Florida Senate - 2012                                     SB 668
       By Senator Hays
       20-00558-12                                            2012668__
    1                        A bill to be entitled                      
    2         An act relating to workers’ compensation medical
    3         services; amending s. 440.13, F.S.; revising
    4         requirements for determining the amount of a
    5         reimbursement for repackaged or relabeled prescription
    6         medication; providing limitations; providing an
    7         effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraph (c) of subsection (12) of section
   12  440.13, Florida Statutes, is amended to read:
   13         440.13 Medical services and supplies; penalty for
   14  violations; limitations.—
   17         (c) As to reimbursement for a prescription medication,
   18  regardless of the location or provider from whom the claimant
   19  receives the prescription medication, the reimbursement amount
   20  for a prescription shall be the average wholesale price plus
   21  $4.18 for the dispensing fee, unless except where the carrier
   22  has contracted for a lower amount. If the drug has been
   23  repackaged or relabeled, the reimbursement amount shall be
   24  calculated by multiplying the number of units dispensed times
   25  the per-unit average wholesale price set by the original
   26  manufacturer of the underlying drug, which may not be the
   27  manufacturer of the repackaged or relabeled drug, plus a $4.18
   28  dispensing fee, unless the carrier has contracted for a lower
   29  amount. The repackaged or relabeled drug price may not exceed
   30  the amount otherwise payable if the drug had not been repackaged
   31  or relabeled. Fees for pharmaceuticals and pharmaceutical
   32  services shall be reimbursable at the applicable fee schedule
   33  amount. If Where the employer or carrier has contracted for such
   34  services and the employee elects to obtain them through a
   35  provider not a party to the contract, the carrier shall
   36  reimburse at the schedule, negotiated, or contract price,
   37  whichever is lower. No Such contract may not shall rely on a
   38  provider that is not reasonably accessible to the employee.
   39         Section 2. This act shall take effect July 1, 2012.