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Florida Office of Insurance Regulation · October 7, 2026 · Primary source

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Score 50PRIMARYregulatoryState insurance deptFL

Summary

The Florida Office of Insurance Regulation issued an industry notice reminding health insurers, managed care organizations, pharmacy benefit managers, and other covered health entities of their obligations under Florida Statutes Section 252.358 following Governor DeSantis's emergency declaration for 25 counties affected by Tropical Storm Isaias. The notice requires covered entities to waive time restrictions on prescription refills, suspend electronic refill-too-soon edits, and authorize payment for at least a 30-day supply regardless of most recent fill date for residents of affected counties. The mandate remains in effect until the Governor's Executive Order is rescinded or expires.

What this may mean

Health insurers, MCOs, and PBMs licensed in Florida must immediately waive early-refill restrictions and authorize 30-day prescription supplies for members in the 25 named counties for the duration of Executive Order 26-202. Non-compliance with Section 252.358 creates regulatory exposure before the Florida OIR, which has primary enforcement authority over licensed health entities. The requirement applies to all prescription medications, not only those related to the emergency.

Informational only. Not legal, medical, financial, or other professional advice. Always consult a qualified professional familiar with your specific facts before relying on any item.

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