Florida Workers’ Compensation Rulemaking Begins on Florida Physician-Dispensed Repackaged/Relabeled Drugs

Aug 8, 2013


The Florida Division of Workers’ Compensation (“Division”) held a Rule Development Workshop today, August 8, 2013, to address the issue of reimbursement for physician-dispensed repackaged/relabeled prescription medications under Chapter 440, F.S. 

The Workshop represented the first step in developing regulations that take into account amendments to Chapter 44.13 (12) (c) and (d), F.S. enacted in CS/SB 662, which became effective on July 1, 2013. 

Division Assistant Director Andrew Sabolic and Office of Medical Services Program Administrator Eric Lloyd provided most of the comments on behalf of the Division.  Although text of the proposed Rules was not provided at the Workshop, a draft concept of how to effectuate the new law was distributed–a copy of which is attached for review. 

Once interested parties have had an opportunity to provide input, the Division will issue the draft Rules.  The two Rules under consideration are:

69L-7.020   Florida Workers’ Compensation Health Care Provider Reimbursement Manual
69L-7.602   Florida Workers’ Compensation Medical Services Billing, Filing and Reporting Rule

Mr. Sabolic noted that the Division’s intent is to implement the most efficient and least costly implementation of the billing, payment adjudication and reporting requirements in the new reimbursement provisions. 

Mr. Lloyd reviewed CS/SB 662, noting that rulemaking is necessary to implement its provisions.  The forthcoming Rules will make changes to Form CMS- 1500 (“Form”).  As the new form is developed, the old form will continue to be used.  The Division anticipates some overlap with the two forms.  Meanwhile, the goal will be to keep both as uniform as possible. 

Attached are three revisions to the Form that were discussed during the Workshop (see the attachment labeled “forms”).  The consensus was to use the Form on page two of the attached.  The Division encouraged written comments and/or draft proposed Rules from any interested party.

The record for this Workshop will remain open until Monday, August 19 for comments and/or proposed Rule language. 

Next, the Division will issue a Notice of Proposed Rule Hearing.  At that time, interested parties will be able to comment on the proposed Rules.



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