North Carolina
Proposed rule of the Medical Board would amend regulations under 21 NCAC 32B and 32M to establish a coronavirus (Covid-19) restricted drug list and standards for physicians or physician assistants and nurse practitioners to prescribe restricted drugs for the treatment of Covid-19. The rule also would remove two drugs from the restricted drug list that is currently in effect under a temporary rule. A hearing is scheduled for Jan. 15, 2021, via teleconference. Comments are due Jan. 15, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Wisconsin
The Department of Health Services (DHS) announced an enrollment deadline of November 25 for Phase 1A Vaccinators. Those unable to complete the process by the deadline, but intending to vaccinate during Phase 1A, should email DHS by November 25.
Also in Wisconsin, DHS is holding weekly webinars for health care providers about the Wisconsin COVID-19 Vaccine Program. The webinars are Tuesdays, 9:00-9:30 am. Please email your questions ahead of time to dhscovidvaccinator@wi.gov.
Also in Wisconsin. The Pharmacy Examining Board reminds pharmacies that rules adopted on June 4, 2020, to amend Phar 7 become effective on January 1, 2021. Please see this adoption order.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Georgia
The Office of Insurance and Safety Fire Commissioner issued a proposed rule to amend regulations under GAC 120-2-97 to increase the annual filing fee for licensed pharmacy benefits managers from $400 to $1,000. The rule would also require pharmacy benefits managers to file with the office all methodologies used in determining multi-source generic drug pricing, a statement identifying affiliate pharmacies, and reports and other information required by statute. Also, the rule would impose penalties and increase existing penalty amounts. A hearing is scheduled for November 19, 2020, in Atlanta.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
The Department of Human Services published the findings from a recent Cost of Dispensing Study. The report reflects the mean cost of dispensing, weighted by Medicaid volume, was $10.38 per prescription for all pharmacies including specialty pharmacies, up from $10.07. The current dispensing fee of $10.07 will remain in place until additional state funding is appropriated by the legislature. A state plan amendment would also be required if funding is approved and the increase would be prospective following CMS approval of the state plan amendment. The report can be found on the COD website.
Also in Iowa. The Board of Pharmacy published a response to HHS Guidance Related to the Administration of Immunizations and COVID-19 Tests. More information can be found here.
Also in Iowa. The Department of Public Health issued a COVID-19 Vaccine Information Brief and is regularly adding materials to its main web COVID-19 Vaccine Information web page. Please visit the above links for more information.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Kansas
The Kansas Association of Chain Drug Stores (KACDS) met to determine 2021 Legislative issues, including point-of-care testing, private insurers reimbursing for pharmacy services, telepharmacy, and seven-day initial fill legislation.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Michigan
Gov. Gretchen Whitmer (D) signed into law HB 6293, legislation authorizing pharmacies to order a laboratory test that is classified by the United States Food and Drug Administration as moderate or high complexity for the purposes of administering COVID-19 testing services. The law became effective November 5 and expires on June 30, 2021.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Minnesota
The Board of Pharmacy updated its Frequently Asked Questions document on its website and includes information about COVID testing and vaccinations by technicians, and links to a Department of Health vaccination pre-registration survey. Please visit the above links for more information.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Missouri
The regulation to implement a pharmacist’s authority to prescribe nicotine replacement therapy products went into effect on October 30. The statute was enacted in 2019 from SB 514 led by pharmacist Senator David Sater, who recently retired from elected office due to term limits. More information can be found at the above links.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
South Carolina
The Board of Pharmacy issued a notice to announce an amendment to update guidance regarding the federal Department of Health and Human Services’ Third Amendment that temporarily expands pharmacists’ and pharmacy interns’ ability to order and/or administer childhood vaccinations and COVID vaccines that have been authorized by the FDA to people aged three to 18, provided they comply with the applicable requirements. The guidance also addresses other topics under the Public Readiness and Emergency Preparedness (PREP) Act as they relate to state law, including an October 20 federal guidance on coverage for qualified pharmacy technicians and state-authorized pharmacy interns for childhood vaccines, COVID-19 vaccines, and testing.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
The Department of Health issued a proposed rule that would adopt regulations under RRT 1200-10-04 to establish a process for waiver of the electronic prescription mandate. The rule would allow a prescriber who is unable to comply with the electronic prescription requirement for any controlled-substance prescription to petition for a waiver, establish criteria for consideration, specify the waiver duration, and address the circumstances where electronic prescribing is not available. The rule also would address prescriptions to be dispensed out-of-state. A hearing is scheduled for February 4, 2021, in Nashville. Comment due date is not specified.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Wisconsin
The State’s COVID-19 Vaccine Program is now enrolling providers. By enrolling in the COVID-19 Vaccine program, vaccinators will be approved to administer the COVID-19 vaccine in Wisconsin once a safe and effective vaccine is made available. Enrollment is open to all providers that will vaccinate against COVID-19, including pharmacies. The Department of Health Services urges providers to register as soon as possible, especially if they plan to vaccinate priority populations such as health care workers, essential workers, or people 65+ years. There is also a Frequently Asked Questions publication.
Also in Wisconsin. The Harold Rogers Prescription Drug Monitoring Program awarded a nearly $2 million grant to the Wisconsin Enhanced Prescription Drug Monitoring Program. The ePDMP was developed by the Department of Safety and Professional Services and will be operated by the Controlled Substance Board. The funding will be used for infrastructure enhancements to increase security, user satisfaction, and adoption.
Also in Wisconsin. NACDS submitted comments in support of a proposed waiver that would include coverage of vaccinations in the SeniorCare program. Comments can be found here.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Alabama
All previously published expiration dates related to the COVID-19 emergency are once again extended by the Alabama Medicaid Agency. The new expiration date is the earlier of December 31, 2020, the conclusion of the COVID-19 national emergency, or any expiration date noticed by the Alabama Medicaid Agency through a subsequent ALERT. A listing of previous Provider ALERT and notices related to the health emergency is available on the Agency’s COVID-19 page.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arkansas
The Department of Insurance released a commissioned study on pharmacy benefit managers (PBM) spread pricing, clawbacks, and reimbursements for administering the pharmacy benefit in Arkansas’ Medicaid managed care programs and the Arkansas Works commercial plans.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
An emergency rulemaking allowing pharmacists to independently furnish HIV Preexposure and Postexposure Prophylaxis was extended to February 26, 2021. The Notice of Approval and the text of CCR section 1747 are posted on the Approved Regulations page.
Also in California. The Remote Processing (BPC section 4071.1(a)) expired on October 31. Although the broad waiver is expiring, pharmacies may request that the Board issue a site-specific waiver. Information on how to request a Pharmacy Law Waiver can be found here.
Also in California. The Department of Health Care Services (DHCS) released two NEW Medi-Cal Rx Subscription Services, for you to share with your respective interested parties: Please see the below resources for additional information.
- California Department of Health Care Services (Medi-Cal Rx) – NCPDP Standard Payer Sheet, Version 1.0, dated October 22
- Medi-Cal Rx List of Covered Enteral Nutrition Products, effective January 1, 2021.
Also in California. The Assembly Labor and Employment Committee will be holding an informational hearing on November 17, 2020, to discuss “Safeguarding Our Frontline Workers During COVID-19: The Need for Robust Workplace Health and Safety Protections”. More details on the meeting and access to listen to the meeting can be found here.
Lastly, in California. The Department of Managed Health Care published a notice to remind health plans and their delegated entities to exercise maximum flexibility in covering and reimbursing for the acquisition and administration of vaccines, such as the influenza vaccine.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
The Board of Pharmacy will meet virtually on November 19, 2020. On the agenda will be a discussion on pharmacy technicians administering immunizations.
Also in Colorado. The Medical Board will be considering a proposed rule on the electronic prescribing law NACDS supported two years ago that will be implemented on July 1, 2021, defining “temporary technological failure,” “temporary electrical failure,” and “economic hardship” for purposes of the statutory exceptions. A virtual hearing is scheduled for November 19, 2020.
Also in Colorado. The PEP/PrEP final rule adopted by the Board of Pharmacy earlier this year allowing pharmacists to distribute HIV infection prevention medications to patients will become effective on November 14, 2020.
Lastly in Colorado. The Department of Regulatory Agencies (DORA) Colorado Office of Policy, Research and Regulatory Reform (COPRRR) released the 2020 Board of Pharmacy sunset report which provides recommendations to legislators for the 2021 session. NACDS and the Colorado Retail Council provided extensive joint written comments and held multiple meetings with staff to provide input.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
The Department of Health Care Finance (DHCF) is offering two virtual Managed Care Organization (MCO) Pharmacy Provider Forums where they will share best practices to serve patients. The meeting is scheduled for November 19, 2020, at 1 pm and November 20, 2020, at 10 am. Online registration is required.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
The Florida Board of Pharmacy released a notice of intention to amend regulations under FAC 64B16-28 to revise standards regarding the required content of labels and labeling of medicinal drugs. Comment due date is not specified.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Louisiana
An emergency rule previously adopted by the Board to temporarily suspend renewal fees for various licenses, certificates, permits, and the registrations expiration date was extended until February 24, 2021.
Also in Louisiana. The Board of Pharmacy will be holding a hearing on November 25, 2020, on a proposed rule that would establish standards for licensure of pharmacy benefit managers engaged in certain activities. The rule would establish procedures for board review of applications for the initial issuance of the permit, the renewal of the permit, applications for the reinstatement of disciplined permits, and the permanent closure of a permit.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nevada
The Board of Pharmacy has announced that it has scheduled a special videoconference board meeting on November 10, 2020. Additionally, the Board will consider at their December Board meeting rules (Notice) that would remove administrative restrictions on pharmacies, pharmacists, and off-site pharmaceutical providers.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
On October 30, the Board of Pharmacy issued an order confirming the October 20 HHS guidance allowing Qualified Pharmacy Technician Childhood and COVID-19 Vaccine Administration and COVID-19 Testing. The Board also noted that there is no change to pharmacist prescriptive authority which currently allows pharmacists to vaccinate any age.
Also in New Mexico. The Department of Health held a webinar providing information on the state’s distribution plan and informing that all pharmacies and pharmacists must register as COVID vaccine providers. More information can be found here.
Also in New Mexico. The Department of Health is moving forward with the implementation of the Wholesale Drug Importation Bill, SB-1, that that the Governor signed into law earlier this year. A proposed rule would establish standards to ensure compliance with tracking and tracing requirements and prohibit the distribution, dispensing, and sale of imported drugs outside the state. The rule will be submitted to the Department of Health and Human Services for federal approval. Comments are due by December 1, 2020, and a virtual hearing is scheduled for December 2, 2020.
Also in New Mexico. The Board of Pharmacy approved rules effective April 1, 2021, mandating the electronic prescribing of controlled substances.
Lastly in New Mexico. The COVID Vaccines Planning Group is asking pharmacists/pharmacies interested in administering COVID vaccines to complete a brief on-line survey by November 13, 2020, that will help evaluate pharmacies’ ability and interest in collaborating with the state in COVID-19 vaccination efforts. All pharmacies interested in becoming COVID-19 vaccine providers must enroll on the state’s portal. If you have questions, contact Courtney Lovato at courtney.lovato@state.nm.us. Please complete the survey by November 13, 2020.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Ohio
The Department of Medicaid has published a revised version of rules intended to allow pharmacists to bill Medicaid for collaborative drug therapy management, immunizations, and medication administration. This version makes it clearer that pharmacists can use a standing order or protocol as documentation for immunization services. NACDS plans to comment and asks members to send comments to jmccormack@nacds.org by November 10, 2020.
Also in Ohio. On November 19, 2020, the Ohio Department of Medicaid will be offering a Basic Billing fee-for-service training session for pharmacists who will be providing services to Ohio Medicaid patients. Attendees will receive basic information regarding Ohio Medicaid rules, Ohio Medicaid eligibility, MITS portal billing, and other resources. Registration is required. After registering, you will receive a confirmation email containing information about joining the webinar.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Tennessee
The Tennessee Pharmacists Research and Education Foundation (TPREF), a 501(c)3 charitable research subsidiary of TPA, has been awarded a grant from the Tennessee Department of Human Services (TDHS) to provide COVID-19 testing packages (tests and testing systems) AT NO COST to pharmacists, to support their communities and patients during the COVID-19 pandemic. NOTE: This opportunity is separate from the Tennessee Department of Health BinaxNOW testing program. TPREF COVID-19 Pharmacy Testing Packages will provide successful applicants with a COVID-19 Testing System and COVID-19 Tests. Applications will be evaluated on a “first-come, first-served” basis. To be eligible for a TPREF COVID-19 Pharmacy Testing Package, the pharmacy practice must currently provide (or be prepared to provide) face-to-face patient care services and possess a current CLIA waiver (or receive a CLIA waiver before delivery). When COVID-19 tests and testing systems become available, TPA will arrange the delivery or a pick-up location after all testing packages have been claimed. For more information and to apply for a free COVID-19 Pharmacy Testing Package, CLICK HERE.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
On November 3, NACDS’ pharmacists from Albertsons, CVS, HEB, Kroger, and Walgreens, as well as the Texas Federation of Drug Stores president, all testified in support of the proposed rules to expand technician ratios. The Board of Pharmacy adopted final rules increasing the pharmacist-to-technician ratio from 1:4 to 1:6 in Class A community retail pharmacies, and totaling eliminating the 1:8 ratio in Class G central processing pharmacies. The Board also voted to expand pharmacy technician duties for Class A and Class G pharmacies, including accepting oral prescriptions, transferring prescriptions, and contacting the prescriber to clarify information on an existing prescription order. The new rules will become effective 21 days after they are submitted to the Texas Register, which could occur by mid-December 2020.
Also in Texas. The Department of State Health Services (DSHS) Immunization Program is requiring pharmacies register to be eligible to administer COVID-19 vaccines in Texas once they are available. Also, pharmacies must register with ImmTrac2, Texas’ Immunization Information System (IIS), and also register on VaccineFinder.org
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
The Board of Pharmacy has published the agenda for the regulation committee’s meeting on November 12, 2020, at 9 am. Instructions to access the virtual meeting are included in the agenda.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Alabama
The Alabama Medicaid Agency, in conjunction with the Alabama Department of Public Health (ADPH), has stated it will allow reimbursement of a vaccine administration fee to Alabama Medicaid pharmacy providers who utilize free influenza vaccines provided by the federal government. The following guidelines have been provided for administering the free vaccines to Alabama Medicaid patients.
- Providers must use all privately purchased vaccines first.
- Free supplemental influenza vaccine costs cannot be reimbursed, but an administrative fee can be requested.
- When billing a Medicaid recipient for the free vaccine, no ingredient cost or dispensing fee should be included on the claim.
- A $5.00 administration fee may be submitted.
- Pharmacies should submit the administration fee in the Incentive Amount Submitted field (NCPDP Field 438-E3) on the same claim as the vaccine (i.e. ingredient).
- Recoupments may occur if it is determined that a free supplemental vaccine was administered to a Medicaid patient and an ingredient cost and dispensing fee were submitted on the claim.
- All administered vaccines must be entered into ImmPrint via an interface or manually within 72 hours.
- For more information, visit the ADPH guidance here: https://www.alabamapublichealth.gov/immunization/assets/fluvaccine_adult.pdf
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.