Governor Ron DeSantis has issued Executive Order 24-209, amending a previous order and declaring a state of emergency in numerous Florida counties as the state prepares for Potential Tropical Cyclone Nine. The affected areas include Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison; Manatee; Marion; Monroe; Nassau; Okaloosa; Okeechobee; Orange; Osceola; Pasco; Pinellas; Polk; Putnam; Santa Rosa; Sarasota; Seminole; St. Johns; Sumter; Suwannee; Taylor; Union; Volusia; Wakulla; Walton and Washington counties.
The Florida Office of Insurance Regulation (OIR) reminded health insurers and managed care organizations that they must comply with section 252.358 of the Florida Statutes during this declared emergency. This law allows early prescription refills when an executive order for a state of emergency is in effect.
“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 This mandate remains in effect until the Governor’s executive order is rescinded or expires.”
Under Executive Order 24-209 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.
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 healthcare practitioners throughout Florida with information available about licensing requirements for professionals and facilities as well as enforcement actions.
The OIR regulates insurance businesses across Florida including compliance oversight and market monitoring activities. More details about OIR can be found at www.floir.com or on X at @FLOIR_comm.