Bill Text: FL S1798 | 2025 | Regular Session | Introduced

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Bill Title: Health Care During a Declared Emergency

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-28 - Filed [S1798 Detail]

Download: Florida-2025-S1798-Introduced.html

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       Florida Senate - 2025                                    SB 1798
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01393-25                                           20251798__
    1                        A bill to be entitled                      
    2         An act relating to health care during a declared
    3         emergency; amending s. 252.358, F.S.; providing
    4         legislative intent; defining the term “life sustaining
    5         medical services”; requiring certain health insurance
    6         entities to enact specified policies; requiring that
    7         such policies be in effect under specified
    8         circumstances; authorizing the Office of Insurance
    9         Regulation and the Agency for Health Care
   10         Administration to issue emergency orders extending the
   11         time periods of such policies for specified
   12         timeframes; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 252.358, Florida Statutes, is amended to
   17  read:
   18         252.358 Emergency-preparedness health care prescription
   19  medication refills.—
   20         (1) It is the intent of the Legislature to preserve access
   21  to life-sustaining medical care and services during emergencies.
   22         (2) As used in this section, the term “life-sustaining
   23  medical services” includes hospital care, skilled nursing,
   24  inpatient rehabilitation, long-term acute care and other post
   25  acute care needs, durable medical equipment and supplies, home
   26  health services, hospital services, nursing facility services,
   27  chemotherapy, dialysis services, and other care deemed by the
   28  provider as medically necessary.
   29         (3) All health insurers, managed care organizations, and
   30  other entities that are licensed by the Office of Insurance
   31  Regulation, plans participating in the state Medicaid managed
   32  care program, and any other health care insurance program
   33  administered, regulated, or licensed by the state shall enact
   34  the following policies:
   35         (a) The waiver of and provide prescription medication
   36  coverage as part of a policy or contract shall waive time
   37  restrictions on prescription medication refills, which include
   38  suspension of electronic “refill too soon” edits to pharmacies,
   39  to enable insureds or subscribers to refill prescriptions in
   40  advance, if there are authorized refills remaining, and
   41  authorizing shall authorize payment to pharmacies for at least a
   42  30-day supply of any prescription medication, regardless of the
   43  date upon which the prescription had most recently been filled
   44  by a pharmacist.
   45         (b) The waiver of all prior authorization, utilization
   46  management, and concurrent review requirements for patients who
   47  need life-sustaining medical services.
   48         (c) The waiver of authorizations for transfers.
   49         (d) The waiver of timely filing requirements around notice
   50  of admission not less than 30 days after the declaration of an
   51  emergency.
   52         (e) The waiver of filing deadlines and appeal timeframes
   53  during a situation described in subsection (4).
   54         (f) The extension of any authorization or precertification
   55  provided before the applicable emergency for a period of 30 days
   56  after the conclusion of the events described in paragraph
   57  (4)(a).
   58         (g) The reimbursement to hospitals for care provided due to
   59  discharge delays resulting from the events described in
   60  paragraph (4)(a).
   61         (h) The waiver of out of network cost share for patients
   62  displaced due to events described in paragraph (4)(a).
   63         (i) Any additional policy required by the Office of
   64  Insurance Regulation or the Agency for Health Care
   65  Administration.
   66         (4) The policies required by subsection (3) must be in
   67  effect, when the following conditions occur:
   68         (a)(1) The person seeking life-sustaining medical services
   69  the prescription medication refill resides in a county that:
   70         1.(a) Is under a hurricane warning issued by the National
   71  Weather Service;
   72         2.(b) Is declared to be under a state of emergency in an
   73  executive order issued by the Governor; or
   74         3.(c) Has activated its emergency operations center and its
   75  emergency management plan.
   76         (b)(2) The life-sustaining medical service prescription
   77  medication refill is requested within 30 days after the
   78  origination date of the conditions stated in this section or
   79  until such conditions are terminated by the issuing authority or
   80  no longer exist. The time period for the policies required by
   81  subsection (3) the waiver of prescription medication refills may
   82  be extended in 15- or 30-day increments by emergency orders
   83  issued by the Office of Insurance Regulation or the Agency for
   84  Health Care Administration.
   85  
   86  This section does not excuse or exempt an insured or subscriber
   87  from compliance with all other terms of the policy or contract
   88  providing prescription medication coverage.
   89         Section 2. This act shall take effect July 1, 2025.