Kansas
The legislature convened on January 8.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kentucky
The Medicaid Advisory Committee approved several motions suggested by the Pharmacy Technical Advisory Committee (PTAC), that NACDS serves on, to improve access to pharmacy vaccines in the Medicaid program:
- A written communication will be delivered to pharmacies clarifying that, per the rule passed last year, enrollment in VFC (Vaccines for Children) program is not required and claims will be reimbursed.
- They will work with PTAC to change policy to allow pharmacies to bill for vaccines in Medicaid FFS (Fee-for-Service).
- They will work with PTAC on a statewide protocol for pharmacists to administer HPV (HUMAN PAPILLOMA VIRUS) vaccines to increase adolescent vaccination rates.
Members are encouraged to share their thoughts and suggestions on these proposed policy changes with NACDS’ Jill McCormack.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
On January 7, Gov. Jeff Landry (R) was sworn into office, replacing former Gov. John Bel Edwards (D), who had reached his term limit. Ralph Abraham, MD, a physician, was appointed head of the Louisiana Department of Health. NACDS and our in-state partner, the Louisiana Alliance for Retail Pharmacies (LARP), have requested a meeting.
Also in Louisiana, the new Legislature elected last Fall was sworn in on January 8. Currently, Republicans hold a supermajority in both Houses.
Also in Louisiana, NACDS’ in-state partner, the Louisiana Alliance of Retail Pharmacies (LARP), submitted a comment letter to the Board of Pharmacy at the December 28, 2023, public hearing raising concerns about a proposed rule on product integrity that implements temperature control measures for shipments of prescription drugs to patients. Specifically, the proposed rule change would require ALL home delivery medications, including room temperature medications, to be sent in temperature-controlled packaging from pharmacies to patients.
Also in Louisiana, the Department of Health (LDH) issued an Informational Bulletin 23-22 to Medicaid providers reminding them that RSV vaccines that have been covered since August 3, 2023, must have the correct CPT codes 90380 and 90381.
Finally in Louisiana, in late December 2023, the Centers for Medicare & Medicaid Services (CMS) approved the state plan amendment (SPA) to increase the dispensing fee for local pharmacies only from $10.99 to $11.81. The increased fee applies to Medicaid Fee-for-Service pharmacy claims and Medicaid Managed Care local pharmacy claims, retroactive to the date of service of October 1, 2023.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maine
On January 4, the Maine Board of Pharmacy held its regular meeting. The agenda included the following:
- Access to HIV Prevention Medications (PL 2021 Ch 265), including PEP and PrEP Protocols
- Access to Birth Control by Making Certain Contraception Accessible from a Pharmacist (PL 2023 Ch 115)
- Authorize Vaccine Administration by Pharmacy Technicians and Reduce Vaccine Administration Training Requirements for Pharmacists (PL 2023 Ch 245)
- Board Rule Chapter Amend Limits on Medication in Vending Machines (PL 2023 Ch 160)
- Pharmacists Dispense an Emergency Supply of Chronic Maintenance Drugs (PL 2023 Ch 566) – Update
- Telehealth Rulemaking Status – Update
Also in Maine, on January 11, Gov. Janet Mills (D) issued a State of Emergency declaration. The State of the Civil Emergency will last one week, and the Governor will continue to evaluate its necessity daily. This declaration triggers the hazard pay provision for the City of Portland for those with operations within the city.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Maryland
The Board of Pharmacy final rule, COMAR 10.34.34, permitting Technician Product Verification (TPV) has been published and will be effective on January 28, 2024. You can find more details in the latest Board of Pharmacy newsletter. The rule allows TPV in both community and institution-based pharmacies.
Also in Maryland, the Department of Health announced that, in accordance with Senate Bill 678/House Bill 1151, they will permit Medicaid-enrolled pharmacist providers to bill Maryland Medicaid for professional services rendered within their lawful scope of practice, effective January 1, 2024. They released guidance for MTM (Medication Therapy Management) and Tobacco Cessation services on transmittal # PT 29-24 and transmittal # PT 49-24. Medicaid-enrolled pharmacists can bill Maryland Medicaid using billing and coding information according to the CMS 1500 Billing Instructions (Revised September 2023). For other ordinary questions, please email mdh.pharmacistsprofservices@maryland.gov or visit Pharmacists Professional Services.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Massachusetts
The Board of Pharmacy issued the following updates on January 11.
- Emergency Contraceptive (EC) Dispensing Report: Any EC dispensed pursuant to the standing order within a calendar year (January 1 – December 31) must be reported using the Annual Emergency Contraception Standing Order Report.
- Policy 2024-01 Naloxone Dispensing: Reviews the dispensing of over-the-counter (OTC) naloxone.
- Policy 2019-02 Automated Dispensing Device Use: Information for Hospice Inpatient Facility acute use was added.
- Policy 2018-01 Permitted Prescription Changes and Additions: Flavoring agent information was added.
- 247 CMR 22.00: Monetary Penalties: Draft Regulation.
The Board also sent a reminder to community pharmacies that the Board regulations require all community pharmacies to provide non-sterile compounding services to their customers. It has come to the Board’s attention that some pharmacies have discontinued their non-sterile compounding services. The Board cited the two regulations below that require this practice to be available; see below. The Board urged any pharmacy that has any questions about these regulations to contact them. The Board is discussing the need for further Board guidance on this issue, which they expect to discuss at a future meeting.
- 247 CMR 6.02: Conditions for Continuing Registration and Operation of a Pharmacy or Pharmacy Department
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- (4) The pharmacy or pharmacy department shall maintain on the premises at all times a sufficient variety and supply of medicinal chemicals and preparations which are necessary to compound and dispense commonly prescribed medications in accordance with the usual needs of the community.
- 247 CMR 9.01: Code of Professional Conduct for Registered Pharmacists, Pharmacies and Pharmacy Departments
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- (16) A pharmacist shall not refuse to compound customary pharmaceutical preparations except upon extenuating circumstances.
Also in Massachusetts, on January 10, the Public Health Council voted to make permanent the current emergency regulations at 105 CMR 700.004 (15) that authorize pharmacists to prescribe and dispense certain hormonal contraceptives. The Department of Public Health and the Council did not make any changes to the original emergency regulations. As a result, there will be no change to the current practice in this area.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Michigan
The Department of Health and Human Services announced that due to scheduled maintenance, the File Transfer Service (FTS) portal will be unavailable on January 14 from 10:00 am to 2:00 pm EST. They asked providers to refrain from submitting electronic files during this outage period. Billing agents or providers with additional questions can email AutomatedBilling@Michigan.gov for further assistance.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
Missouri became the final state in the country to implement a statewide prescription drug monitoring program (PDMP). Its new online system allows healthcare professionals to track patients’ drug histories in an electronic database. As per the new law passed two years ago, dentists, doctors, pharmacists, and other professionals who dispense controlled substances will now be required to enter patient and prescription information into the database.
Also in Missouri, the Department of Social Services (DSS) MO HealthNet Provider Bulletin Volume 46 Number 34 confirmed that starting November 29, 2023, authorized pharmacy providers can bill for COVID-19 vaccines regardless of Vaccines for Children (VFC) enrollment or participant age. Retail pharmacies can only bill if the prescribing provider is an enrolled MO HealthNet pharmacist. Other VFC vaccines must still be administered by a VFC provider.
Finally in Missouri, MO HealthNet made changes to the Preferred Drug Listing for Insulin Agents effective January 9.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Montana
On December 22, 2023, the Board of Pharmacy published a final rule (MAR 24-124-80) and adopted New Rule I (ARM 24.174.505, Pharmacist Prescribing: General Requirements) implementing SB (Senate Bill) 112 (Statute: 37-7-106, MCA, Pharmacist Prescribing Authority – exceptions), that allows for independent prescribing authority for pharmacists in limited situations. The new rule was adopted as proposed and became effective December 23, 2023. Additional information will be available soon on the Board’s webpage.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.