Frier Levitt co-founding partner Jonathan Levitt is featured in an AIS Health article, “Trouble in the Sunshine State: Objections Mount Over Florida’s PBM Law.” The article discusses growing concerns in Florida over the Prescription Drug Reform Act (PDRA).
One year after its enactment, Florida’s PBM reform law is creating compliance challenges for employers and PBMs. Effective January 2024, PDRA bans spread pricing, mandates 100% rebate pass-through to plan sponsors, and prohibits requiring enrollees to fill medications by mail order. It also requires employers to attest to PBM compliance, adding an administrative burden. Additionally, Florida’s Office of Insurance Regulation (OIR) has requested extensive patient prescription data, including names and medications, raising privacy concerns.
Jonathan shares his legal insights throughout the article. He comments on patient privacy, stating, “While the PDRA has the “laudable” goal of reforming PBM practices in the state, the demand for patient information can open the possibility of data breaches.” To this, he sheds light on HIPAA exceptions and the “minimum necessary” standard.
He also concurs, “The spirit of the PDRA should be welcomed by plan sponsors…However, employers should proceed with caution in ‘certifying’ compliance with the law under penalty of perjury.”
Co-Managing Partner