Florida permits early prescription refills after state declares emergency ahead of Invest 93L

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Governor Ron DeSantis has issued Executive Order 23-171, declaring a state of emergency for multiple counties in Florida as Invest 93L is expected to make landfall. The affected counties include Alachua, Bay, Calhoun, Charlotte, Citrus, Columbia, DeSoto, Dixie, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hardee, Hernando, Hillsborough, Jefferson, Lafayette, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Pasco, Pinellas, Polk, Sarasota, Sumter, Suwannee, Taylor and Wakulla.

The Florida Department of Health is coordinating with emergency managers across the state to prepare for potential impacts on communities. Residents are being advised to ensure they have an adequate supply of prescription medications in case pharmacies become temporarily inaccessible. According to the department: “Under a state of emergency Floridians are permitted to receive early prescription refills regardless of typical limits.”

The Florida Office of Insurance Regulation (OIR) has reminded health insurers and managed care organizations about their obligations under section 252.358 of the Florida Statutes. The OIR stated: “This notice is a reminder that all health insurers managed care organizations and other health entities must comply with provisions of section 252.358 Florida Statutes which allows for early prescription refills in the event the Governor issues an executive order declaring a state of emergency. This mandate remains in effect until the Governor’s executive order is rescinded or expires.”

In line with this law and Executive Order 23-171:

“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:

The person seeking the prescription medication refill resides in a county that:
Is under a hurricane warning issued by the National Weather Service;
Is declared to be under a state of emergency in an executive order issued by the Governor; or
Has activated its emergency operations center and its emergency management plan.

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.”

The Florida Department of Health oversees regulation related to health practitioners for public safety and welfare while providing licensing information and enforcement details through its Licensing and Regulation section.

The OIR is responsible for regulating insurance business activities within Florida and monitoring industry markets. More information can be found at www.floir.com.

The Department holds national accreditation from the Public Health Accreditation Board and works statewide on public health initiatives through coordinated efforts at various government levels. For further updates visit www.FloridaHealth.gov.



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