Summary of successful key health care policy reform legislation.
HB23 Telehealth
On Monday April 29, the Florida Senate passed HB 23, which establishes criteria for out-of-state providers for the provision of health care services in this state remotely, via telephone, internet or any other such mode of long-distance transmission. The bill permits, but does not mandate coverage for telehealth services by insurance companies and HMO’s. The bill places restrictions on the prescription of pain medication by telehealth providers for “non-malignant pain.” The bill was passed by the Senate with a technical amendment which was ratified by the house that same afternoon. The bill now moves to Governor DeSantis’ desk for signature. If signed into law, the bill’s effective date is July 1, 2019.
A copy of the bill as enrolled can be found here.
HB 21 Hospital Licensure (Certificate of Need)
On Monday April 29, the Florida Senate passed HB 23, which eliminates the CON program and makes several necessary conforming changes throughout the Florida Statutes. Hospitals, nursing homes, hospices, and intermediate care/developmentally disabled facilities will be able to establish and expand facilities, the number of beds and types of services without seeking prior authorization from the Agency for Health Care Administration. Hospices, licensed after July 1, 2019, must be a freestanding facility and be accredited by a national accreditation organization recognized by CMS. The bill now moves to Governor DeSantis’ desk for signature. If signed into law, the bill goes into effect July 1, 2019.
A copy of the bill as enrolled can be found here.
HB 19 Prescription Drug Importation Program
On Monday April 29, the Florida House and the Senate passed HB 19, which establishes importation programs for Canadian drugs. The bill establishes two programs to import FDA approved prescription drugs into the state, the Canadian Drug Importation Program and the International Drug Importation Program. For both programs the bill establishes eligibility criteria for the drugs and the facilities that may import the drugs as well as penalties for violations of the program requirements. The bill, a top priority for the Governor, now moves to his desk for signature. If signed into law, this bill goes into effect July 1, 2019.
A copy of the bill as enrolled can be found here.
HB 831 Electronic Prescribing
On Thursday May 2, the Florida House passed HB 831, which requires all providers beginning January 1, 2021 (or upon license renewal, whichever is earlier) to transmit all prescriptions electronically, except when electronic prescribing is unavailable due to a temporary electrical or technological failure. In such instances, written prescriptions may be used so long as they meet the current requirements of law, including for controlled substances counterfeit-proof prescription pads and the listing of the quantity of the drug prescribed in both textual and numerical formats. The bill relocates preexisting language regarding electronic prescribing into one statute for ease of readability. The bill now moves to Governor DeSantis’ desk for signature. If signed into law, the bill’s effective date is January 1, 2020.
A copy of the bill as enrolled can be found here.
HB 843 Health Care
On Monday April 29, both the Florida House and the Senate passed HB 843 a large health care vehicle which among other reforms, notably requires a hospital to notify a patient’s primary care provider within a specified timeframe after patient admission, requires a licensed facility upon placing a patient upon observation status to immediately notify the patient using a proscribed form, allows ambulatory surgical centers to provide 24 hour care, extends price transparency to certain CMS certified providers, expands direct primary care agreements to additional providers, prohibits restrictive covenants for certain physicians, and prohibits certain HMO’s from employing step-therapy protocols under certain circumstances. The bill now moves to Governor DeSantis’ desk for signature. If signed into law, the bill’s effective date is July 1, 2019.
A copy of the bill as engrossed can be found here.
For more information contact our partner Nichole Geary.
