The Florida Department of Health has announced that it is working with emergency managers across the state to prepare for potential impacts from the Gulf winter weather system. The department urges residents to ensure they have enough prescription medication available in case pharmacies are temporarily closed.
According to the department, Floridians are allowed to obtain early refills of their prescriptions during a state of emergency. This includes some controlled substances, except those listed under Schedule II in Chapter 893 of the Florida Comprehensive Drug Abuse Prevention and Control Act.
The Florida Office of Insurance Regulation (OIR) has reminded health insurers, managed care organizations, and other health entities about legal requirements regarding early prescription refills. All such entities must comply with section 252.358, Florida Statutes, which permits early refills when the Governor declares a state of emergency by executive order. This requirement stays in effect until the executive order is rescinded or expires.
The recent Executive Order 25-13 activates these provisions. Under this order and section 252.358:
"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:
(1) The person seeking the prescription medication refill resides in a county that:
(a) Is under a hurricane warning issued by the National Weather Service;
(b) Is declared to be under a state of emergency in an executive order issued by the Governor; or
(c) Has activated its emergency operations center and its emergency management plan.
(2) 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."
The statute also clarifies that all other terms of insurance policies still apply.
The Florida Department of Health regulates healthcare practitioners and facilities across Florida with information on licensing and enforcement available through its Licensing and Regulation section.
The OIR oversees compliance with insurance statutes and monitors industry practices statewide. More information can be found at www.floir.com or via their X account @FLOIR_comm.