A Bill that is making its way through the Florida legislature contains a critical “Any Willing Pharmacy Law” component that, if enacted, would be a significant legal development for Florida pharmacies. Specifically, Florida Senate Bill 742 (SB 742) would amend the Florida Pharmacy Act (the Act) to include a state Any Willing Pharmacy Law, which would represent a significant legislative development. If enacted, any Florida pharmacy willing to accept reasonable terms and conditions proposed by a pharmacy benefit manager (“PBM”) must be admitted into the PBM’s network.
Florida’s Any Willing Pharmacy Law (“FAWPL”), if enacted, would serve as a state-based corollary to Medicare’s Any Willing Provider Law (“AWPL”). The two laws combined would offer a dual layer of protection for Florida pharmacies. Currently, Medicare’s AWPL requires PBMs to admit willing qualified Medicare providers that meet the terms and conditions of participation under the prescription drug plan and are not already in the PBMs’ corresponding networks.
The FAWPL would function similarly to Medicare’s AWPL by requiring PBMs to admit any provider, in this context a pharmacy provider, willing to accept the PBMs’ reasonable terms and conditions governing participation in the PBM’s pharmacy networks. Thus, if the law is enacted, Florida pharmacies would be shielded from improper denials and terminations in connection with PBM pharmacy networks as PBMs would be limited in their ability to exclude willing pharmacies from their networks. This would be a substantial development and improvement for Florida pharmacies and the importance of this law being advanced and enacted cannot be understated.
How Frier Levitt Can Help
Frier Levitt represents numerous pharmacies across the United States in challenging PBM audits, network access, reimbursement practices. Our attorneys have extensive knowledge on all aspects of the pharmacy-PBM relationship. Contact us today to speak with an attorney about how your pharmacy can leverage the various laws and protections afforded to pharmacies, including Florida’s current PBM laws in addition to federal laws which regulate PBM conduct.
