Michael Silber – Page 109

Illinois

The Illinois Department of Labor (“IDOL”) recently issued the new 2023 “Your Rights Under Illinois Employment Laws” poster that ALL ILLINOIS EMPLOYERS are required to post in a conspicuous place in the workplace, where notices are customarily posted. See the links here. The poster includes information related to the Wage Payment and Collection Act, Child Labor Law, Minimum Wage Law, Equal Pay Act, Victims’ Economic Security and Safety Act and the One Day Rest in Seven Act (“ODRISA”).

Importantly, the ODRISA amendments that went into effect on January 1, 2023, require not only posting in the workplace, but also, for employees who do not regularly report to a physical workplace, and instead work remotely or travel for work, the poster must be provided to them via email or uploaded onto the employer’s website. The ODRISA amendments also now include civil penalties for failure to comply with the ODRISA, including the posting requirements. Employers who fail to comply with the posting requirements will be subject to a civil penalty not to exceed $250, payable to the IDOL.

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

Michael Silber2023-01-13T12:09:37-05:00January 13, 2023|Illinois|

Indiana

The legislature convened on January 10, 2023. Several bills of interest to pharmacies have been filed, including several different bills that will allow pharmacists to prescribe hormonal contraceptives – SB (Senate Bill) 153 & SB 206, and HB 1224. Test and Treat, HB 1182, requires the state health commissioner to issue a standing order for pharmacists to treat or screen, test, administer or dispense for respiratory illness including influenza, severe SARS-CoV-2, and RSV (Respiratory Syncytial Virus); group A strep; lice; minor skin conditions; and emerging or existing public health threats identified by the state health commissioner. Also filed was SB 214, legislation that would establish a standing order for pharmacists to prescribe naloxone.

Also in Indiana, all are welcome to participate at the Indiana Pharmacists Association’s (IPA) annual Legislative Day at the Indiana State House starting at 9:30 am on January 24. This event will allow all pharmacists, pharmacy students and pharmacy technicians from all practice settings to connect with legislators and colleagues across the state. Register here before January 19.

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

Michael Silber2023-01-13T12:09:04-05:00January 13, 2023|Indiana|

Iowa

The Iowa Insurance Division adopted and filed emergency rules (ARC 6739C), effective January 1, 2023, to implement changes made in 2022 Iowa Acts, House File 2384, regarding pharmacy benefits managers.

Also in Iowa, NACDS submitted a letter to the Iowa Insurance Division expressing appreciation for proposed rule changes (ARC 6740C) to Chapter 59, “Pharmacy Benefit Managers” (“PBMs”) in accordance with 2022 Iowa Acts, House File 2384, and urging the necessary enforcement of included provisions to further the state’s efforts on PBM reform and transparency. In particular, NACDS stated its support for language preventing PBMs from retroactively adjusting reimbursement of a clean claim paid to a pharmacy. Lastly, NACDS urged legislators and regulators to take additional action to help ensure pharmacies are fairly and adequately reimbursed with the ability to appeal below-cost reimbursement through the establishment of a maximum allowable cost appeals process.

Finally in Iowa, the Board of Pharmacy published its December 2022 newsletter including the following articles/updates: discontinuation of printed license and registration certificates, reminder for licensees to maintain current contact information, compounding records rule update, pharmacy’s social media presence, electronic perpetual inventory logs, care facility documentation of immunizations, licensure of outsourcing facilities update, Narcan® and disposal programs, hard copy prescriptions during prescriber technical difficulties, Schedule II prescription annotations and 2023 board meeting schedule.

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

Michael Silber2023-01-13T12:08:23-05:00January 13, 2023|Iowa|

Kentucky

The Board of Pharmacy held a “special called” meeting on January 4 where they withdrew a new regulation and proposed rule amendments regarding out-of-state pharmacies. The rules would have created a new non-resident pharmacist license requirement for out-of-state pharmacists and stricter requirements for an out-of-state pharmacy to acquire a non-resident pharmacy permit. At the meeting, it was stated that the withdrawal was due to the voluminous number of public comments they received.

Following this, two Senate bills were introduced last week:

SB 36 would reorganize the Board of Pharmacy to assign seats to different practice settings and make appointments subject to Senate confirmation.
SB 37 would prohibit an out-of-state pharmacy permit holder from being required to have their pharmacists licensed, except for the Pharmacist in Charge (PIC).

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

Michael Silber2023-01-13T12:07:53-05:00January 13, 2023|Kentucky|

Louisiana

Effective January 1, 2023, the Louisiana Medicaid Pharmacy Program expanded to include a sixth managed care organization (MCO), Humana Healthy Horizons. For more information on verifying eligibility and processing claims, go to Pharmacy Facts.

Also in Louisiana, effective January 1, 2023, Medicaid Fee-for-Service (FFS) Pharmacy Program and Managed Care Organizations (MCOs), will implement a point of sale dispensing of contraceptives allowing a 6-month supply when the recipient has a previous history of contraceptive agents. The allowance applies to pharmacy claims submitted to FFS and MCOs (Aetna, AmeriHealth Caritas, Healthy Blue, Humana Healthy Horizons, Louisiana Healthcare Connections and UnitedHealthcare).

Finally in Louisiana, the 2023 Naloxone standing order was updated effective January 1, 2023

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

Michael Silber2023-01-13T12:07:18-05:00January 13, 2023|Louisiana|

Massachusetts

Please see these updated Provider Bulletins here (2022) and here (2023) regarding Coverage and Reimbursement Policy for Coronavirus Disease 2019 (COVID-19) Bivalent Vaccine Doses and Pre-exposure Prophylaxis, Extension of Flexibilities for Prior Authorization of Formula, Pediatric Immunization Vaccine / Administration SL Modifier Change and Managed Care Entity Bulletin 95: Access to Health Services through Telehealth Options for Members Enrolled in Managed Care Entities. To view and download other MassHealth publications visit Provider Publications.

Also in Massachusetts, on January 11, 2023, the Massachusetts Public Health Council approved redrafted regulations at 105 CMR 700.00 which will authorize pharmacy technicians to administer influenza and other immunizations as designated by the Department of Public Health. Regulations also reduce the age of persons from 9 to 5 who may receive a vaccination at a pharmacy. DPH also adopted an amendment that will allow a pharmacist to administer the first dose of a controlled substance for the treatment of mental health and substance abuse disorders. These regulations are expected to be published in the next two weeks.

Also in Massachusetts, regarding Long Term Care Facilities and Pharmacies, 105 CMR 721.070(A)(11) provides an exception to the e-prescribing mandate for prescriptions written for long term care (LTC) residents. This exception was set to expire on January 1, 2023, or such later date as determined by the Department. Considering the Centers for Medicaid and Medicare Services (CMS) extending, from January 1, 2023, to January 1, 2025, its implementation of the requirement to e-prescribe Medicare prescriptions in LTC facilities, the Department will follow suit and hereby extends, until January 1, 2025, the exception for prescriptions issued to LTC resident under 105 CMR 721.070(A)(11). Those LTC facilities with e-prescribing in place are encouraged to continue using it.

Please see 105 CMR 721 (mass.gov) and accompanying 2019 ePrescribing Manual for details.

Finally in Massachusetts, while Amoxicillin Oral Powder for Suspension remains on the FDA drug shortage list, Board-licensed pharmacies may compound this product from solid oral dosage forms provided that the FDA guidance on compounding beta-lactam products in shortage is followed to mitigate the potential risk of cross-contamination.

Once the shortage has resolved, use of commercial products must resume.

Please review the Board’s Policy on Compounding Copies of Commercially Available Drugs.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

Michael Silber2023-01-13T12:06:37-05:00January 13, 2023|Massachusetts|

Michigan

NACDS reminds members that pharmacists can prescribe self-administered hormonal birth control under delegated authority, including oral contraceptives, the patch, and the ring, by opting into the program. The change happened under an interpretive statement issued by the state’s Licensing and Regulatory Affairs Department (LARA) under direction of a previous executive directive 2022-05 issued by Gov. Gretchen Whitmer (D) in May of 2021. Pharmacists must enter into a delegation agreement; a sample delegation agreement is available on LARA’s website. The governor’s executive directive in May instructed state departments and agencies to identify and assess opportunities to increase protections for reproductive health care.

Also in Michigan, on October 3, LARA issued a notice that the state will formally begin enforcing Michigan’s 2020 e-prescribing law on January 1, 2023. Though the law was originally to take effect in 2021, it included a provision allowing Bureau of Professional Licensing to delay enforcement until the federal Centers for Medicaid and Medicare (CMS) began enforcing the mandate on Part D prescription drug programs. LARA also released an Application for waiver of electronic prescribing requirements form for prescribers and posted an FAQ document. Note that pharmacists are not required to verify that a prescriber qualifies for a waiver when filling paper prescriptions.

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

Michael Silber2023-01-13T12:05:51-05:00January 13, 2023|Michigan|

Missouri

The legislature convened on January 4, 2023. Several PBM reform bills have been filed, including SB 402/HB 198 and SB 26/HB 197. Also filed were two bills expanding the Pharmacy Practice Act related to the administration of medication by pharmacist including HB 331 and SB 41.

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

Michael Silber2023-01-13T12:04:56-05:00January 13, 2023|Missouri|

New York

On January 17, from 1:00 p.m. – 3:00 pm, the Department of Health (DOH) is hosting the next in its series of monthly stakeholder informational webinars about the transition of the pharmacy benefit from Medicaid Managed Care to Medicaid Fee for Service (NYRx). Registration is required in order to access the meeting links. Presentations from past meetings are available on the transition website.

Also in New York, the DOH issued an update to the Medicaid Fee for Service Program “Dispense Brand Name Drug When Less Expensive Than Generic” list effective January 19. Additionally, DOH published an updated standing order for Naloxone under the signature of Dr. Sharon Stancliff.

Finally in New York, as 2022 ended, Gov. Kathy Hochul (D) signed several bills important to pharmacy practice into law, including:

S4870B authorizing pharmacists to administer certain long acting injectables (Note: rules will need to be promulgated and a new bill for 2023 with minor technical changes to the law has been agreed to.)
A7469 allows for 30-day emergency refills
A187 permits pro-rated cost sharing on short fills and maintains the full dispensing fee to enable medication synchronization in the state’s Medicaid program

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

Michael Silber2023-01-13T12:04:24-05:00January 13, 2023|New York|

About Michael Silber