3:00 pm
404 House Office Building

SB1020 by Bean

HB559 by Byrd

Allows for formulary system in nursing homes. Allows pharmacists to therapeutically substitute medications in nursing homes

Passed Senate Heath Policy

On Senate Appropriations Subcommittee on Health and Human Services Agenda
Tuesday, Jan 28th – 11:00 am – 1:00 pm
Room 412 Knott Building (also)
Wed, Jan 29th – 11:00 am – 12:30 pm
Room 412 Knott Building

Passed Health Market Reform Subcommittee

SB120 by Pizzo

HB331 by Geller

Allows for the administration of naloxone by school personnel under protocol agreement

Passed Senate Education Committee

On Senate Health Policy Committee Agenda
Tuesday, Jan 28th – 1:30 pm – 3:30 pm
Room 412 Knott Building

SB356 by Hutson

HB115 by Duran & Others

Prohibits state authority from denying license, refusing to renew license, or suspending or revoking license on basis of delinquency or default in payment of his or her student loan.

Passed all committees and is on the House Floor

Passed all committees and is on the Senate floor

HB59 by Willhite

SB708 by Hutson

Authorizes community pharmacies to deploy automated pharmacy systems

Passed 2 of 3 committees in the House

Passed 1 of 3 committees in the Senate

SB58 by Book

HB177 by Yarborough & Duran

Allows for the dispensing of drugs donated by hospices, hospitals, pharmacies, drug manufacturers, wholesalers, medical device manufacturers and prescribing individuals

Passed all committees in the House

Passed 2 of 3 committees in the Senate

SB116 by Cruz

HB109 by Duran and Casello

Requires individual and group health insurance policies, respectively, to cap an insured’s monthly cost-sharing obligation

Passed one of 3 committees in the Senate

HB1103 by Mariano

SB1830 by Baxley

Revision of mandatory electronic prescribing laws

Passed one of 2 committees in the House




FPA Press Conference on
Test and Treat

The Florida Pharmacy Association participated in a press conference last week promoting and supporting changes to the pharmacy practice act that allows for testing and treating of patients for influenza and streptococcus.  The House bill has moved through 2 committees with one more to go.  The Senate version has not been placed on its first committee meeting agenda yet.  The CDC estimates that between October 2018 and May 2019 there have been 36,400 – 61,200 flu deaths and 17.3 Million – 20.1 Million flu medical visits. Diagnosing and treating influenza within 48 hours of the onset of flu-like symptoms can shorten the duration and severity of the illness.

ACTION ITEM HOUSE: Members of the House Health and Human Services Committee should be asked to hear and support Representative Sirois’ HB389.

ACTION ITEM SENATE: Members should ask for members of the Senate Health Policy Committee hear and support SB714 sponsored by Senator Hutson.

130th Annual FPA Meeting and Convention
J. W. Marriott
Marco Island, Florida
July 9 – 12, 2020


Pharmacy Rally on PBMs

Pharmacy advocates stormed the Florida Capitol calling for action on PBMs.  Current efforts by the legislature include a bill on the House side that imposes reporting requirements that must be included in contracts between PBMs and health insurers and HMOs (PCB HMR 20-02).  The House version needs elements added to it from HB961.  The proposal on the Senate side is sponsored by Senator Tom Wright and gives some authority to the Florida Office of Insurance Regulation some authority to require reporting on certain information from HMOs, health insurers and PBMs.  It appears that these two vehicles will be where our PBM advocacy is going to be focused.  Clearly the rally advocates favored HB961 sponsored by Representative Jackie Toledo which contains a comprehensive framework of regulatory policy on PBMs.

ACTION ITEM SENATE:  The call to membership is to ask members of the Senate Banking and Insurance Committee, Senate Appropriations Committee on Health and Human Services and the Senate Appropriations Committee to take further steps to address problems in the PBM marketplace.

ACTION ITEM HOUSE:  With passage of PCB HMR 20-02 we are not sure where this issue’s next step will be however members should consider reaching out to your legislator to talk about how the PBM industry is affecting your pharmacy.  It is very likely that this issue may go directly to the House floor so your conversation needs to be with all 120 members of the Florida House.

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