The Florida Division of Workers’ Compensation (DWC) has updated administrative code 69L-7.730 | Health Care Provider Medical Billing and Reporting Responsibilities to align physician dispensing rules with a court ruling made earlier this year.

On February 25th, the Florida First District Court of Appeal ruled in the case of Publix Super Markets, Inc. et al. v. Department of Financial Services (Case No. 1D2023 0941), that injured workers’ statutory right to choose where they obtain prescription medications applies only to pharmacies and pharmacists – not to physicians who dispense drugs directly from their offices.

Accordingly, carriers may deny authorization or reimbursement for physician dispensed medications without violating section 440.13(3)(j), even where the medication is otherwise medically necessary and appropriate. However, this decision does not prohibit physician dispensing, nor does it change the statutory reimbursement rates when a physician dispensed drug is otherwise authorized.

In response, the DWC has now officially adopted rules updates to align with the court ruling. The final amendments to Rules 69L-7.730 and 69L-7.740 have officially removed physician-dispensed medication billing and reimbursement provisions. 

These changes will take effect September 2, 2026.