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So far Michael Silber has created 2722 blog entries.

Arkansas

On July 22, Attorney General Tim Griffin (R) filed a lawsuit against drug manufacturers for allegedly illegally restricting patient access to the 340B discount drug program. The lawsuit is based on a law passed in 2021 by the General Assembly (Act 1103) aimed at protecting Arkansas covered entities’ access to 340B discounted drugs. It was the first state law in the country to make it unlawful for drug manufacturers to prohibit covered entities from using contract pharmacies or to deny 340B drug pricing to contract pharmacies used by covered entities. Drug manufacturers challenged Act 1103 as unconstitutional and lost at both the federal district and appellate levels. 

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

2026-07-30T18:13:10-04:00July 30, 2026|Arkansas|

California

A California federal court dismissed PCMA’s challenge to California’s law SB 41 imposing fiduciary duties on PBMs.  PCMA sued California Attorney General Rob Bonta in the US District Court for the Central District of California in January, arguing that this law interferes with self-funded health plans that are federally regulated under ERISA. Bonta argued that PCMA had not demonstrated specifics on how the law would negatively impact their daily business practices and that “other than regulating prohibited transactions, ERISA has nothing to say about plan-service provider relationships.”  Judge Otis D. Wright, II, agreed, saying PCMA’s arguments only amounted to an “abstract theory” of injury by failing to identify specific contract provisions or operational changes PBMs would have to undergo.  “Without such allegations, the Court is left to guess what conduct the statute requires and what burdens it imposes,” he wrote in his opinion dated July 24.  The judge allowed PCMA to file an amended complaint, which the group said in a statement it plans to do. PCMA Counsel Michael Kimberly noted that Wright “recognized that compliance costs and changes to business operations are concrete injuries.” If Judge Wright finds that PCMA’s amended complaint properly states a concrete injury, the case will move forward. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

2026-07-30T18:12:43-04:00July 30, 2026|California|

Colorado

The Board of Pharmacy is holding a pharmacy stakeholder meeting on August 4 at 3:00 pm Mountain time. The purpose of this Stakeholder Meeting is for the Board to receive feedback on proposed revisions on these proposed rules: 

  1. Revisions to Rule 2.00.00. The purpose is to align the controlled substance transfer rule with new federal DEA requirements and clarifications. 
  2. Revisions to Rules 3. The purpose is to implement HB 26-1336. 
  3. Revisions to Rules 10.00.00 and 14.00.00. The purpose of the proposed revisions is to implement HB 26-1220. 
  4. Revisions to Rule 11.00.00. The purpose is to align system automation and transfer of controlled substance prescriptions that align with new DEA requirements and practice standards. 
  5. Revisions to Rules 3, 15 and 21. The purpose of these amendments is to refine compounding rules to better align with recent guidance from the FDA and to implement HB 26-1198. 
  6. Repeal of Rule 28.00.00. The purpose of the repeal is to implement HB 26-1182.
  7. Revisions to Rule 19.00.00 – The purpose is to implement SB 26-032.
  8. Revisions to Rule 23. The purpose is to refine and define the length of time Prescription Drug Monitoring Program (PDMP) data is to be retained and/or archived to align better with other states and reduce risk where necessary.
  9. Correction to Appendix G. The purpose is to change the word provider to patient as it was originally intended and adopted by the Board.  

Notice and Draft Rules 

Ways to Participate 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

2026-07-30T18:10:04-04:00July 30, 2026|Colorado|

Florida

The Agency for Health Care Administration's final Medicaid rule (59G-4.251 / Notice: 31058156) regarding Prescribed Drugs Reimbursement Methodology went into effect on July 15.  

Also in Florida, the Board of Pharmacy's final rule (64B16-27.700 / Notice: 31119848) regarding compounding goes into effect on August 3.  

Finally, the Board of Pharmacy's final rule (64B16-26.351 / Notice: 31148657) regarding Standards for Approval of Registered Pharmacy Technician Training Programs goes into effect on August 6.  

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

2026-07-30T18:08:44-04:00July 30, 2026|Florida|

Kentucky

Beginning January 1, 2027, all Kentucky insurance carriers will be required to reimburse all outpatient pharmacy claims at NADAC + $16.31, following the Insurance Commission’s announcement of the results of their recent cost of dispensing study. The study was required by the comprehensive commercial market PBM reform law NACDS worked with members and the Kentucky Retail Federation to pass in 2024.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

2026-07-30T18:08:15-04:00July 30, 2026|Kentucky|

Massachusetts

The House advanced key PBM provisions this week as part of a comprehensive health care reform package to address the cost and accessibility of primary care services in the Commonwealth. The legislation, HR 5618, includes two main PBM provisions targeting PBM rebate contracting practices and as well as PBM common ownership. The bill mandates that insurers and PBMs must pass along at least 80 percent of estimated drug rebates to consumers at the pharmacy point of sale. Additionally, it tightens regulatory oversight of vertically integrated PBM “affiliated entities” within the Division of Insurance, reinforcing NACDS-supported regulations that were adopted earlier this year. Moving forward, the House bill will go to conference negotiations where there will be an opportunity to add additional PBM reform measures to the final package. 

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.

2026-07-30T18:07:46-04:00July 30, 2026|Massachusetts|

Missouri

Gov. Mike Kehoe (R) signed two bills that include a provision to raise the 12-month purchase limit for ephedrine, phenylpropanolamine and pseudoephedrine from 43.2 grams to 61.2 grams, while keeping existing daily and monthly limits. The bill also requires manufacturers to fund a real-time tracking system for the sale of the products beginning on October 1. For more information, see HB 2372 & SB 878. 

Also in Missouri, on August 1, pharmacists can begin renewing their license. To renew, pharmacists must complete 30 hours of approved continuing education (CE) prior to renewing.  

For more information, contact NACDS’ Mary Staples at 817-442-1155.

2026-07-30T18:07:14-04:00July 30, 2026|Missouri|

Oregon

The August 12-13 Board of Pharmacy Meeting Agenda and meeting materials are now available. Please note the Board will discuss Divs 006/007/110/145 – Mobile Pharmacy (2026 HB 4131) (OAR 855- 006-0005, OAR 855-007-0030, OAR 855-007-0080, OAR 855-007- 0100, OAR 855-007-0110, OAR 855-110-0007, OAR 855-145-0001, OAR 855-145-0005, OAR 855-145-0010, OAR 855-145-0015, OAR 855- 145-0020, OAR 855-145-0025, OAR 855-145-0030; see attachment #B1. Please be advised that additional meeting materials may be added to the agenda prior to the board meeting. Visit the board website for current meeting materials.   

Also in Oregon, the Prescription Drug Affordability Board (PDAB) published the "Oregon PDAB Quarterly" newsletter, Issue 15.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

2026-07-30T18:06:44-04:00July 30, 2026|Oregon|

Texas

On July 22, Nurse Practitioners (TNP) filed a lawsuit seeking to invalidate Texas' physician delegation of collaborative practice requirements for nurse practitioners. The plaintiffs are asking a Texas court to declare the current framework unconstitutional under the Texas Constitution's Due Course of Law Clause and private nondelegation doctrine. The lawsuit argues that Texas improperly requires licensed nurse practitioners to obtain permission from private physicians before exercising authorities already granted by the state. While pharmacists are regulated differently than nurse practitioners, a broad judicial ruling limiting the state's ability to condition practice authority on physician approval could influence future pharmacy policy debates on expanding patient access through pharmacist-provided clinical services. NACDS is monitoring the lawsuit.  

Also in Texas, Lt. Gov. Dan Patrick (R) announced a third round of interim charges for the Senate to address before the 2027 Legislative session. Pharmacy issues are in the January and March reports. 

Also in Texas, the Health and Human Services Commission's (HHSC) Vendor Drug Program (VDP) Medicaid provided information on dispensing emergency prescriptions for the July flooding disaster declaration. 

Also in Texas, due to a potential supply gap, Sandoz is currently allocating brand-name Ritalin LA products, resulting in a product backorder. In response, the Health and Human Services Commission (HHSC) temporarily removed the non-preferred status from certain generic Ritalin LA products on the preferred drug list (PDL). 

Also in Texas, the Texas Pharmacy Congress will meet on the campus of the Texas A&M College of Pharmacy on August 6-7. 

Also in Texas, the Board of Pharmacy posted the agenda for the August 4 meeting in Austin. 

Also in Texas, effective July 1, HHSC requires a prescription for dispensing at-home COVID-19 test kits through the outpatient drug benefit for people enrolled in Medicaid and CHIP. The change is due to the end of federal regulations requiring coverage of at-home COVID-19 test kits and applies to fee-for-service and managed care. There are no changes to the maximum limit of four test kits per month. 

Also in Texas, the Department of State Health Services (DSHS) Immunization Section is hosting a back-to-school webinar for the Vaccines for Children (TVFC) and Adult Safety Net (ASN) Program Providers on August 7 from 10:00 am – 11:30 am.  

Finally in Texas, Stephanie Stephens will assume the role of Chief Medicaid and CHIP Officer, also known as Medicaid Director, on August 15. Stephens will lead Medicaid and CHIP Services through the Sunset review and the legislative session while HHSC identifies a successor. She will succeed Emily Zalkovsky.  

For more information, contact NACDS’ Mary Staples at 817-442-1155.

2026-07-30T18:06:07-04:00July 30, 2026|Texas|
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