Redefining the term “health insurer” as “utilization review entity” and revising the definition; requiring utilization review entities to establish and offer a prior authorization process for accepting electronic prior authorization requests; specifying additional requirements and procedures for, and restrictions and limitations on, utilization review entities relating to prior authorization for covered health care benefits, etc.

 

Status: Neither bill has had a committee hearing as of yet.

 

Creating a rebuttable presumption that a lodestar fee is a sufficient and reasonable attorney fee in most civil actions; reducing the statute of limitations for negligence actions; providing standards for bad faith actions; providing standards for the admissibility of evidence to prove the cost of damages for medical expenses in certain civil actions; providing that a party in a negligence action who is at fault by a specified amount may not recover damages under a comparative negligence action, etc. This is the Governors Tort Reform package supported by the business community.

 

Status: SB 236 has passed all committees and is ready for floor action. HB 837 has passed the House.

Creates an exception from step-therapy prior authorization requirements within the Florida Medicaid program for a drug product that is prescribed for the treatment of a serious mental illness, as that term is defined in the bill, or a medication of a similar drug class if prior authorization was previously granted for the prescribed drug and the medication was dispensed to the patient during the previous 12 months.

 

Status: SB 112 has cleared two committees. HB 183 has not had a hearing yet.

 

1. The bill provides that if someone other than an allopathic or osteopathic physician attaches to his or her name any of the titles or designations listed in the bill, in an advertisement or in a manner that is misleading, deceptive, or fraudulent, the person is practicing medicine or osteopathic medicine without a license.

 

2. The bill amends s. 456.072(1)(t), F.S., to provide that a practitioner’s failure to wear a name tag, which must include his or her name and profession, when treating or consulting with a patient, is grounds for discipline unless he or she is in his or her office where the practitioner’s license is prominently displayed in a conspicuous area, and the practitioner must verbally identify himself or herself to all new patients by name and profession.

 

3. The bill further amends s. 456.072(1)(t), F.S., to provide that any advertisement naming a practitioner must include the practitioner’s profession and educational degree and to require practitioner regulatory boards, or the Department of Health (DOH) if there is no board, to adopt rules to determine how their practitioners must comply with this paragraph of statute.

 

Status: SB 230 has passed the Senate. HB 583 has not had a hearing yet.

Formally recognizes Audio-Only services in the statutory definition of telehealth services.

Status: SB 298 passed two committees and has one to go. HB 267 has not had a hearing yet.

 

Requiring certain health insurance identification cards to include specified information in a certain manner, including information on the type of plan and where patients can submit coverage complaints or concerns to the appropriate regulatory body.

Status: Neither bill has received a committee hearing as of yet.

 

Bills would increase the fee schedule for treating workers compensation patients to 200% of Medicare and increase the hourly expert witness fee set in statutes to $300.

 

Status: Neither bill has received a committee hearing as of yet.

 

Protection from Surgical Smoke; Defining the terms “smoke evacuation system” and “surgical smoke”; requiring hospitals and ambulatory surgical centers to, by a specified date, adopt and implement policies requiring the use of smoke evacuation systems during certain surgical procedures, etc. Effective Date: 7/1/2023

 

Status: SB has passed 2 committees but has not had a hearing in the House as of yet.

 

Revises staff membership & clinical privileges for advanced practice registered nurses by removing a restriction for Autonomous APRN’s to only work in Primary Care; revises practice requirements for autonomous advanced practice registered nurse; revises practice requirements for certified nurse midwifes; authorizes autonomous advanced practice registered nurse to perform certain acts; provides for expiration of Council on Advanced Practice Registered Nurse Autonomous Practice. Effective Date: July 1, 2023

 

Status: HB 1067 has its first hearing on March 22^nd. The Senate Bill has not been heard yet.

 

Increasing the statutory limits on liability for tort claims against the state and its agencies and subdivisions; prohibiting an insurance policy from conditioning payment of benefits on the enactment of a claim bill; specifying that the limitations in effect on the date a final judgment is entered apply to that claim; requiring the Department of Financial Services to adjust the limitations on tort liability every year after a specified date, etc. Effective Date: 10/1/2023

 

Status: The House Bill was Temporarily Postponed on March 15^th likely ending consideration of this bill this year. The Senate Bill has not received a hearing.

 

The House and Senate bills differ, but both would prohibit physicians from performing or providing gender clinical interventions to a minor. Both versions also require specific informed consent be given to adults who seek a gender intervention. The House bill provides for expanded civil liability for violating the new requirements/prohibitions. The Senate bill imposes criminal liability for doing so.

 

Status: SB has passed one committee and in final committee on 3/23. The House Bill has it’s first hearing on 3/22.

Both the House and Senate version combine the concept of the “rights of medical conscience” legislation from last year with a version of last year’s “physician free speech” bill. Physicians, hospitals and insurance companies (payors) would be able to opt out of participation in or payment for any health care service because of a conscience-based objection. The Board of Medicine would be prohibited from disciplining a physician because of a written or spoken comment about a health care service unless the communication was provided as medical advice to a specific patient. The House bill would prohibit a specialty organization (ABMS) from taking similar action. The Senate bill only applies to the state boards and would not affect ABMS or any specialty organization.

 

Status: Neither bill has received a hearing as of yet.

Reenacts and expands on existing statutes governing COVID-19 vaccine mandates. Prohibits any business from requiring customers or employees to have the COVID vaccine. Prohibits hospitals from interfering in COVID-19 treatment options. Requires health care providers to have approved facial covering policies. The bill has a physician free speech section similar to the one in the medical conscience bill above. Imposes certain informed consent requirements on physicians treating COVID-19 patients.

 

Status: Neither bill has received a hearing as of yet.

 

Changes the 15 week gestational age ban on performing abortions to 6 weeks. There is an exception for rape and incest up to 15 weeks. Provides that only a physician may dispense abortion-inducing drugs, and must be physically present in the room with the patient when dispensing such. Provides that a physician may not use telehealth to provide an abortion.

 

Status: SB passed one committee, has one to go. HB has passed one committee and has one to go.

 

Loan Forgiveness for Physicians – seeking $6 million to continue program started in 2023.

Stop the Bleed – seeking $1.5 million to fund kits in public facilities including schools.