Bill Text: FL S1362 | 2025 | Regular Session | Introduced
Bill Title: Claims for Adverse Reactions to Vaccines and Drugs Under the Medicare, Medicaid, and Medically Needy Programs
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-02-26 - Filed [S1362 Detail]
Download: Florida-2025-S1362-Introduced.html
Florida Senate - 2025 SB 1362
By Senator Garcia
36-01168A-25 20251362__
1 A bill to be entitled
2 An act relating to claims for adverse reactions to
3 vaccines and drugs under the Medicare, Medicaid, and
4 medically needy programs; providing a short title;
5 creating s. 409.9043, F.S.; requiring the Agency for
6 Health Care Administration to expedite the review and
7 payment process for claims related to adverse
8 reactions to vaccines, immunizing agents, and
9 emergency countermeasure drugs under the Medicare,
10 Medicaid, and Medicaid medically needy programs;
11 requiring the agency to publish certain information on
12 its website; requiring the agency to seek federal
13 approval for a specified purpose under certain
14 circumstances and to adopt rules; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. This act may be cited as “Cody’s Law: Florida No
20 Vaccine-Injured Patient Left Behind.”
21 Section 2. Section 409.9043, Florida Statutes, is created
22 to read:
23 409.9043 Claims for adverse reactions to vaccines,
24 immunizing agents, and emergency countermeasure drugs under the
25 Medicare, Medicaid, and medically needy programs.—
26 (1) The Agency for Health Care Administration shall, under
27 the Medicare program, the Medicaid program, and the Medicaid
28 medically needy program, expedite the review and payment process
29 for a claim in which the physician has diagnosed a severe,
30 debilitating, life-threatening, or lifelong injury caused by the
31 administration of a vaccine or other immunizing agent or an
32 adverse reaction to an emergency countermeasure drug if the
33 vaccine, immunizing agent, or emergency countermeasure drug is
34 recommended by the United States Food and Drug Administration or
35 the Department of Health of this state.
36 (2)(a) The agency shall publish on its website:
37 1. A list of medical conditions related to a vaccine,
38 immunizing agent, or emergency countermeasure drug for the
39 expedited claims described in subsection (1).
40 2. A list of potential adverse reactions found in the
41 manufacturer’s product insert of a vaccine, immunizing agent, or
42 emergency countermeasure drug which are deemed critical, severe,
43 or temporarily or permanently disabling by the agency or the
44 physicians who make the diagnoses in the claims described in
45 subsection (1).
46 3. Any new medical condition related to a vaccine,
47 immunizing agent, or emergency countermeasure drug which arises.
48 4. Any future vaccine, immunizing agent, or emergency
49 countermeasure drug or treatment deemed appropriate by the
50 agency or by the physicians who make the diagnoses in the claims
51 described in subsection (1).
52 (b) The agency shall also inform its website visitors of
53 the content of this section, including the requirements under
54 subsection (1), so that physicians or other health care
55 providers may best serve patients who have urgent medical needs
56 as a result of an injury caused by the administration of a
57 vaccine or other immunizing agent or an adverse reaction to an
58 emergency countermeasure drug.
59 (3) The agency shall seek federal approval, if necessary,
60 to implement this section and shall adopt rules to administer
61 this section.
62 Section 3. This act shall take effect July 1, 2025.
