What Florida's law requires
Fla. Stat. 252.358, "Emergency-preparedness prescription medication refills," applies to "all health insurers, managed care organizations, and other entities" licensed by the Florida Office of Insurance Regulation that provide prescription coverage as part of a policy or contract. They must:
- waive time limits on refills, including turning off "refill too soon" edits at pharmacies, so you can refill in advance if you have authorized refills left;
- pay pharmacies for at least a 30-day supply, no matter when you last filled the prescription.
It applies when you live in a county that is:
- under a hurricane warning from the National Weather Service;
- under a state of emergency declared in an executive order by the Governor; or
- has activated its emergency operations center and emergency management plan.
You must ask within 30 days after those conditions begin, or while they last. The Office of Insurance Regulation can extend that in 15- or 30-day steps.
How Medicare drug plans handle it
The statute doesn't name Medicare. Part D plans and Medicare Advantage drug plans are run under federal rules, so don't assume the state law reaches yours. In guidance to Part D plans (2017), CMS said that when the President declares a major disaster or emergency, or HHS declares a public health emergency, and access to drugs is likely to be disrupted, it expects plans to lift refill-too-soon edits and allow the maximum extended supply if requested.
Medicare.gov says that in a declared area your plan can help you find another network pharmacy, replace lost or damaged drugs, use an out-of-network pharmacy when you can't reasonably reach one in network, and get a 60- to 90-day supply.
A hurricane warning often comes before any presidential declaration, so call your plan as soon as a storm threatens your area.
Getting ready before hurricane season
- Ask about 90-day supplies. Ask your plan which drugs and pharmacies allow 90-day fills or mail order.
- Keep refills on file. Make sure your prescriptions have refills remaining; Florida's law needs them.
- Refill when a storm threatens. When a warning is issued, call your pharmacy and plan right away.
If you'd like help checking a plan's pharmacy network during Open Enrollment (through December 7, 2026), you can request a call from a licensed insurance agent. More in hurricanes and Medicare in Florida.
Related questions
What do I do about my medicines if I evacuate?
Pharmacies, receipts and longer supplies.
Is there a special enrollment period after a hurricane?
Who qualifies and when it ends.
What should dialysis patients do in a hurricane?
Your center's plan and ESRD Network 7.
Sources
- Florida Statutes — s. 252.358, emergency-preparedness prescription medication refills
- CMS — Pharmacy Access During a Federal Disaster or Other Public Health Emergency Declaration: Q&As for Part D Plan Sponsors
- Medicare.gov — Getting drugs in a disaster or emergency
- Medicare.gov — Getting care in a disaster or emergency
More questions in this guide
- What should dialysis patients on Medicare do during a Florida hurricane?
- What is Florida's special needs registry and should people on Medicare sign up?
- What do I do about my Medicare prescriptions if I have to evacuate for a hurricane?
- Does Medicare replace oxygen and medical equipment lost in a hurricane?
- Is there a Medicare special enrollment period after a hurricane in Florida?
Part of the guide: Hurricanes and Your Medicare in Florida · All questions
Frequently asked questions
Does Florida's early refill law apply to Medicare Part D?
The statute covers insurers, managed care organizations and other entities licensed by Florida's Office of Insurance Regulation that provide prescription coverage. It doesn't mention Medicare, and Medicare drug plans are mainly governed by federal rules, so ask your Part D or Medicare Advantage plan directly.
What if my prescription has no refills left?
Florida's law applies only when you have authorized refills remaining. Ask your pharmacist and your prescriber for a new prescription before the storm.
How much can I get under Florida's law?
Covered insurers must pay pharmacies for at least a 30-day supply, no matter when you last filled the prescription, if you ask within 30 days after the warning or emergency began or while it lasts.
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