Greetings, just an update on the 1st DCA’s decision to strike down the Division of WC’s rule to prevent carriers from denying dispensing by practitioners.
(Join our webinar to discuss this and other hot topics Monday, 3/23 at 11:00-11:30, RSVP to EG@eraclides.com)
The window for the Division to request a rehearing by the 1st DCA or hearing en banc has expired, but there still is about 12 days for a potential request for the Florida Supreme Court to hear the case (30 days from day after the order, 2/25/26). The FL Supreme Ct would have discretionary authority to hear the case, which means they would only accept the case if they felt it was a matter of great public importance. My humble opinion is, if the Division does appeal to the FL Supreme Court, they will not hear the case.
So this may be the final word, but we will know for certain in a few days.
To be clear, the case does not ban physician dispensing. In fact, on page 12 the 1st DCA say “ {f}or example, a carrier could choose to authorize an injured employee to receive medication from a dispensing practitioner.” The case strikes the rule that says we cannot deny a prescription simply because it was not filled by a pharmacist or pharmacy. Now, once clearly final, you will be able to not authorize the physician to dispense.
In the interim while we await the finality, if there are practitioners that are clearly abusing dispensing, you may want to start the process of de-authoring their ability to do so. I am always available to discuss.
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Sincerely,
Morgan Indek | Managing Partner