A group of Florida workers’ compensation insurance companies is questioning the legitimacy of a government policy that they claim is wrongly requiring doctors and other providers to give doctors and other providers the right to dispense medications to injured workers.
The insurers said in a challenge submitted last week to the department for administrative hearings that the department for work injury compensation maintains a two-year-old non-adopted rule.
DWC said in a bulletin from March 2020 that payers may not refuse prescriptions for prescription drugs simply because they have been dispensed by the attending physician.
Injured workers have the right to have a prescription prescribed by a doctor, the bulletin states. And Florida law explicitly allows the dispensation of drugs to injured workers and provides a method for determining compensation.
“Failure to approve and / or reimburse prescription drugs solely because the drug is or will be dispensed by a licensed physician in Florida instead of a pharmacist interferes with the full, free and absolute choice of the sick or injured employee and, therefore, violates the law. , ”Said the division.
The insurance companies are asking the division to annul what they call an unadopted agency rule.
“DWC has not finalized regulations to adopt this policy as a rule, but nevertheless applies this statement to all employees̵7; compensation carriers,” reads the challenge. “DWC further demands that all carriers comply with this statement and informs carriers through their judgment decisions that carriers who do not comply with this will be subject to sanctions and penalties of up to $ 100,000.”
Insurers submitting the challenge include Normandy Insurance Co., Zenith Insurance Co., Bridgefield Employers Insurance Co., Bridgefield Casualty Insurance Co., BusinessFirst Insurance Co. and RetailFirst Insurance Co.
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