Florida Senate - 2018                                     SB 954
       By Senator Passidomo
       28-00994A-18                                           2018954__
    1                        A bill to be entitled                      
    2         An act relating to the state employees’ prescription
    3         drug program; amending s. 110.12315, F.S.; requiring
    4         the Department of Management Services to implement
    5         formulary management cost-saving measures; providing
    6         requirements for such measures; amending ch. 99-255,
    7         Laws of Florida; removing a provision that prohibits
    8         the department from implementing a restricted
    9         prescription drug formulary or prior authorization
   10         program in the state employees’ prescription drug
   11         program; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (9) is added to section 110.12315,
   16  Florida Statutes, to read:
   17         110.12315 Prescription drug program.—The state employees’
   18  prescription drug program is established. This program shall be
   19  administered by the Department of Management Services, according
   20  to the terms and conditions of the plan as established by the
   21  relevant provisions of the annual General Appropriations Act and
   22  implementing legislation, subject to the following conditions:
   23         (9)The department shall implement formulary management
   24  cost-saving measures. Such measures must require prescription
   25  drugs to be subject to formulary inclusion or exclusion and may
   26  not restrict access to the most clinically appropriate,
   27  clinically effective, and lowest net-cost prescription drugs.
   28  However, excluded drugs may be available for inclusion if a
   29  physician, an advanced registered nurse practitioner, or a
   30  physician assistant prescribing a pharmaceutical clearly states
   31  that the excluded drug is medically necessary and cannot be
   32  substituted.
   33         Section 2. Section 8 of Chapter 99-255, Laws of Florida, is
   34  amended to read:
   35         Section 8.The Department of Management Services shall not
   36  implement a prior authorization program or a restricted
   37  formulary program that restricts a non-HMO enrollee’s access to
   38  prescription drugs beyond the provisions of paragraph (b)
   39  related specifically to generic equivalents for prescriptions
   40  and the provisions in paragraph (d) related specifically to
   41  starter dose programs or the dispensing of long-term maintenance
   42  medications. The prior authorization program expanded pursuant
   43  to section 8 of the 1998-1999 General Appropriations Act is
   44  hereby terminated. If this section conflicts with any General
   45  Appropriations Act or any act implementing a General
   46  Appropriations Act, the Legislature intends that the provisions
   47  of this section shall prevail. This section shall take effect
   48  upon becoming law.
   49         Section 3. This act shall take effect January 1, 2019.