TROPICAL STORM IAN: EARLY PRESCRIPTION REFILLS PERMITTED UNDER STATE OF EMERGENCY

On September 24, 2022, Governor Ron DeSantis issued Executive Order 22-219, extending the state of emergency nationwide as Tropical Depression Nine strengthened into Tropical Storm Ian.

The Florida Department of Health is working with emergency managers statewide to prepare for community impacts and is reminding Floridians to have enough prescriptions on hand in case pharmacies are temporarily unavailable. Under a state of emergency, Floridians are allowed to receive early prescription refills notwithstanding typical limits.

In addition, the Florida Office of Insurance Regulation (OIR) has issued the following reminder to all health insurers, managed care organizations, and healthcare facilities:

Florida Law Refills for early prescription refills

This notice is a reminder that all health insurers, managed care organizations and other healthcare entities must comply with the provisions of Florida Statutes Section 252.358, which allow for early prescription refills in the event the governor issues an executive order declaring a state of emergency becomes. This mandate will remain in effect until the governor’s executive order is repealed or expires.

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Executive Orders 22-219

In accordance with Florida Statutes Section 252.358, Refills of Emergency Prescription Drugs:

  • All health insurers, managed care organizations and other entities authorized by the Office of Insurance Regulation that offer coverage for prescription drugs under a policy or contract will waive time limits on prescription drug refills, including the suspension of electronic “refills.” too early”. ”—Edits to pharmacies to allow policyholders or subscribers to refill prescriptions ahead of time when authorized refills remain, and authorizes payment to pharmacies for a minimum of 30 days of prescription drug stocks, regardless of the date the prescription was last filled out by a pharmacist if the following conditions exist:
  • (1) The individual requesting the prescription drug refill resides in a county that:
    • (a) is under a hurricane warning issued by the National Weather Service;
    • (b) declared a state of emergency in an executive order issued by the Governor; or
    • (c) has activated its emergency response center and emergency management plan.
  • (2) Replenishment of prescription drugs will be requested within 30 days from the date of origin of the terms set forth in this section or until such terms are rescinded by the issuing authority or cease to exist. The prescription drug refill waiver period may be extended by emergency orders from the Office of Insurance Regulation in increments of 15 or 30 days.
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Nothing in this section excuses or exempts an insured or subscriber from complying with any other term of the policy or contract that provides prescription drug coverage.

About the Florida Department of Health

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The Florida Department of Health is responsible for regulating health practitioners to protect the health, safety, and welfare of the public. The Licensing and Regulation section provides information on professional, facility, and permit licensing, as well as enforcement information.

About the OIR

The Florida Office of Insurance Regulation (OIR) has primary responsibility for regulating, complying with, and enforcing laws related to the insurance business and overseeing industry markets. For more information about OIR, please visit www.floir.com or follow us on Twitter @FLOIR_comm.