Article ID: ef23ebaa6e409587b5beba839206d8f73fdb009349f540efcec306308c1ea551
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URL: https://www.businessinsurance.com/florida-court-rejects-broader-comp-drug-dispensing-rule/
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Florida court rejects broader comp drug dispensing rule - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Florida court rejects broader comp drug dispensing rule by Louise Esola Workers Comp , Workers Comp Cost Control Feb 26, 2026 A Florida appeals court on Wednesday struck down proposed rules that would have required workers compensation insurers to reimburse medications dispensed by physicians, ruling the measures improperly expanded injured workers’ statutory right to choose a pharmacy. In Publix Super Markets Inc. et al. v. Department of Financial Services, Division of Workers’ Compensation , the Florida First District Court of Appeal in Tallahassee reversed a final order from the Division of Administrative Hearings and set aside rules proposed in 2023. At issue was the interpretation of Florida law granting injured employees a “free, full, and absolute choice” in selecting the “pharmacy or pharmacist” to fill prescriptions. The Department of Financial Services proposed rules stating that insurers could not deny authorization or reimbursement solely because medications were dispensed by licensed “dispensing practitioners,” such as physicians. A group of employers, including Publix, and several insurers challenged the rules as an invalid exercise of delegated legislative authority. The appellate court agreed, finding that the term “pharmacy or pharmacist” does not encompass dispensing practitioners. In the law governing pharmacy practice, the court noted that pharmacists must be licensed under specific statutory requirements, while dispensing practitioners are expressly treated as non-pharmacists who are permitted to dispense drugs under a limited exception. The court also rejected the argument that a separate reimbursement provision for medications dispensed by practitioners altered the meaning of the “absolute choice” language. Concluding that the proposed rules “enlarge, modify, or contravene” the statute, the court held they were invalid under Florida’s Administrative Procedure Act and set aside the final order upholding them. 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