The direction of Governor Ron DeSantis (R-FL), the Florida Agency for Health Care Administration (AHCA) filed an amicus brief in support of the U.S. Department of Health and Human Services (HHS) final rule implementing the Section 804 Importation Proposal (SIP). DeSantis has since urged the Biden Administration to approve his recent proposal to continue the program and keep prescription drug prices down.
In the previous administration, President Donald Trump (R) tasked the HHS to work with Florida to fully implement provisions of the 2003 Medicare Prescription Drug, Improvement, and Modernization Act in 2019.
Before HHS could issue the final rule, Congress required the Secretary of HHS to certify that the implementation of Section 804 would: Pose no additional risk to the public’s health and safety; and result in a significant reduction in the cost of covered products to the American consumer. Then-Secretary Alex M. Azar II provided the requisite certification.
On November 23, 2020, the Council for Affordable Coverage filed suit, challenging the final rule. The governor announced that AHCA submitted its comprehensive Section 804 Importation Proposal to HHS.
Now last Friday, Governor DeSantis called on the Biden Administration to approve the proposal, issuing a statement:
"Today’s filing reinforces Florida’s position — that the lawsuit is another desperate attempt by Big Pharma to prevent the importation of safe and effective prescription drugs from Canada,” said Governor Ron DeSantis.“Floridians have been waiting long enough for lower prescription drug prices, and it is unnecessary to keep them waiting. I look forward to the dismissal of the suit and the immediate approval of Florida’s plan by the federal government."
