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So far Michael Silber has created 1944 blog entries.

Missouri

Gov. Michael Parson (R) may soon call a special session to address one critical piece of the budget, the Federal Reimbursement Allowance (FRA) or provider tax extension. FRA is a key funding mechanism for the Missouri Medicaid program for pharmacy, hospitals, nursing homes, and ambulance districts. Failure to extend these provider taxes will create a multi-billion dollar shortfall in Medicaid funding when the new federal fiscal year begins on October 1, 2021.

Also in Missouri: before adjournment, the legislature finally passed SB 63, a Prescription Drug Monitoring Program (PDMP) bill, making it the 50th state to adopt a statewide program.

Lastly in Missouri, unfortunately, although a PBM reform bill HB 834 by Rep. Dale Wright (R) did pass the House 126-8, it failed to advance in the Senate.

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

2021-06-04T13:02:28-04:00June 4, 2021|Missouri|

Nevada

Before the adjournment of the biennial session on May 31, legislators passed four bills NACDS and the Retail Association of Nevada promoted that expand pharmacists’ scope of practice and mandate public and private payor reimbursement for services rendered.

  • SB 425 by Sen. James Settelmeyer (R) authorizes pharmacists to provide PEP/PrEP and recognizes pharmacists as health care providers mandating payment by both public & private payors.
  • SB 190 by Sen. Nicole Cannizzaro (D) allows pharmacists to furnish self-administered hormonal contraceptives under BOP protocol,
  • SB 229 by Sen. Julia Ratti (D) expands collaborative practice agreements and recognizes pharmacists as health care providers so they can be paid.
  • AB 178 by Assemblywoman Melissa Hardy (R) authorizes payment for a fill or refill of a 30-day supply of a prescription during a declared disaster or state of emergency.

Also in Nevada, unfortunately, AB 177 by the Assistant Majority Leader Assemblywoman Teresa Benitez-Thompson (D) that NACDS opposed was sent to the Governor. As originally filed, the bill required a pharmacy to provide a second prescription label on the vial in any language the patient requests. As a result of efforts by the Retail Association of Nevada (RAN), the bill was amended to require only a second label be attached to the vial translating the directions for use. RAN also negotiated liability protections to be added for both pharmacies and pharmacists who follow the rules.

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

2021-06-04T13:01:32-04:00June 4, 2021|Nevada|

New Mexico

The Board of Pharmacy amended regulations under 16.19.26 NMAC to establish standards for pharmacist prescribing of protocol formulary dangerous drugs and address prescribing of dangerous drugs in conjunction with point-of-care testing. The rule also revises the definition of “hormonal contraception drug therapy” to include formulary products delineated in the written contraception protocol, including emergency contraception. In addition, the rule clarifies requirements for reporting vaccine administration. The rule is effective May 31, 2021.

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

2021-06-04T13:00:13-04:00June 4, 2021|New Mexico|

Ohio

NACDS reminds members that HB 6 was effective on May 14. The law, sponsored by Rep. Bill Roemer (R), authorized pharmacists to administer the COVID-19 vaccine to individuals over the age of seven. It also authorized pharmacists to order and administer tests for COVID-19 and COVID-19 antibodies. Pharmacy interns and certified pharmacy technicians may also order and administer tests under so under direct supervision. Additionally, it allows the Board of Pharmacy to register pharmacy technician trainee applicants over the age of 17 without a high-school diploma if the individual is enrolled in a career-technical school program. The board may also authorize applicants who are registered in another state or have satisfactory work experience or certification in a state without a registration process in place.

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

2021-06-04T12:59:17-04:00June 4, 2021|Ohio|

Oregon

HB 2648, related to pseudoephedrine (PSE), was passed by the Senate Committee on Health Care and transmitted to the Senate floor for consideration. The bill would remove the existing prescription only requirement and require an electronic system to track all over-the-counter sales of PSE in the state.

Also in Oregon, the agenda for the next Board of Pharmacy meeting being held June 9-10, 2021, has been posted.

Laslty in Oregon, the Health Authority adopted temporary regulations under OAR 333-003-5000 to prohibit health care providers and vaccine sites from requiring parental consent for coronavirus (COVID-19) vaccination for minors age 15 to 17 who are exercising their right to consent under state law. The rule also establishes civil penalties of up to $500 per day per violation. In addition, the temporary regulations (OAR 333-047-2000) require persons or entities receiving state-supplied COVID-19 vaccines to comply with the OHA’s COVID-19 Vaccine Administration Site and Provider Guidance. The rules are effective May 27, 2021, and expire November 22, 2021.

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

2021-06-04T12:58:14-04:00June 4, 2021|Oregon|

Tennessee

SB 982 was signed by Governor Bill Lee (R) on May 25, 2021, and removes pharmacies from oversight of the Tennessee Medical Laboratory Board and makes the state list of CLIA waived tests the same as the federal CLIA waived tests, easing previous restrictions on Tennessee pharmacies holding an active CLIA waiver.

Also in Tennessee, HB 1398 which establishes PBM standards around 340B discrimination, prohibits patient steering, prevents spread pricing and below-cost reimbursement as well as a provision, which goes into effect January 1, 2022, that requires a PBM or other health care payer, upon request of an enrollee, health care provider, or authorized third party, to furnish the cost, benefit, and coverage data of a health care plan. The bill was signed by Governor Bill Lee (R) on May 26, 2021, and (unless otherwise indicated) will take effect on July 1, 2021.

Lastly in Tennessee, the Department of Health published a proposed rule to amend, adopt, and repeal regulations under RRT 1140-11 and 1145-01 to require dispensing health care practitioners or their agents to submit specified data to the Controlled Substance Database. The rule also would not require the reporting of Schedule V controlled substances that can be dispensed without a prescription. A hearing is scheduled for August 4, 2021, in Nashville.

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

2021-06-04T12:57:18-04:00June 4, 2021|Tennessee|

Texas

Prior to the legislature adjourning its biennial regular session on May 31, the legislature approved two bills NACDS supported relating to the contractual relationship between a pharmacist or pharmacy and a Health Benefit Plan Issuer or Pharmacy Benefit Manager.

  • HB 1763 by Rep. Tom Oliverson (R) regulates the contractual relationships between a pharmacist or pharmacy and a health plan or PBM. NACDS supported the following provisions of H.B. 1763:
    • Provisions that helped ensure that Texas pharmacies may be fairly and properly reimbursed for the prescription medications they provide and associated pharmacy services such as preventive treatments, immunizations, and helping patients access and take their medications accurately and safely;
    • Provisions that required equal access to all network pharmacies and should help all Texans continue to receive care from the pharmacy of their choice;
    • Provisions that required the terms of pharmacy contracts be clearly defined, especially concerning drug pricing and prohibiting the claw back of pharmacy reimbursement after a claim has been adjudicated at the point of sale.

NACDS submitted a letter urging Gov. Greg Abbott (R)to sign the bill, which he did on May 26 with an effective date of September 1, 2021.

  • HB 1919 by Rep. Cody Harris (R) will help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” or otherwise directing patients to use any particular in-network pharmacy provider over another. This bill helps ensure that patients are not penalized for choosing the pharmacy provider that best suits their individual needs. NACDS submitted a letter urging Gov. Abbott to sign the bill into law before the June 20th

Also in Texas, unfortunately, three bills NACDS supported died.

  • HB 678 by Rep. Phil Cortez (D) would have removed the existing administrative barriers requiring a prescription for influenza vaccines given to patients younger than 7 years of age and for any other vaccine given to patients younger than 14 years of age. This legislation proposed to align Texas requirements for vaccines given to younger people with the U.S. Department of Health and Human Services’ declaration under the Public Readiness and Emergency Preparedness Act that “authorizes state-licensed pharmacists to order and administer vaccines to individuals ages three through 18 years.” It passed the House by a vote of 139-7 but died in the Senate; and
  • HB 2049 by Rep. Donna Howard (D) would have allowed pharmacists to furnish medications according to the result of a positive Clinical Laboratory Improvement Amendments (CLIA)-waived test for acute conditions such as flu and strep throat passed the House Public Health Committee but failed to be set on the House Calendar.
  • HB 2346 by Stephanie Klick clarifying the law that stops the Health and Human Service Commission’s Vendor Drug Program (Medicaid) from proceeding with recent guidance to pharmacies to include discount card and membership program pricing in their calculations for Medicaid reimbursement rates died in the House Human Services Committee.

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

2021-06-04T12:56:23-04:00June 4, 2021|Texas|

Washington

The telemedicine rules workshop scheduled for June 4 was canceled. For more information about when it will be rescheduled, contact Amelia Boyd, Program Manager, at amelia.boyd@wmc.wa.gov.

Also in Washington, the Health Care Authority (HCA) issued a primary care stakeholder survey aimed at gathering provider and other stakeholder input on proposed provider accountabilities under the WA Multi-payer Primary Care Transformation Model. Feedback from this survey will be combined with payer input to build out an overall framework of accountabilities for both providers and payers under the Model.

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

2021-06-04T12:55:09-04:00June 4, 2021|Washington|

California

AB 1430, legislation requiring pharmacies to dispense Schedule II prescription drugs in lockable vials, was held on the Assembly Appropriations Suspense File and will not advance.

Also in California, the following bills failed the policy/legislative deadline and have become two-year bills.  They may not be acted upon until January 2022.

  • AB 458, legislation creating the Affordable Prescription Drug Importation Program in the California Health and Human Services Agency (CHHSA), under which the state would be a licensed wholesaler that imports prescription drugs for the exclusive purpose of dispensing those drugs to program participants upon federal approval for the importation program.
  • AB 933, legislation requiring an enrollee’s or insured’s defined cost-sharing for each prescription drug to be calculated at the point-of-sale based on a price that is reduced by an amount equal to 90% of all rebates received, or to be received, in connection with the dispensing or administration of the drug. It would also prohibit a health care service plan, health insurer, or a plan’s or insurer’s agents from publishing or otherwise revealing information regarding the actual amount of rebates the health care service plan or health insurer receives on a product-specific, manufacturer-specific, or pharmacy-specific basis.

Also in California, the Office of Administrative Law has approved the following proposals.  The amended and new regulations are effective July 1, 2021.

  • To amend sections 1711 and 1713, and add section 1715.1, in Article 2 of Division 17 of Title 16 of the California Code of Regulations, regarding Automated Drug Delivery Systems.
  • To amend section 1707 in Article 2 of Division 17 of Title 16 of the California Code of Regulations, regarding Waiver Requirements for Off-site Storage of Records.

Lastly in California, the Department of Health Care Services posted the User Administration Console (UAC) Registration Troubleshooting bulletin on the Medi-Cal Rx web portal.  Additionally, DHSC issued the Medi-Cal Rx User Administration Console (UAC) Application Role bulletin to prepare pharmacies and prescribers for the upcoming Medi-Cal Rx transition by providing information on the currently available applications and their functionalities within the Medi-Cal Rx Secured Provider Portal.

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

2021-05-28T09:57:07-04:00May 28, 2021|California|

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