Michael Silber – Page 191

California

On June 11, 2021, Gov. Gavin Newsom (D) signed Executive Order (EO) N-08-21, rolling back the provisions of numerous Executive Orders previously issued in response to the COVID-19 Public Health Emergency. Among these is the provision in paragraph 4 of EO N-55-20 that included the pharmacy waived delivery restriction that will expire June 30, 2021. Effective July 1, 2021, beneficiaries and clients, or their representatives, will need to sign for medications in person from their home or sign onsite at their provider location for all Department of Health Care Services programs.

Also in California, as a reminder, the Remote Processing (BPC section 4071.1(a)) limited waiver will expire on June 30, 2021. Note: although the waiver is expiring, persons or entities may request a site-specific waiver from the Board.

Also in California, on June 11, 2021, the Department of Health issued the State Public Health Officer Order of June 11, 2021, mandating various requirements as of June 15, 2021. The order replaces the previous pandemic public health orders with limited requirements related to face coverings, mega events and child and youth environments.

Also in California, NACDS and the California Retailers Association submitted a letter to the Senate Business, Professions & Economic Development Committee expressing opposition to AB 1533, the Board of Pharmacy sunset bill, unless it is amended to modify and clarify the provisions allowing the Board of Pharmacy to levy penalties of up to $1 million on chain pharmacies that would be excessive and disproportionate to the violations in question.

Also in California, the Office of Administrative Law has approved a proposal to add section 1747 to Title 16 of the Code of Regulations, regarding independent authority to furnish HIV Preexposure and Postexposure Prophylaxis and the order of adoption has been posted. The new regulation was effective June 8, 2021.

Also in California, the Office of Administrative Law has approved a proposal to add section 1717.5 in Article 2 of Division 17 of Title 16 of the Code of Regulations, regarding Automatic Refill Programs and the order of adoption has been posted. The new regulation is effective July 1, 2022.

Lastly in California, the California Privacy Protection Agency Board, created by Proposition 24, held its first board meeting on June 14, 2021. The meeting focused on how to staff the agency as they organize it to get up and running. All board members agreed that a monthly meeting was necessary; however, no specific meeting date was provided.

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

Michael Silber2021-06-25T09:29:25-04:00June 25, 2021|California|

Florida

An emergency rule of the Department of Health adopts regulations under FAC 64DER21-9 to require all health care practitioners and other enrolled coronavirus (COVID-19) vaccine providers to report to the online immunization information system within 72 hours the administration of any COVID-19 vaccine with an emergency use authorization from the FDA. The rule replaces a March 17, 2021, emergency rule on the same topic. The rule is effective June 11, 2021 and expires September 9, 2021.

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

Michael Silber2021-06-25T09:27:03-04:00June 25, 2021|Florida|

Illinois

Gov. J.B. Pritzker (D) has signed SB 2017. Effective June 17, 2021, the legislation (page 549) allows for pharmacists to order and administer vaccines listed on the U.S. Centers for Disease Control and Prevention (CDC) Recommended Immunization Schedule, the CDC’s Health Information for International Travel or the U.S. Food and Drug Administration’s Vaccines Licensed and Authorized in the U.S. The legislation also authorizes that, when applicable, vaccines ordered and administered must be covered and reimbursed at no less than the rate that the vaccine is reimbursed when order by a physician.

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

Michael Silber2021-06-25T09:26:33-04:00June 25, 2021|Illinois|

Iowa

Effective July 1, 2021, community pharmacies in Iowa may begin to submit electronic claims for reimbursement of DisposeRx® (or other branded medication disposal solutions) dispensed to Iowa residents who may be at risk of an accidental opioid or other controlled substance misuse or overdose. Additional information, including the pharmacy electronic billing process, is available in the Disposal Kit Dispensing Program FAQ document on the Board of Pharmacy’s website.

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

Michael Silber2021-06-25T09:25:39-04:00June 25, 2021|Iowa|

Kentucky

As of June 29, 2021, pharmacies will not have to obtain identification for a patient person purchasing hypodermic syringes and needles or maintain a logbook for these purchases. The change is a result of the passage of HB 219 of 2021. The new law also details the conditions under which pharmacies may sell syringes without a prescription, including providing written or electronic materials on safe disposal and syringe exchange programs and offering the patient Naloxone. Lastly, the law clarifies that syringes sold under these provisions do not constitute drug paraphernalia.

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

Michael Silber2021-06-25T09:24:48-04:00June 25, 2021|Kentucky|

Louisiana

In response to a survey from the Louisiana Department of Health (LDH), NACDS submitted comments recommending ways LDH can improve the pharmacy benefit delivery models used by the state’s Medicaid managed care organizations. Specifically, NACDS suggested that they adopt policies to help ensure patient access to neighborhood pharmacies by promoting the ability for any willing pharmacy to participate in a managed care organization’s network provided that a pharmacy accepts the terms and conditions of that network. We also advocated that LDH carve out the prescription drug benefit from the Medicaid managed care program to the state’s fee-for-service program. Lastly, we recommended the adoption of a Medicaid managed care reimbursement methodology that seeks to ensure a pharmacy’s costs are covered, which aligns with methodology used under the state’s Medicaid fee-for-service program.

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

Michael Silber2021-06-25T09:24:08-04:00June 25, 2021|Louisiana|

Maryland

As a result of Gov. Larry Hogan’s (R) termination of the State of Emergency that will be effective July 1, 2021, the Department of Health’s Office of Pharmacy Services announced they will rescind the waiver allowing pharmacies to deliver without a receiver signature. Therefore, effective August 15, 2021, the Medicaid Fee-for-Service Program will require pharmacies to record signatures when delivering prescriptions.

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

Michael Silber2021-06-25T09:23:09-04:00June 25, 2021|Maryland|

Massachusetts

Now that the Massachusetts State of Emergency has been lifted, the Department of Public Health has issued several regulatory updates.

Therefore, effective June 30, 2021, the Board will return to the following pre-pandemic requirements:

12 hour workday maximum (247 CMR 6.02(9)(c))
supervisory ratios (247 CMR 8.06(3))
perpetual inventory every 10 days (247 CMR 9.01(14))
compounding copies of commercially available drugs
restocking emergency kits in long term care facilities within 48 hours (105 CMR 150.008(E))
ID requirement for picking up a federally controlled substance or gabapentin prescription (105 CMR 700.012)
- NOTE: ID is not needed to pick up prescriptions for federally scheduled controlled substance in certain circumstances. However, the individual must print his or her name and address on the reverse side of the prescription and sign it. In the case of an electronic prescription, they must provide an electronic signature. Review the Data Submission Dispenser Guide for details.

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

Michael Silber2021-06-25T09:20:51-04:00June 25, 2021|Massachusetts|

Missouri

Gov. Mike Parson (R) convened a special session on June 23, 2021, to address extending Medicaid funding for the state because the Legislature adjourned last month prior to passing a renewal of the Federal Reimbursement Allowance (FRA), the tax on health care providers that draws down billions in federal matching dollars to fund the state’s Medicaid budget. To prevent a $1.4B budget gap, lawmakers only have five days to pass legislation to extend the program as the deadline for a balanced state budget is set for July 1, 2021.

Also in Missouri, NACDS is preparing a comment letter objecting to an emergency proposed rule that would add this new definition of usual and customary (“U&C”) for purposes of reimbursement for covered drugs under the state’s Medicaid program. “U&C is defined as the provider’s charge to the general public that reflects all advertised savings, discounts, special promotions, or other programs including membership-based discounts initiated to reduce prices for product costs available to the general public, a special population, or an inclusive category of customers.”

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

Michael Silber2021-06-25T09:19:30-04:00June 25, 2021|Missouri|

About Michael Silber