SB 4, legislation by Sen. Greg McCortney (R) establishing conditions when a pharmacist may substitute an interchangeable biological product for a prescribed biological product was signed into law by Gov. Kevin Stitt (R). The new law will take effect on November 1, 2021.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
On April 26, the House Public Health Committee approved both the immunization bill, CSHB 678 by Rep. Phil Cortez by a vote of 10-0 and the test and treat bill, HB 2049 by Rep. Donna Howard reported favorably without amendments by a vote of 9-0. NACDS members are urged to contact members of the Texas House of Representatives asking them to VOTE YES on both HB 678 and HB 2049. More information can be found here.
Also in Texas, last week, the Texas House passed its proposed two-year, $246 billion state budget after spending hours on controversial issues such as Medicaid expansion and school vouchers.
Lastly in Texas, the Board of Pharmacy is hosting a quarterly virtual meeting on Tuesday, May 11th at 9 AM. The agenda and conference information is available here – Texas State Board of Pharmacy
For more information, contact NACDS’ Mary Staples at 817-442-1155.
The State Pharmacy Association’s (WSPA) bill, HB 1445 by Rep. My Lihn Thai (D), clarifies that the reconstitution and mixing of nonsterile products according to FDA labeling and according to a prescription, often referred to as simple compounding, is not compounding. The bill was signed by Gov. Jay Inslee and will go into effect on July 25, 2021.
Also in Washington, Gov. Jay Inslee (D) signed into law the Second Substitute to HB 1161 which modified the requirements for the manufacturer’s drug take-back programs under the Department of Health.
Also in Washington, Apple Health (Medicaid), administered by the Health Care Authority will implement changes to the State Maximum Allowable Costs (SMAC) list for the fee-for-service (FFS) Prescription Drug Program. on June 1, 2021. The full SMAC list can be found on the agency’s Provider billing guides and fee schedules website under the Prescription Drug Program and applies to claims billed FFS.
Also in Washington, HB 1127 by Rep. Vandana Slatter establishes privacy and security standards for COVID-19 health data passed both houses and was sent to Gov. Jay Inslee (D) to sign into law.
Also in Washington, the Health Care Authority (HCA) sent a Provider Alert informing providers about updates to the COVID-19 vaccine clinical policy regarding the roster billing for COVID-19 vaccine administration. When billing for vaccines for fee-for-service clients, there are three options:
HCA is no longer requests that you bill the vaccine with the vaccine administration code. If you do submit a claim with both codes, HCA will not pay for the vaccine but will pay for the administration of the COVID-19 vaccine. These policies apply to both fee-for-service (FFS) providers and HCA-contracted managed care organizations (MCOs). For more information go to Apple Health (Medicaid) COVID-19 vaccine clinical policy under Reimbursement information and billing guidance.
Lastly in Washington, the Office of the Insurance Commissioner extended two Emergency Orders until May 16, 2021:
For more information, contact NACDS’ Mary Staples at 817-442-1155.
On April 9, Gov. Doug Ducey (R) signed into law SB 1356 (Chapter 217, Laws 2021) prohibiting PBMs, from directly or indirectly, holding a pharmacist or pharmacy responsible for a fee related to the claims adjudication process, including adjudicating a pharmacy benefit claim, processing or transmitting a pharmacy benefit claim, developing or managing a claims processing or adjudication network or participating in a claims processing or adjudication network. Pharmacies may file a complaint of a violation, and a PBM that commits a violation is subject to penalties.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
NACDS and the Arkansas Grocers and Retail Merchants Association submitted a joint letter to the House Public Health, Welfare and Labor Committee urging the committee members to strongly oppose HB 1945 by Rep. Wooten. HB 1945, filed on April 19th would establish discriminatory restrictions on pharmacy ownership and prohibit chain pharmacies from operating pharmacy locations throughout Arkansas. The bill was heard in committee on April 22 and was pulled down and referred to further consideration after the session during the interim study. The legislature is scheduled to adjourn by April 30, 2021.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
On April 20, the Department of Consumer Affairs issued an order waiving the staffing ratio of pharmacist to pharmacy technicians related to the administration of COVID-19 vaccinations. The following language is included in the order: Accordingly, for pharmacists engaged exclusively in initiating and administering COVID-19 vaccines, and pharmacy technicians engaged exclusively in administering COVID-19 vaccines under the direct supervision and control of such pharmacists, the Director waives Business and Professions Code section 4115, subdivision (f)(1) to the extent it limits pharmacies with only one pharmacist to having no more than one pharmacy technician working, subject to the condition that such pharmacies may have no more than two pharmacy technicians working.
Also in California, the Medi-Cal Update Bulletin 989 – April 2019 includes the following items of interest.
Also in California, the Medi-Cal Update – Part 1 – Program and Eligibility Bulletin – April 2021 highlights information related to drug code limitations and Medi-Cal suspended and ineligible provider list among other program elements and eligibility requirements and updates.
Also in California, Medi-Cal announced a System Update beginning at midnight on April 25, 2021, continuing through 6:00 a.m. Point of Service (POS) network Leased line Eligibility and Share of Cost (SOC) transactions may not be available during this time.
Lastly in California, additional agendas have been posted for the following Board of Pharmacy teleconferenced meetings:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
As a result of NACDS’ efforts with other partner organizations, the DC Department of Health has published a revised concurrent and emergency rule governing COVID-19 testing by pharmacies. The revised rule which was effective April 1, now allows: off-site testing, pharmacy technicians to perform testing, is consistent with the CDC’s guidelines for Personal Protective Equipment (PPE), and no longer requires testing by appointment only.
Also in the District of Columbia, Legislation permitting pharmacists to refill medications before the expiration of the waiting period between refills has passed the Council and sent to Mayor Bowser (D) for signature. This measure allows pharmacists to authorize and dispense medication refills before the expiration of the waiting period between refills under protocols issued by the Board of Pharmacy and the Board of Medicine.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
The Board of Pharmacy published a final rule to amend regulations under FAC 64B16-31 to update “smoking cessation” with “nicotine dependence” on the list of chronic health conditions for which a certified pharmacist may provide patient care services. The rule is effective April 29, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
The Department of Human Services issued Informational Letter No. 2228-MC-FFS reminding pharmacy providers to bill the appropriate entity for Medicaid pharmacy claims. Claims for Medicaid members enrolled in a managed care organization (MCO) should be billed to the appropriate MCO or their corresponding PBM to which a member is assigned. An updated pharmacy billing reference sheet has been included in the Informational Letter.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.