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FOMA
Interim Committees, Week 5
February 13, 2023
Paul D. Seltzer, DO, Legislative Chair
Stephen R. Winn, ED
Michelle W. Larson, Assoc. ED
Jason D. Winn, Esq.
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Last week, the House and Senate concluded all business relating to the 2023B Special Session, passing seven bills ranging from creating a bridge loan program to provide financial assistance to local governments impacted by Hurricane Ian or Hurricane Nicole to local bills such as the restructuring and reauthorization of Reedy Creek.
On Tuesday, February 7, 2023, the FOMA hosted its annual CRT Luncheon to discuss areas of interest concerning the 2023 Legislative Session. This year's event was a resounding success, with many CRT partners, FOMA President Lee Ann Brown, DO, FMA President Joshua Lenchus, DO, FOMA Legislative Chair Paul D. Seltzer, DO, and FOMA members from around the State, in attendance.
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FOMA President
Lee Ann Brown, DO &
FMA President
Joshua Lenchus, DO
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On February 10, 2023, the Board of Osteopathic Medicine and Board of Medicine voted to eliminate all avenues available for minors to gain access to gender-affirming care. Although the boards addressed unrestricted access to such care in November, the adopted rule contained a provision allowing the procedure for clinical research. Last week's joint meeting closed this loophole and addressed the procedural steps necessary to finalize the rule. | |
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Board of Osteopathic Medicine and Board of Medicine Meeting
Official meeting starts at time stamp 13:36.
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FOMA members and students from the Dr. Kiran C. Patel College of Osteopathic Medicine, LECOM, and the Alabama College of Osteopathic Medicine gathered in Tallahassee for Osteopathic Medicine Day. Participants had the opportunity to meet with Governor DeSantis, attend a press conference sponsored by Senator Harrell and Representative Gonzalez Pittman in support of patient-centered step therapy legislation, and participate in meetings concerning the FOMA’s 2023 legislative priorities.
The FOMA thanks all who participated for taking the time to support the FOMA’s legislative efforts.
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Steve Winn & Governor DeSantis | |
Attendees with Senator Ed Hooper,
FOMA 2021
Legislator of the Year.
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Governor DeSantis Meets with Osteopathic Medicine Day Attendees | |
Representative Gonzalez Pittman & FOMA President Elect Brett Scotch, DO | Senator Harrell & FSACOFP President Michelle Fiorillo, DO | |
Senate Minority Leader Lauren Book with Osteopathic Medial Students | |
FMA Pres. Joshua Lenchus, DO
Rep. Gonzalez Pittman &
FOMA Pres. Lee Ann Brown, DO
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Osteopathic Medicine Day participants attended a Press Conference supporting SB 112 & HB 183, providing for mental health treatment, and eliminating step therapy barriers to patient care. | |
FOMA 2021 & 2022 Legislator of the Year Awards | |
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Due to the cancellation of Osteopathic Medicine Day in prior years, resulting from the COVID pandemic, the 2021and 2022 Legislator of the year awards were presented in person during last week's event.
This award is presented to legislators in grateful appreciation and recognition of their support and commitment to osteopathic medicine and the delivery of quality health care to the citizens of Florida.
The following legislators are recipients of the FOMA Legislator of the Year Award for 2021 & 2022:
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2021 Legislator of the year:
Senator Ed Hooper
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2021 Legislator of the year:
Rep. Mike Giallombardo
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2022 Legislator of the year:
Senate President
Kathleen Passidomo
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2022 Legislator of the year:
Speaker of the House
Paul Renner
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Senate Health Policy Committee - PBM Reform | |
Despite the special session, some committees could continue their regular order of business for week five of interim committees. On Monday, the Senate Health Policy Committee began its work to answer the Governor's call regarding Pharmacy Benefit Manager (PBM) reform, hosting a panel discussion of industry stakeholders. The discussion centered on the business practices of PBMs and their impact on prescription drug costs to the patient and competitor pharmacies through restricted access to networks. PhRMA Deputy Vice President of Policy Kristin Parde and others supporting PBM reform commented on the dominant control three PBMs have over the prescription drug market (80 percent), PBM vertical integration, and the practices PBMs deploy, which impact access to prescription medications and price.
"We have three major PBMs that control 80 percent of the market. And importantly, when we consider vertical integration, their either possibly owned by insurers or they own them themselves, they have specialty pharmacies, and they even have provider services. What has happened is that both affordability has been impacted and access has been limited" (Kristin Parde, PhRMA Deputy Vice President of Policy).
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Chair Sen. Colleen Burton
Senate Health Policy Committee
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Representatives from the PBM and Insurance industry responded, citing the industry's role in reducing drug prices to patients, focusing on their ability to negotiate price, leverage volume discounts, ensure network adequacy requirements, and provide opportunities for manufacturers to compete on quality, price, and service. Concerning network access and affordability, Connor Rose, PCMA Senior Director, State Affairs, restated industry talking points testifying that PBMs serve the business community who choose from a range of prescription drug plans that best serve the needs of the business and its employees. According to Rose, PBM clients determine formularies, network access, and other factors based on their chosen plan.
In responding to questions concerning PBM's power to establish prices, Rose stated that "PBMs don't set prices," reiterating his earlier point that their customers, the business community, select the plan options. Responding to questions on vertical integration, Rose commented that the FTC had approved these mergers. According to Rose, the FTC has pointed to the ability of such vertically integrated organizations to control prescription drug costs as a significant benefit of such mergers and acquisitions.
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HB 0305 - Protection of Medical Freedom by Barnaby
HB 305 prohibits DOH from requiring enrollment in the state’s immunization registry or requiring persons to submit to immunization tracking. Business & governmental entities are prohibited from requiring individuals to provide proof of vaccination to gain access to or receive services. Employers may not deny employment to or tack action against an employee on the basis of vaccination or immunity status. Finally, the bill amends the Florida Civil Rights Act of 1992 to include discrimination protection for vaccination or immunity status.
Identical SB 0222 - Protection of Medical Freedom (Gruters)
SB 0420 - Pharmacy Benefit Managers by Wright
SB 420 requires the Office of Insurance Regulation to conduct market conduct examinations of pharmacy benefit managers. The bill defines the terms affiliate and spread pricing. Finally, the legislation authorizes OIR to take specific disciplinary actions against a pharmacy benefit manager for specified acts.
Compare: HB 0203 - Access to Pharmacies and Prescription Drugs Under Insurance and Pharmacy Benefit Managers Policies (Gonzalez Pittman)
HB 203 requires the OIR to conduct market examinations of pharmacy benefit managers. Under the plan, PBMs must have standard contracts with pharmacies, and PBMs are prohibited from denying pharmacies & pharmacists the right to participate as contract providers. The bill authorizes persons and entities to bring actions to seek injunctive relief. HB 203 prohibits PBMs from committing certain acts against patients and health insurers and PBMs from engaging in acts relating to covered clinician-administered drugs.
SB 0416 - Antiretroviral Drugs by Osgood
SB 416 authorizing pharmacists to order and dispense HIV preexposure and postexposure prophylaxis drugs without a prescription under certain circumstances upon completing a training program approved by the Board of Pharmacy. In addition, the legislation prohibits health insurers from requiring prior authorization or step-therapy protocols for preexposure or postexposure prophylaxis solely on the basis that it was ordered or dispensed by a licensed pharmacist.
SB 0112 - Step-therapy Protocols (Harrell)
The bill defines the term “serious mental illness” to include certain conditions contained in the DSM-V. It requires the Agency for Health Care Administration to approve drug products for Medicaid recipients for the treatment of serious mental illness without step-therapy prior authorization under certain circumstances.
Identical: HB 0183 - Medicaid Step-Therapy Protocols for Drugs for Serious Mental Illness Treatments by Gonzalez Pittman
HB 0039 - Emergency Opioid Antagonists by Edmonds
The bill requires Florida College System institutions & state universities to have a supply of emergency opioid antagonists in certain residence halls & dormitories for use by specified employees. It provides requirements for the placement & accessibility of emergency opioid antagonists & training. The bill also offers specified immunity from liability.
SB 0046 - Health Insurance Cost Sharing by Wright
The bill requires health insurers and their pharmacy benefit managers to apply payments by or on behalf of insureds toward the total contributions of the insureds’ cost-sharing requirements.
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Interim Meeting Schedule
- Monday, February 13 – Friday February 17, 2023
- Monday, February 20 – Friday, February 24, 2023
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Medicare announces plan to recoup billions from drug companies | Medicare's historic plan to slow prescription drug spending is taking shape. Thursday federal health officials released proposed guidance that outlines the first of a pair of major drug price reforms contained in the Inflation Reduction Act. Those reforms are projected to save Medicare roughly $170 billion over the next decade. | | | |
Florida medicine boards approve ban on gender-affirming care for minors | Minors in Florida seeking gender-affirming care will no longer have access to treatment - not even during clinical trials. Puberty blockers and hormone replacement therapy will be banned for children under rules adopted at a meeting Friday by the Florida Boards of Medicine and Osteopathic Medicine. | | | |
About 1 million Floridians will get kicked off Medicaid. How could that affect the state? | About 1 million Floridians will soon lose Medicaid coverage in April due to the end of the public health emergency's continuous enrollment provision. In December, President Joe Biden signed into law the 2023 Consolidated Appropriations Act, which brought an end to the emergency provision that required states to provide continuous Medicaid without removing individuals. | | | |
COVID test kits, treatments and vaccines won't be free to many consumers much longer | Time is running out for free-to-consumer COVID-19 vaccines, at-home test kits and even some treatments. The White House announced this month that the national public health emergency, first declared in early 2020 in response to the pandemic, is set to expire May 11. | | | | | | |
