Florida 2025 2025 Regular Session

Florida House Bill H1531 Introduced / Bill

Filed 02/28/2025

                       
 
HB 1531   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to emergency preparedness for life -2 
sustaining medical services; amending s. 252.358, 3 
F.S.; requiring specified entities, plans, and 4 
programs to enact flexibilities and waivers during an 5 
emergency; defining the terms "emergency" and "life -6 
sustaining medical services"; specifying the 7 
flexibilities and waivers such specified entities, 8 
plans, and programs must enact; providing when such 9 
flexibilities and waivers become effective; 10 
authorizing the time period for such flexibilities and 11 
waivers to be extended by the Office of Insurance 12 
Regulation or the Agency for Health Care 13 
Administration; providing construction; providing an 14 
effective date. 15 
 16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  Section 252.358, Florida Statutes, is amended 19 
to read: 20 
 252.358  Emergency preparedness for life -sustaining medical 21 
services Emergency-preparedness prescription medication 22 
refills.— 23 
 (1)  In order to preserve access to life -sustaining medical 24 
services during an emergency, all health insurers, managed care 25     
 
HB 1531   	2025 
 
 
 
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organizations, and other entities that are licensed by the 26 
Office of Insurance Regulation ; plans participating in the state 27 
Medicaid managed care program; and any other health care 28 
insurance program administered, regulated, or licensed by this 29 
state shall enact the flexibilities and waivers identified in 30 
this section, as well as any additional flexibilities or waivers 31 
designated by the Offi ce of Insurance Regulation and the Agency 32 
for Health Care Administration, as applicable. 33 
 (2)  As used in this section, the term: 34 
 (a)  "Emergency" means that a county: 35 
 1.  Is under a state of emergency declared by an executive 36 
order or proclamation issue d by the Governor under chapter 252; 37 
 2.  Is under a hurricane warning issued by the National 38 
Weather Service; or 39 
 3.  Has activated the county's emergency operations center 40 
and its emergency management plan. 41 
 (b)  "Life-sustaining medical services" means hospital 42 
care, skilled nursing care, inpatient rehabilitation, long -term 43 
acute care and other post -acute care needs, durable medical 44 
equipment and supplies, home health services, hospital services, 45 
nursing facility services, chemotherapy, dialysis services , and 46 
other care that is deemed by the provider as medically 47 
necessary. 48 
 (3)  All health insurers, managed care organizations, and 49 
other entities that are licensed by the Office of Insurance 50     
 
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Regulation; all plans participating in the state Medicaid 51 
managed care program; and any other health care insurance 52 
program administered, regulated, or licensed by this state must 53 
enact all of the following flexibilities and waivers during an 54 
emergency: 55 
 (a)  A waiver on the and provide prescription medication 56 
coverage as part of a policy or contract shall waive time 57 
restrictions on prescription medication refills, which include 58 
suspension of electronic "refill too soon" edits to pharmacies, 59 
to enable insureds or subscribers to refill prescriptions in 60 
advance, if there are authorized refills remaining . All 61 
entities, plans, and programs identified in subsection (1) , and 62 
shall authorize payment to pharmacies for at least a 30 -day 63 
supply of any prescription medication, regardless of the date 64 
upon which the prescription had m ost recently been filled by a 65 
pharmacist. 66 
 (b)  A waiver on all prior authorization, utilization 67 
management, and concurrent review requirements for patients who 68 
need life-sustaining medical services. 69 
 (c)  A waiver on transfer authorizations. 70 
 (d)  A waiver on the time requirements for filing a notice 71 
of admission for at least 30 days after the emergency ends. 72 
 (e)  A waiver on filing and appeal deadlines and timeframes 73 
during the emergency. Such deadlines and timeframes will resume 74 
the day after the emergency ends. 75     
 
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 (f)  An extension of the time requirements on 76 
authorizations or precertifications that were provided to a 77 
patient before the emergency until 30 days after the emergency 78 
ends. 79 
 (g)  A waiver of out -of-network costs for patients who are 80 
displaced after an emergency. 81 
 (h)  Reimbursement to hospitals for the care provided to 82 
patients because an emergency delayed patient discharge. 83 
 (4)  The flexibilities and waivers required under 84 
subsection (3) become effective , when the following conditions 85 
occur: 86 
 (a)(1) The person seeking life-sustaining medical services 87 
the prescription medication refill resides in a county that is 88 
in an emergency as defined in paragraph (2)(a) : 89 
 (a)  Is under a hurricane warning issued by the National 90 
Weather Service; 91 
 (b) Is declared to be under a state of emergency in an 92 
executive order issued by the Governor; or 93 
 (c)  Has activated its emergency operations center and its 94 
emergency management plan . 95 
 (b)(2) The life-sustaining medical services are 96 
prescription medication refill is requested within 30 days after 97 
the origination date of the emergency as defined in paragraph 98 
(2)(a) conditions stated in this section or until such emergency 99 
is conditions are terminated by the issuing authority or no 100     
 
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longer exists exist. 101 
 (5) The time period for flexibilities and waivers the 102 
waiver of prescription medication refills may be extended in 15 - 103 
or 30-day increments by emergency orders issued by the Office of 104 
Insurance Regulation or the Agency for Health Care 105 
Administration. 106 
 (6) This section does not excuse or exempt an insured or a 107 
subscriber from compliance with all other terms of the policy or 108 
contract providing life-sustaining medical services prescription 109 
medication coverage. 110 
 Section 2. This act shall take effect July 1, 2025. 111