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FOMA Legislative Update, Week 4 February 5, 2022  Paul D. Seltzer, DO, Legislative Chair Stephen R. Winn, ED Michelle W. Larson, Assoc. ED Jason D. Winn, Esq.

Summary As we approach the halfway point of the 2022 Legislative Session, legislators continue their rapid pace, passing thirty-eight bills relating to health care this week.  Moving into the second half of the session, the focus will slightly shift away from the policy, as legislators in both chambers ramp efforts to complete their respective House and Senate budget plans, positioning their plans for a budget conference.  This week, the Senate released its initial proposed budget for FY 2022-23, totaling a record $108 billion.  The House budget plan will be released soon.    Bills not heard in their first committee of reference will face an uphill climb as subcommittees begin to wind down their business, shifting the process to the full committees.  The FOMA’s legislative team will keep you apprised as events unfold and legislators jockey to position their priorities during the second half of the session.

Steve Winn testifies in Committee Steve Winn, Senator Gruters & Jason D. Winn, Esq.

The FOMA successfully amended three bills to ensure osteopathic medicine is included in the legislation. HB 173 Care of Students with Epilepsy or Seizure Disorders – The FOMA worked with the sponsor and secured an amendment to the bill to include osteopathic physicians. SB 1144 Certificates of Public Convenience and Necessity – The FOMA spoke to the stakeholders and bill sponsor about the exclusion of FOMA.  As a result, an amendment was adopted that removed the entire section of the bill that created the task force.   SB 1010 Uterine Fibroid Research and Education - FOMA worked with the bill sponsor and secured an amendment to include osteopathic physicians in the definition of health care provider.

Medical Negligence Claims SB 262, a bill seeking to extend recoverable damages to parents of adult children in medical negligence claims, was temporarily postponed on Monday in the Senate Judiciary Committee due to concerns from Chair Burgess.  Although the bill was not heard, the FOMA was prepared to oppose the bill publicly.  Although the legislation has had a setback in the Senate, the bill’s companion, HB 6011, passed its first committee of reference last week and has one committee remaining, the House Judiciary Committee.  The FOMA’s legislative team is working with other stakeholders in opposition to the measure.  SB 0262 Damages Recoverable by Parents of an Adult Child in Medical Negligence Actions by Rodriguez (A) HB 6011 Recovery of Damages in Claims for Medical Negligence by Roach

Sen. Rodriguez Rep Roach

Step-Therapy The Senate Banking and Insurance Committee unanimously passed SB 730 relating to Step-Therapy.    As drafted, the bill requires an insurer or HMO granting a protocol exemption to specify the prescription drug, medical procedure, or course of treatment approved. Alternatively, an insurer or HMO denying a protocol exemption request must provide a written explanation of the denial, including the clinical rationale supporting the denial. The written description must also describe the procedure for appealing the determination by the insurer or HMO. SB 730 has two committees of reference remaining, Senate Health Policy and the Senate Rules Committee. The House companion, HB 459, has passed all committees of reference.  In conjunction with its advocacy partners, the FOMA supports this legislation, providing access to patient-centered care.    SB 0730 Step-therapy Protocols by Harrell HB 0459 Step-therapy Protocols by Willhite

Sen. Harell Rep Willhite

Pharmacy Benefit Manager Regulation This week, the House and Senate plan to enhance accountability for pharmacy benefit managers (PBM) unanimously passed out of committee.  HB 357 and SB 1476 provide an enforcement mechanism for violations of established PBM audit protections for licensed pharmacies.  Under current law, the Board of Pharmacy cannot enforce Pharmacy Act violations committed by PBMs and insurers. This legislation transfers the audit provisions of the Florida Pharmacy Act to the Florida Insurance Code, granting the Office of Insurance Regulation (OIR) the ability to respond to potential violations.   The bills also allow pharmacies to appeal audit findings through AHCA’s Dispute Resolution Program.  In addition, the bills establish a financial penalty for PBMs failing to register with OIR.  Finally, the measures provide that a health insurer is responsible for violations of the pharmacy audit provisions, even if a PBM is contracted to manage pharmacy benefits on behalf of the insurer or HMO. SB  1476 has two remaining committees of reference, the Senate Appropriations Subcommittee on Agriculture, Environment, and General Government, and the Senate full Appropriations Committee. HB 357 has passed all committees of reference and is awaiting review by the full House of Representatives.    Along with our patient advocacy partners, the FOMA supports this legislation. HB 0357 Pharmacies and Pharmacy Benefit Managers by Toledo SB 1476 Prescription Drug Coverage by Wright

Rep. Toledo Sen. Wright

Emergency Medical Treatment of Minors The House Health & Human Services Committee unanimously passed HB 817 relating to the emergency treatment of minors.  Under current law, parental consent is required for a physician to provide emergency medical care to a minor outside of a hospital or college health service. HB 817 would allow physicians and emergency medical personnel to provide emergency medical care or treatment to a minor at any location without the consent of the minor’s parents. Under the measure, the provider must first attempt to identify and contact the legal guardian, and care rendered without consent must result from a genuine emergency.      HB 817 has passed all referenced committees and is now headed to the full House of Representatives for its consideration.  The Senate Companion, SB 1114, by Sen. Bradley, has two committee stops remaining, Senate Health Policy and the Senate Rules Committee.    The FOMA supports this legislation.   HB 0817 Emergency Medical Care and Treatment to Minors Without Parental Consent by Massullo, Jr. SB 1114 Emergency Medical Care and Treatment of Minors by Bradley

Rep. Massullo Sen. Bradley

Anesthesiologist Assistants The House Professions & Public Health Subcommittee unanimously passed HB 1101 relating to the regulation of Anesthesiologist assistants.  As amended, the bill revises the direct supervision requirements for an anesthesiologist assistant by removing the requirement that supervising anesthesiologists be in the office when supervising an anesthesiologist assistant. Instead, the bill requires the supervising anesthesiologist to be physically present on-premises and immediately available to an anesthesiologist assistant. HB 1101 has one remaining referenced committee, the House Health & Human Services Committee.  The Senate companion, SB 1366 by Senator Baxley, has yet to be heard in committee.  The FOMA supports this legislation.  HB 1101 Anesthesiologist Assistants by Altman SB 1366 Anesthesiologist Assistants by Baxley

Rep. Altman Sen. Baxley

Bill Tracking Report

To review the legislation contained in the tracking report in greater detail: Click on the Bill Number Link.  This will take you to a shared LobbyTools webpage.

Find the section titled Bill Text and Amendments Click on the PDF link

Legislative Calendar Week 5

In the News

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Over-the-counter COVID tests will soon be free for... Medicare and Medicare Advantage recipients will be eligible for free over-the-counter COVID-19 tests beginning in early spring, the Biden administration announced on Thursday. The plan will allow for up to eight tests a month, the Centers for... Read more health.wusf.usf.edu

The Pfizer vax could soon be available for kids under 5. ... A St. Petersburg hospital leader is urging families to prepare as federal health officials weigh whether to allow children younger than five to get COVID-19 vaccines. Pfizer and its partner BioNTech submitted data on Tuesday to the U.S. Food and... Read more health.wusf.usf.edu

Here's what physicians have learned about long-term... The Florida Department of Health reports new cases of COVID-19 each day, and researchers are finding that more and more people are experiencing long-term conditions following their recovery from COVID-19, which include fatigue, brain fog and... Read more health.wusf.usf.edu