Florida Senate - 2025 SB 1676
By Senator Smith
17-00656C-25 20251676__
1 A bill to be entitled
2 An act relating to diabetes management; creating s.
3 385.2035, F.S.; requiring the Department of Health to
4 create and maintain a website; specifying requirements
5 for such website; requiring federally qualified health
6 centers or covered entities to make a good faith
7 effort to schedule appointments within a specified
8 timeline; authorizing the department to adopt rules;
9 amending s. 465.0275, F.S.; defining terms;
10 authorizing a pharmacist to prescribe and dispense a
11 30-day supply of insulin drugs, glucagon drugs,
12 diabetes devices, and diabetic ketoacidosis devices
13 under certain circumstances; prohibiting a pharmacist
14 from requiring patients to pay more than a certain
15 amount for such drugs and devices; requiring
16 pharmacists to provide a specified website address to
17 certain patients; providing construction; requiring
18 the department to provide a certain notice to all
19 pharmacists; creating ss. 627.64081, 627.65746, and
20 641.31078, F.S.; defining terms; requiring health
21 insurance policies and health maintenance contracts,
22 respectively, to provide coverage for laboratory and
23 diagnostic testing and screening for diabetes under
24 certain circumstances; prohibiting health insurance
25 policy and health maintenance contracts from exposing
26 certain cost-sharing requirements; providing
27 applicability; amending s. 893.055, F.S.; requiring a
28 dispenser to report to the electronic health
29 recordkeeping system certain drugs and devices
30 dispensed; defining terms; providing an effective
31 date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 385.2035, Florida Statutes, is created
36 to read:
37 385.2035 Website for persons referred to a federally
38 qualified health center.—
39 (1) The Department of Health shall create and maintain a
40 website to collect information from, and provide information to,
41 persons who may benefit from referrals to a federally qualified
42 health center, including persons who were provided the website
43 address under s. 465.0275(3)(d). The website must, at a minimum,
44 do all of the following:
45 (a) Allow persons to submit their name, address, age,
46 contact details, income, race, diabetes diagnosis status, and
47 prescribed outpatient diabetes medications.
48 (b) Enable the department to do all of the following:
49 1. Determine whether the listed medications are covered
50 outpatient drugs available at a reduced cost through a federally
51 qualified health center or another covered entity.
52 2. Provide persons with the name, address, and phone number
53 of relevant federally qualified health centers or other covered
54 entities and general information about health care services
55 available at these centers, including how to access primary
56 care.
57 3. Share a person’s name, contact details, and referral
58 status with the recommended federally qualified health center or
59 covered entity.
60 (2) Each federally qualified health center or covered
61 entity that receives a person’s name, contact information, and
62 referral from the Department of Health must make a good faith
63 effort to schedule an appointment for that person within 30 days
64 after receiving the information.
65 (3) The Department of Health may adopt rules to implement
66 this section.
67 Section 2. Subsection (3) is added to section 465.0275,
68 Florida Statutes, to read:
69 465.0275 Emergency prescription refill.—
70 (3)(a) As used in this subsection, the term:
71 1. “Diabetes device” means a device, including, but not
72 limited to, a blood glucose test strip, a glucometer, a
73 continuous glucometer, a lancet, a lancing device, or an insulin
74 syringe, used to cure, diagnose, mitigate, prevent, or treat
75 diabetes or low blood sugar.
76 2. “Diabetic ketoacidosis device” means a device used to
77 screen for or prevent diabetic ketoacidosis.
78 3. “Glucagon drug” means a drug that contains glucagon
79 which is prescribed for self-administration on an outpatient
80 basis and approved by the federal Food and Drug Administration
81 to treat low blood sugar.
82 4. “Insulin drug” means a drug, including, but not limited
83 to, an insulin pen, which contains insulin and is prescribed for
84 self-administration on an outpatient basis and approved by the
85 federal Food and Drug Administration to treat diabetes.
86 (b) Notwithstanding subsections (1) and (2), if a patient
87 informs a pharmacist that he or she has less than a 7-day supply
88 of any insulin drug, glucagon drug, diabetes device, or diabetic
89 ketoacidosis device, the pharmacist may immediately prescribe
90 and dispense up to a 30-day supply of such drugs or devices if
91 all of the following conditions are met:
92 1. In the pharmacist’s professional judgment, the patient
93 is likely to suffer significant physical harm within 7 days if
94 the drugs or devices are not obtained.
95 2.a. The pharmacist has reviewed the prescription drug
96 monitoring program pursuant to s. 893.055 and determined that no
97 pharmacist has prescribed the drugs or devices to the patient
98 within the past 12 months;
99 b. The pharmacist has contacted the pharmacy that filled
100 the patient’s most recent prescription for the drugs or devices
101 and has confirmed that that no pharmacist has prescribed the
102 drugs or devices to the patient within the past 12 months; or
103 c. The electronic prescription drug monitoring program is
104 unavailable.
105 3. No later than 72 hours after the pharmacist dispenses
106 the drugs or devices, the pharmacist or the pharmacist’s
107 representative provides notice to the practitioner who, other
108 than the pharmacist, most recently prescribed the drugs or
109 devices to the patient.
110 4. The patient pays for, or has health insurance coverage
111 for, the drugs or devices.
112 (c) A pharmacist who prescribes and dispenses the drugs and
113 devices as described under this subsection may not require the
114 patient to pay more than the amount the coinsurance, copayment,
115 deductible, or other out-of-pocket expense that the patient’s
116 health insurance coverage imposes or, if the patient does not
117 have health insurance, the usual customary charge for the drugs
118 or devices.
119 (d) If a patient requests drugs or devices under this
120 subsection and the pharmacist determines that the patient does
121 not have health insurance coverage for the drugs or devices or
122 the patient informs the pharmacist that the patient is concerned
123 that the net cost to the patient for such supply of the drugs or
124 devices is unaffordable, the pharmacist must provide such
125 patient the Department of Health’s website address as specified
126 in s. 385.2035.
127 (e) This subsection may not be construed to prohibit a
128 pharmacist from requiring a patient to submit to the pharmacist,
129 before the pharmacist prescribes or dispenses a supply of the
130 drugs or devices, proof of health insurance coverage for the
131 patient, personal identification for the patient, contact
132 information for a health care provider providing treatment to
133 the patient, information concerning previous prescriptions
134 issued to the patient for the insulin drug, glucagon drug,
135 diabetes devices or diabetic ketoacidosis device, a sworn
136 statement by the patient stating that the patient is unable to
137 timely obtain the insulin drug, glucagon drug, diabetes device,
138 or diabetic ketoacidosis device that the patient is seeking
139 pursuant to this subsection without suffering significant
140 physical harm, and any amount required by the pharmacist under
141 paragraph (b).
142 (f) No later than October 1, 2025, the department must
143 provide notice to all pharmacists regarding the requirements of
144 this section.
145 Section 3. Section 627.64081, Florida Statutes, is created
146 to read:
147 627.64081 Coverage for diabetes drugs and devices.—
148 (1) As used in this section, the term:
149 (a) “Cost-sharing requirement” means an insured’s
150 deductible, coinsurance, copayment, or similar out-of-pocket
151 expense.
152 (b) “Diabetes device” means a device, including, but not
153 limited to, a blood glucose test strip, a glucometer, a
154 continuous glucometer, a lancet, a lancing device, or an insulin
155 syringe, used to cure, diagnose, mitigate, prevent, or treat
156 diabetes or low blood sugar.
157 (c) “Diabetic ketoacidosis device” means a device that is
158 used to screen for or prevent diabetic ketoacidosis.
159 (d) “Glucagon drug” means a drug that contains glucagon
160 which is prescribed for self-administration on an outpatient
161 basis and approved by the federal Food and Drug Administration
162 to treat low blood sugar.
163 (e) “Insulin drug” means a drug, including, but not limited
164 to, an insulin pen, which contains insulin and is prescribed for
165 self-administration on an outpatient basis and approved by the
166 federal Food and Drug Administration to treat diabetes.
167 (f) “Laboratory and diagnostic testing and screening for
168 diabetes” includes hemoglobin A1C testing and retinopathy
169 screening.
170 (g) “Noninsulin drug” means a drug, including, but not
171 limited to, a glucagon drug, glucose tablet or glucose gel, that
172 does not contain insulin and is approved by the federal Food and
173 Drug Administration to treat diabetes.
174 (2) A health insurance policy must provide coverage for
175 laboratory and diagnostic testing and screening for diabetes if
176 such testing and screening is covered under the policy, subject
177 to the same policy provisions that apply to other covered
178 services.
179 (3) A health insurance policy may not impose a cost-sharing
180 requirement that exceeds $35 for a 30-day supply of an insulin,
181 noninsulin, or glucagon drug or $100 for a 30-day supply of all
182 medically necessary covered diabetes and diabetic ketoacidosis
183 devices.
184 (4) This section applies to all health insurance policies
185 delivered, issued, renewed, or amended on or after January 1,
186 2026.
187 Section 4. Section 627.65746, Florida Statutes, is created
188 to read:
189 627.65746 Coverage for diabetes drugs and devices.—
190 (1) As used in this section, the term:
191 (a) “Cost-sharing requirement” means an insured’s
192 deductible, coinsurance, copayment, or similar out-of-pocket
193 expense.
194 (b) “Diabetes device” means a device, including, but not
195 limited to, a blood glucose test strip, a glucometer, a
196 continuous glucometer, a lancet, a lancing device, or an insulin
197 syringe, used to cure, diagnose, mitigate, prevent, or treat
198 diabetes or low blood sugar.
199 (c) “Diabetic ketoacidosis device” means a device that is
200 used to screen for or prevent diabetic ketoacidosis.
201 (d) “Glucagon drug” means a drug that contains glucagon
202 which is prescribed for self-administration on an outpatient
203 basis and approved by the federal Food and Drug Administration
204 to treat low blood sugar.
205 (e) “Insulin drug” means a drug, including, but not limited
206 to, an insulin pen, which contains insulin and is prescribed for
207 self-administration on an outpatient basis and approved by the
208 federal Food and Drug Administration to treat diabetes.
209 (f) “Laboratory and diagnostic testing and screening for
210 diabetes” includes hemoglobin A1C testing and retinopathy
211 screening.
212 (g) “Noninsulin drug” means a drug, including, but not
213 limited to, a glucagon drug, glucose tablet, or glucose gel,
214 that does not contain insulin and is approved by the federal
215 Food and Drug Administration to treat diabetes.
216 (2) A health insurance policy must provide coverage for
217 laboratory and diagnostic testing and screening for diabetes if
218 such testing and screening is covered under the policy, subject
219 to the same policy provisions that apply to other covered
220 services.
221 (3) A health insurance policy may not impose a cost-sharing
222 requirement that exceeds $35 for a 30-day supply of an insulin,
223 noninsulin, or glucagon drug or $100 for a 30-day supply of all
224 medically necessary covered diabetes and diabetic ketoacidosis
225 devices.
226 (4) This section applies to all health insurance policies
227 delivered, issued, renewed, or amended on or after January 1,
228 2026.
229 Section 5. Section 641.31078, Florida Statutes, is created
230 to read:
231 641.31078 Coverage for diabetes drugs and devices.—
232 (1) As used in this section, the term:
233 (a) “Cost-sharing requirement” means an insured’s
234 deductible, coinsurance, copayment, or similar out-of-pocket
235 expense.
236 (b) “Diabetes device” means a device, including, but not
237 limited to, a blood glucose test strip, a glucometer, a
238 continuous glucometer, a lancet, a lancing device, or an insulin
239 syringe, used to cure, diagnose, mitigate, prevent, or treat
240 diabetes or low blood sugar.
241 (c) “Diabetic ketoacidosis device” means a device that is
242 used to screen for or prevent diabetic ketoacidosis.
243 (d) “Glucagon drug” means a drug that contains glucagon
244 which is prescribed for self-administration on an outpatient
245 basis and approved by the federal Food and Drug Administration
246 to treat low blood sugar.
247 (e) “Insulin drug” means a drug, including, but not limited
248 to, an insulin pen, which contains insulin and is prescribed for
249 self-administration on an outpatient basis and approved by the
250 federal Food and Drug Administration to treat diabetes.
251 (f) “Laboratory and diagnostic testing and screening for
252 diabetes” includes hemoglobin A1C testing and retinopathy
253 screening.
254 (g) “Noninsulin drug” means a drug, including, but not
255 limited to, a glucagon drug, glucose tablet, or glucose gel,
256 that does not contain insulin and is approved by the federal
257 Food and Drug Administration to treat diabetes.
258 (2) A health maintenance contract must provide coverage for
259 laboratory and diagnostic testing and screening for diabetes if
260 such testing and screening is covered under the policy, subject
261 to the same policy provisions that apply to other covered
262 services.
263 (3) A health maintenance contract may not impose a cost
264 sharing requirement that exceeds $35 for a 30-day supply of an
265 insulin, noninsulin, or glucagon drug or $100 for a 30-day
266 supply of all medically necessary covered diabetes and diabetic
267 ketoacidosis devices.
268 (4) This section applies to all health maintenance contract
269 delivered, issued, renewed, or amended on or after January 1,
270 2026.
271 Section 6. Present subsection (16) of section 893.055,
272 Florida Statutes, is redesignated as subsection (17), a new
273 subsection (16) is added to that section, and paragraph (c) of
274 subsection (4) of that section is amended, to read:
275 893.055 Prescription drug monitoring program.—
276 (4) The following persons must be provided direct access to
277 information in the system:
278 (c) The program manager or designated program and support
279 staff to administer the system.
280 1. In order to calculate performance measures pursuant to
281 subsection (14), the program manager or program and support
282 staff members who have been directed by the program manager to
283 calculate performance measures may have direct access to
284 information that contains no identifying information of any
285 patient, physician, health care practitioner, prescriber, or
286 dispenser.
287 2. The program manager or designated program and support
288 staff must provide the department, upon request, data that does
289 not contain patient, physician, health care practitioner,
290 prescriber, or dispenser identifying information for public
291 health care and safety initiatives purposes.
292 3. The program manager, upon determining a pattern
293 consistent with the department’s rules established under
294 subsection (17) (16), may provide relevant information to the
295 prescriber and dispenser.
296 4. The program manager, upon determining a pattern
297 consistent with the rules established under subsection (17) (16)
298 and having cause to believe a violation of s. 893.13(7)(a)8.,
299 (8)(a), or (8)(b) has occurred, may provide relevant information
300 to the applicable law enforcement agency.
301
302 The program manager and designated program and support staff
303 must complete a level II background screening.
304 (16) In the manner prescribed for controlled substances
305 provided under this section, each dispenser shall report to the
306 system all insulin drugs, glucagon drugs, diabetes devices, and
307 diabetic ketoacidosis devices dispensed. The terms “insulin
308 drug,” “glucagon drug,” “diabetes device,” and “diabetic
309 ketoacidosis device” have the same meaning as in s.
310 465.0275(3)(a).
311 Section 7. This act shall take effect July 1, 2025.