McCarty Orders Prescription Drug Refill Statute Suspended Due To Central Florida Tornados
TALLAHASSEE (02/04/2007) Florida Insurance Commissioner Kevin McCarty today reminded Floridians that statutes governing prescription refills are suspended effective February 2, 2007 due to a state of emergency declared because of the tornados which struck central Florida. Therefore, consumers can obtain a 30-day prescription refill, regardless of the date of the most recent refill to provide an adequate supply in the event they have to evacuate their homes.
The emergency-preparedness prescription medication refill statute requires all health insurers, HMOs and entities regulated by the Office of Insurance Regulation to allow policyholders to refill medications in advance if there are authorized refills remaining and to provide payment for them. A copy of the statute is attached below.
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F.S. 252.358 - Emergency-preparedness prescription medication refills.--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 includes 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 thirty 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
(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 exists. 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. This section takes effect July 1, 2006.