Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/HB 1471, 2nd Eng.
       
       
       
       
       
       
                                Barcode 140970                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/WD/3R         .                                
             04/30/2009 03:06 PM       .                                
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       Senator Lawson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 296 - 322
    4  and insert:
    5         Section 5. Purchasing and repackaging of pharmaceuticals;
    6  studies and reports.—
    7         (1)The Office of Program Policy Analysis and Government
    8  Accountability shall evaluate and submit a report to the
    9  Legislature by October 31, 2009, containing recommendations for
   10  the statewide consolidation of pharmaceutical repackaging
   11  services, including an evaluation of the value to the state of
   12  all potential credits, rebates, and cost avoidances that may be
   13  realized through repackaging for the Department of Corrections,
   14  the Department of Juvenile Justice, the Agency for Persons with
   15  Disabilities, the Department of Children and Family Services,
   16  and the Department of Health. The Office of Program Policy
   17  Analysis and Government Accountability shall also include in its
   18  report an analysis of verifiable annual utilization rates for
   19  the dispensing of pharmaceuticals for fiscal years 2004-2005
   20  through 2008-2009 by each of the five agencies that would
   21  participate in a consolidated repackaging services program and
   22  the approximate daily output capabilities that would be required
   23  to meet the projected average daily utilization rate, as
   24  adjusted for future growth projections over the next 3 years for
   25  the five agencies. The report shall include an assessment of the
   26  projected capitalized cost of leases and equipment and the fully
   27  burdened labor rate, projected FTE requirements, and associated
   28  operating costs needed by the Department of Health to meet the
   29  projected daily utilization requirements for statewide
   30  consolidated repackaging services and, if applicable, any cost
   31  avoidances or credits that would apply or not apply, as well as
   32  any federal regulatory requirements, including any inspection
   33  and certification requirements by the United States Food and
   34  Drug Administration.
   35         (2)The Office of Program Policy Analysis and Government
   36  Accountability shall evaluate and submit a report to the
   37  Legislature by October 31, 2009, containing recommendations
   38  concerning options for implementing a statewide consolidated
   39  program for purchasing pharmaceuticals under an adopted
   40  formulary to be used by the Department of Corrections, the
   41  Department of Juvenile Justice, the Agency for Persons with
   42  Disabilities, the Department of Children and Family Services,
   43  and the Department of Health and the feasibility of the state
   44  obtaining discounts below both wholesale acquisition cost and
   45  the Minnesota Multistate Contracting Alliance for Pharmacy
   46  prices for the pharmaceuticals listed on the adopted formulary,
   47  including the availability and regulatory prerequisites for
   48  obtaining 340b pricing under the federal Medicare program.
   49         (3)The Department of Health shall study the feasibility of
   50  consolidating drug repackaging services through the Department
   51  of Health’s central pharmacy and compare that with the costs and
   52  benefits of contracting out for such services to a private
   53  pharmaceutical repackager licensed by the United States Food and
   54  Drug Administration, with preference given to vendors with
   55  Florida-based manufacturing operations that will promote the
   56  creation and maintenance of jobs in the state. The department
   57  shall be prohibited from contracting with any other agency to
   58  provide pharmaceutical repackaging services until the results of
   59  the Office of Program Policy Analysis and Government
   60  Accountability study are reported to the Legislature and the
   61  department has submitted a plan for consolidating pharmaceutical
   62  repackaging services for the Department of Corrections, the
   63  Department of Juvenile Justice, the Agency for Persons with
   64  Disabilities, the Department of Children and Family Services,
   65  and the Department of Health, consistent with the
   66  recommendations of the Office of Program Policy Analysis and
   67  Government Accountability and the Pharmacy and Therapeutic
   68  Advisory Council. The plan shall be submitted to the Legislature
   69  by January 31, 2010.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete lines 24 - 29
   74  and insert:
   75  requiring the Office of Program Policy Analysis and Government
   76  Accountability to evaluate and submit reports to the Legislature
   77  regarding consolidation of pharmaceutical repackaging services
   78  and implementation of a statewide consolidated pharmaceutical
   79  purchasing program; requiring the Department of Health to
   80  conduct a study; prohibiting the department from entering into
   81  certain contracts until the results of the Office of Program
   82  Policy Analysis and Government Accountability report are
   83  submitted to the Legislature and the department has submitted a
   84  plan to the Legislature for consolidation of pharmaceutical
   85  repackaging services; transferring, renumbering, and amending s.