As a result of the special session convened last week, Gov. Asa Hutchinson (R) signed into law a PBM licensure bill that grants power to the state’s Insurance Department to regulate how PBMs operate in the state.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
The legislature adjourned last week. Of note, HB 21, sponsored by Rep. Jim Boyd (R), was signed by Gov. Rick Scott (R) on March 20. Included in the many provisions of the bill, effective, Sunday, July 1, specific to controlled substances, the bill requires the dispenser check the identification of unknown persons prior to dispensing. Additionally, the bill imposes a three-day supply limit with an exception for a seven-day supply if certain criteria are met, and requires that the prescriber or dispenser must consult the prescription drug monitoring system to review a patient’s controlled substance dispensing history before prescribing or dispensing a controlled substance for a patient age 16 years or older. This requirement does not apply when prescribing or dispensing a nonopioid controlled substance listed in Schedule V in Federal Regulations.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
The General Assembly adjourned the 2018 Legislative Session on March 14. Two bills related to opioids that were of concern to pharmacy did not advance. SB 338 would have required the Department of Health to establish a statewide drug takeback program. The bill did not receive a committee hearing. SB 339, which was reported from committee, but not taken up by the full Senate, would have mandated that pharmacists dispense all Schedule II controlled substances in lockable vials. NACDS supported the Indiana Retail Council’s efforts to represent pharmacies’ concerns with both proposals.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
The Department of Health (LDH) announced that Mercer will be conducting a mandatory cost of dispensing survey in mid-April 2018.
Also in Louisiana…LDH is hosting public forums across the state to solicit input on the Medicaid Managed Care program adopted in 2012.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
SB 2296, sponsored by Sen. Dean Kirby(R), was signed by Gov. Phil Bryant (R) on March 5. Effective Tuesday, January 1, 2019, this bill requires any health plan that provides coverage for prescription drugs to permit and apply a pro-rated daily cost-sharing rate to prescriptions dispensed by a network pharmacy for a partial supply if the prescribing provider or pharmacist determines the fill or refill is in the best interest of the enrollee and the enrollee requests or agrees to a partial supply. The bill also prohibits health plans from denying coverage for partial fills as authorized by the measure and prohibits pro-rated dispensing fees.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Engrossed Substitute—ESHB 1047—has been signed by Gov. Jay Inslee (D), creating a statewide, voluntary, drug take-back program, funded by manufacturers. The newly enacted legislation also includes local pre-emption and sunsets in 2029.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
The West Virginia Legislature adjourned last week, with several bills of interest to pharmacy headed to the Governor’s desk for signature:
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
NACDS and the California Retailers Association are seeking clarification from the Board of Pharmacy on inventory reconciliation reporting requirements scheduled to be implemented on Sunday, April 1.
Also in California…EZIZ is the e-learning and resource website for California’s VFC (Vaccines for Children) Program. It offers an online toolkit with information and resources for pharmacists providing immunization services. The website is operated by the California Department of Public Health and includes a Pharmacy Resources webpage. The link is also on the Vaccinations webpage at the Board of Pharmacy website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Both the Assembly and the Senate reacted this week to the governor’s budget proposal that would impose a tax on opioids sold in the state. Although characterized as a tax on manufacturers, the proposal would in many cases be a tax on pharmacy since it would require that the establishment that makes the first sale of the product in New York to pay the tax with no ability to pass it on. Given that pharmacies often make the first sale, this proposal would greatly impact pharmacies. Fortunately, while the Assembly’s budget proposal does retain the governor’s opioid tax, it specifies that for calculating the first sale for tax purposes, the state cannot include any sales to pharmacies. The Senate budget proposal totally eliminates the tax proposal. This issue will now go to a conference of the Assembly, Senate and the governor’s office to be resolved before the Sunday, April 1 budget deadline.
Also in New York…After a year of discussions with Medicaid staff, numerous meetings with legislative leadership and key Administration staff, as part of the New York State budget proposal, the Governor recommended an eight-cent increase in the Medicaid fee-for-service professional dispensing fee raising the fee from $10.00 to $10.08. This week, both the Assembly and the Senate concurred with the increase.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.