Gov. Jeff Landry (R) urged lawmakers during the final week of the session to amend HB 358, permitting a pharmacy technician to work remotely by Rep. Dustin Miller (R). The Governor wanted to include an amendment prohibiting PBMs from owning pharmacies. While the House quickly concurred with the Governor's language, the Senate declined to bring the bill up for a final vote on the last day of the session on June 12. Gov. Landry pledged to convene a special session this summer to encourage legislators to lower drug prices and help preserve independent pharmacies. Attorney General Liz Murrill (R) sent CVS a cease-and-desist order to prevent pharmacy benefit managers (PBMs) from lobbying customers about pending legislation and issued a statement saying she would investigate whether the text messages about the bill were appropriate.
Also in Louisiana, lawmakers passed and sent to Gov. Landry for approval HB 264 by Rep. Michael Echols (R), prohibiting PBMs from engaging in spread pricing, patient steering and the use of effective rate pricing. The bill applies to local pharmacies only, defined as those with ownership in Louisiana of 10 or fewer pharmacies. The bill also establishes a reimbursement floor using NADAC, enhances transparency and audit protections, passes through manufacturer rebates to consumers, and grants additional enforcement authority to the Insurance Commissioner. Lastly, the proposed law modifies the composition of the Pharmacy Benefit Monitoring Advisory Council and adds a chain pharmacist appointed by the Louisiana Alliance of Retail Pharmacies (LARP).
Also in Louisiana, Gov. Jeff Landry (R) signed HB 565 by Rep. Annie Spell (R), legislation prohibiting Medicaid managed care organizations (MCOs) from amending, modifying, or changing a claim submitted by a healthcare provider or adjusting, down coding or paying a claim at a lower level than what was submitted by the healthcare provider. To the extent MCOs violate these provisions, the Louisiana Department of Health (LDH) shall withhold payment to the MCO an amount to be determined by LDH not less than $25,000 or greater for each violation.
Also in Louisiana, HB 690 by Rep. Charles Owens (R), requiring the state surgeon general to promulgate rules for the administration of Emergency Use Authorizations (EUA) related medical activities by all members of the healthcare community, including hospitals, public and private clinics, pharmacies, nursing homes and other entities involved in healthcare activities where EUA may apply, was sent to Gov. Jeff Landry (R).
Also in Louisiana, House Resolution 314 by Rep. Rodney Lyons (D) requesting that the Louisiana Department of Health (LDH) provide access to vaccines and information on the diseases they prevent to areas of need, passed the House and was sent to the Secretary of State.
Finally in Louisiana, the Department of Health published two rules in the June Register.
- The emergency drug kit (EDK) permit removes the requirement for the administrator of the applicant facility to sign the application for the EDK permit, and requires the online permit verification to be readily retrievable, since the board no longer issues paper permits.
- The Pharmacist-in-Charge (PIC) change reduces the minimum experience requirement for a pharmacist to qualify for a PIC privilege from two years of active pharmacy practice to one year. It also adds the authority and accountability of the owner of the pharmacy permit to the existing responsibility of the PIC for the complete supervision, management and compliance with laws and regulations pertaining to the practice of pharmacy of the entire prescription department.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
