Governor Ron DeSantis issued Executive Order 22-164 on Friday to drive transparency in prescription costs for Floridians. The purpose of the order is to ensure reforms are in place to hold Pharmacy Benefits Managers (PBMs) accountable when managing prescription drug benefits for insurance companies.

“Florida continues to lead the nation in ensuring accountability in the health care industry and in introducing reforms to combat rising prescriptions costs,” said Governor Ron DeSantis. “This executive order requires accountability and transparency for pharmaceutical middlemen when doing business with the state, thereby reducing the upward pressure on prescription drug costs.”

“For far too long leaders have chosen the path of inaction, rather than action, and fallen victim to a pharmaceutical system driven by drug companies rather than consumers,” said Agency for Health Care Administration Secretary Simone Marstiller. “Today’s actions will provide insight into the FDA’s review process and all agency health care contracts through the end of the decade.”

The Executive Order directs all executive agencies to include provisions in all future contracts and solicitations with these PBMs, services that include the following:
• Prohibit spread pricing for all PBMs;
• Prohibit reimbursement clawbacks for all PBMs;
• Directs agencies to include data transparency and reporting requirements, including a review of all rebates, payments, and relationships between pharmacies, insurers, and manufacturers; and
• Directs all impacted agencies to amend all contracts to the extent feasible with these same provisions.

A copy of Executive Order 22-164 can be found HERE.
The state’s Canadian Prescription Drug Importation program has been under review by the FDA for nearly 600 days. Governor DeSantis also announced today that the Agency for Health Care Administration (AHCA) filed a Freedom of Information Act (FOIA) request to gain insight into the status of their proposal to lower drug costs for Floridians.  Governor DeSantis has granted AHCA authority to negotiate prices for drugs ineligible for importation, such as insulin and epinephrine.

According to the state, this will reinforce the demand for Florida’s Canadian Prescription Drug Importation Program and provide another avenue to impact the price Floridians pay for prescription drugs.