March 2022 Florida Pharmacy Today

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Executive Insight MICHAEL JACKSON, BPHARM, RETIRED EVP & CEO, FLORIDA PHARMACY ASSOCIATION

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The Florida Legislature Has Gone Home – What Did They do?

ven as I transition into retirement, it is hard not to notice when the Florida House and Senate meet to discuss policy issues. After all, our profession exists because the Florida Legislature said it could by sustaining Florida laws under F.S. 465. Whenever there is tinkering under that code, there needs to be 35,000 Florida pharmacists and 56,000 Florida registered technicians who are interested. Any changes under that Florida law affects each of us directly. One task that the Legislature must do each year is to review and pass the operating budget for the state. We are talking in excess of $110 billion in government funding. Health care is a very large piece of that dollar pie. For the 2022 legislative session, reports from the Capitol are showing that 3,685 bills were filed. There were 992 in the Senate and 2,693 in the House. Of those 3,685 bills, only 285 or slightly more than 7.7% of bills passing both chambers have been sent to the governor’s desk for signature. Many of those bills that passed were adopted within the final week or so of the session. In this message to the membership, I am going to tease you with a preliminary report of what happened and why you should be interested. Detailed reports will be provided at the FPA convention where you will be able to talk directly with leadership and our lobbyists from Adams Street Advocates. You may even get a chance to talk with members of the Legislature who volunteered to marshal our issues through this maze of sausage making.

PBM Reform A common discussion in pharmacy meetings throughout Florida and the U.S. involve the subject of the PBM marketplace and what it means to pharmacy businesses. For the past several years the FPA has shared data with the state on the prescription drug benefit within the Medicaid Managed Care Program. Our findings have shown some very

Many of those bills that passed were adopted within the final week or so of the session. In this message to the membership, I am going to tease you with a preliminary report of what happened and why you should be interested. revealing and troublesome issues, including patient steering and preferential pricing to affiliated pharmacies. There were laws within the pharmacy practice act that created some basic auditing standards, however there was no enforcement mechanism to address PBM auditing abuses. The Board of Pharmacy had no jurisdiction to

Michael Jackson, B.Pharm, FPA CEO (Ret)

sanction PBMs for any violations of F.S. 465.188 (Medicaid Audits of Pharmacies) or F.S. 465.1885 (Pharmacy Audits; Rights). In House Bill 357 sponsored by Rep. Jackie Toledo of Hillsborough County, we successfully advocated for a change that moves these auditing standards under the umbrella of the Office of Insurance Regulations. The FPA worked with a coalition called “Empower Patients.” This group focused its efforts on PBM education and reform and took to social media the message that something needed to be done. It was fascinating to see that members of the Florida House and Senate grow interest in this area. HB357 picked up 28 cosponsors in the House. This legislation passed with no objection in the House as well as the Senate and at the production of this article is headed to the governor’s desk for signature. There was an additional issue includMARCH 2022 |

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