Florida Senate - 2013                                     SB 662
       
       
       
       By Senator Hays
       
       
       
       
       11-00036D-13                                           2013662__
    1                        A bill to be entitled                      
    2         An act relating to workers’ compensation; amending s.
    3         440.13, F.S.; revising requirements for determining
    4         the amount of a reimbursement for repackaged or
    5         relabeled prescription medication; providing
    6         limitations; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (c) of subsection (12) of section
   11  440.13, Florida Statutes, is amended to read:
   12         440.13 Medical services and supplies; penalty for
   13  violations; limitations.—
   14         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
   15  REIMBURSEMENT ALLOWANCES.—
   16         (c) As to reimbursement for a prescription medication,
   17  regardless of the location from which or the provider from whom
   18  the claimant receives the prescription medication, the
   19  reimbursement amount for a prescription shall be the average
   20  wholesale price plus $4.18 for the dispensing fee, unless except
   21  where the carrier has contracted for a lower amount. If the drug
   22  has been repackaged or relabeled, the reimbursement amount shall
   23  be calculated by multiplying the number of units dispensed times
   24  the per-unit average wholesale price set by the original
   25  manufacturer of the underlying drug, which may not be the
   26  manufacturer of the repackaged or relabeled drug, plus a $4.18
   27  dispensing fee, unless the carrier has contracted for a lower
   28  amount. The repackaged or relabeled drug price may not exceed
   29  the amount otherwise payable had the drug not been repackaged or
   30  relabeled. Fees for pharmaceuticals and pharmaceutical services
   31  shall be reimbursable at the applicable fee schedule amount. If
   32  Where the employer or carrier has contracted for such services
   33  and the employee elects to obtain them through a provider not a
   34  party to the contract, the carrier shall reimburse at the
   35  schedule, negotiated, or contract price, whichever is lower. No
   36  Such contract may not shall rely on a provider that is not
   37  reasonably accessible to the employee.
   38         Section 2. This act shall take effect July 1, 2013.