South Carolina

According to the  South Carolina Department of Health and Human Services (SCDHHS), the state plans to transition its pharmacy reimbursement methodology to include an average acquisition cost (AAC) component. The state has contracted with Mercer to conduct the survey, which will be emailed to a randomly selected group of pharmacies between September 1st – 11th and it will be requesting August data. The new AAC rates will be published and effective on November 2, 2020.

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

September 4, 2020|South Carolina|

West Virginia

At the Board of Pharmacy’s recent meeting, the Board voted to release a statement regarding the Third Amendment to the Federal PREP Act declaration:  A WV immunizing pharmacist who orders and administers pediatric vaccines in compliance with DHHS’ declaration during the federally-declared COVID-19 public health emergency shall not be deemed by the WV Board of Pharmacy to be in violation of the WV Pharmacy Practice Act or §15-12. The statement also offers a comparison of the requirements of the Federal Law v. WV Law.

Also in WV. The Board of Pharmacy published an emergency rule amending regulations under 15 WVCSR 1 to remove dispensing requirements for chloroquine and hydroxychloroquine established under a previous emergency rule, as the drugs are no longer facing supply shortages. The rule also defines activities that are not “compounding” to distinguish between compounding and combining prescriptions. In addition, the rule allows practitioners 15 days to provide an original prescription for emergency oral prescriptions and specifies acceptable methods for delivery, including electronically. Portions of the rule are in response to the Covid-19 pandemic. The rule is effective on approval by the Secretary of State or October 7, 2020, whichever occurs first.

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

September 4, 2020|West Virginia|

Wisconsin

A final rule of the Department of Safety and Professional Services, Controlled Substances Board, amends the Prescription Drug Monitoring Program (PDMP) effective September 1. The rule requires drug dosage units and the partial fill indicator to be submitted to the program and clarifies that health care professionals may access PDMP reports for scientific research purposes if the patient is a direct patient and gave informed consent.

For more information, contact NACDS’ Joel Kurzman at 847-905-0555.

September 4, 2020|Wisconsin|

Arkansas

The Insurance Department posted a notice to announces the issuance of Bulletin No. 29-2020 on the extension of portions of certain coronavirus (COVID-19) bulletins issued under Executive Order 20-03, as amended by executive orders 20-25, -37, and -45 to extend the suspension of the consumer signature requirement for pharmacist services and certain obligations of pharmacy benefit manager (PBM) under the state price-gouging law.  This extension became effective August 14 and will remain for the duration of the public health emergency.

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

August 28, 2020|Arkansas|

California

For the past four months, NACDS jointly with the California Retailers Association, the California Pharmacists Association and Board of Pharmacy, has been urging Governor Gavin Newsom’s Administration to remove existing barriers to allow pharmacies to fully engage in COVID testing. In early May, the Governor granted authority allowing pharmacies to only collect test specimens, due to limited restrictions of requirements to have a laboratory director. Finally, on August 24, the Governor signed an Executive Order increasing the availability of CLIA-waived COVID-19 testing by pharmacies. The order directs the Department of Consumer Affairs, in consultation with the California Department of Public Health, to issue waivers (DCA-20-45) permitting pharmacies with CLIA-waived certificates to have their pharmacists and pharmacy technicians to conduct CLIA-waived COVID-19 tests — order tests, collect specimens, process with the appropriate equipment and quickly provide patients with the results.

Also in California. The Department of Resources Recycling and Recovery has opened the comment period for the third draft of the Pharmaceutical and Sharps Waste Stewardship Proposed Regulations.  The 15-day comment period is opened on August 21 and will close on September 4, 2020.  Written comments can be submitted to pharmasharps@calrecycle.ca.gov.

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

August 28, 2020|California|

Georgia

The Board of Pharmacy will hold a public hearing on the eleven (11) proposed rules and amendments provided here via conference call at its upcoming meeting scheduled for Wednesday, September 16, 2020.  Comments to the proposed amendments are due to the Board by September 9, 2020.

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

August 28, 2020|Georgia|

Kentucky

Effective January 1, 2021, the Kentucky Cabinet for Health and Family Services (CHFS) will utilize Version 4.2B of the American Society for Automation in Pharmacy (ASAP) Prescription Drug Monitoring Program Standard for reporting controlled substance data to KASPER. Members may want to take the following actions to prepare:

  • Review the implementation guide for Version 4, Release 2B of the ASAP Prescription Drug Monitoring Program Standard
  • Review the KASPER Controlled Substance Reporting Guide:
  • By Jan. 1, 2021, ensure your pharmacy systems are reporting two newly required fields:
    1. DSP12 Transmission Form of Rx Origin Code.
    2. DSP13 Partial Fill Indicator. CHFS will require this field for all prescription records reported to KASPER.

Additionally,  effective January 1, 2021, when the PAT02 value is 07 for Social Security Number, the vast majority of records, the PAT03 value must be nine numeric digits or the record will be rejected with a fatal error and will need to be corrected.

Lastly, to support EPCS, KASPER will track the DSP20 – Electronic Prescription Reference Number, and DSP21 – Electronic Prescription Order Number fields. Reporting these fields is optional, but KASPER is requesting that pharmacies report this if capable.  For further detail, please contact KASPER administration at (502) 564-2815 or eKASPER.admin@ky.gov.

Also in KY. NACDS reminds members that Kentucky Revised Statute 218A.182 mandates the electronic prescribing of controlled substances (EPCS) effective January 1, 2021. The Kentucky mandate is similar to the federal Medicare Part D EPCS mandate effective January 1, 2021, but applies to all controlled substances prescribed in Kentucky. Click here for more information, including criteria and process for an exemption.

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

August 28, 2020|Kentucky|

North Carolina

For all pharmacies that have received a Cost of Dispensing Survey response request, North Carolina Medicaid has extended its Cost of Dispensing Survey deadline from August 18th to September 1st.

Also in North Carolina. The Medical Board has issued a proposed rule which would amend regulations under 21 NCAC 32S to remove the physician’s assistant’s license number and authorized primary or back-up physician’s name and telephone number from the required information in the physician assistant prescription. A hearing is scheduled for October 16, 2020, via teleconference. Comments on the proposed rule are also due on October 16, 2020.

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

August 28, 2020|North Carolina|

Texas

As two hurricanes headed for the Texas Gulf coast, earlier this week Governor Greg Abbott declared a disaster in multiple counties which automatically triggered emergency procedures for dispensing of medications. Additional information on the declared state of emergency can be found here.

Also in Texas.  The Department of Insurance, Division of Workers’ Compensation issued an emergency rule waiving certain CMS distant site practitioner requirements during the COVID-19 outbreak that would allow health care providers licensed to perform physical medicine and rehabilitation services to bill and receive reimbursement for services allowed under current CMS telemedicine and telehealth billing codes.  Under this emergency rule, these waivers will be extended until October 9, 2020.

Also in Texas. The Health and Human Services Vendor Drug Program (VDP) issued three announcements:

  1. Opioid-Related Clinical Prior Authorization Criteria Updates – VDP regularly updates clinical prior authorization criteria to better align drug policies and prior authorization approval criteria with the latest information available on drug information packets, the federal or state regulations. Opioid-related prior authorizations are scheduled for revision on September 1, 2020, to align with the uniform opioid policy.
  2. Insulin Products Return to Non-Preferred Status – VDP temporarily removed the non-preferred status on April 1 in response to reported drug shortages for insulin products in the “Hypoglycemics, Insulins” drug class. VDP will reverse this change in status because of sufficient availability in the market. Beginning September 18, 2020, the Medicaid formulary will reflect the Preferred Drug List status changes for all non-preferred insulin products.
  3. Inhaled Glucocorticoids Products Return to Non-Preferred Status – VDP temporarily removed the non-preferred status on April 1 in response to reported drug shortages for medications in the “Glucocorticoids, Inhaled” drug class. VDP will reverse this change in status because of sufficient availability in the market. Beginning September 18, 2020, the formulary will reflect the Preferred Drug List status changes for all non-preferred inhaled glucocorticoid products.

Also in Texas. On September 1, 2020, the Health and Human Services Commission (HHSC) will expand the Medicaid and CHIP benefit to allow and reimburse pharmacists for administering certain medications in a pharmacy setting, including the administration of certain long-acting anti-psychotics, opiate dependence treatments and emergency treatment for known or suspected opioid overdoses, and flu vaccines.  Under this benefit, pharmacies must be reimbursed for the ingredient cost, administration fee, and applicable dispensing fee for each claim processed. Pharmacies will also be reimbursed for the administration of flu vaccines for ingredient cost and the administration fee. To prepare pharmacies for changes to the claims submission process an addendum (PDF) to the NCPDP B1 Transaction Billing Request Payer Sheet is available showing changes to three existing fields in the Drug Use Review/Professional Pharmacy Service segment and addition of one new field to the Pricing segment. Pharmacies should refer to the addendum for more information on how this change impact claims processing. VDP will revise the full B1 payer sheet upon implementation. More information can be found here.

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

August 28, 2020|Texas|

Alabama

The Department of Public Health has issued a proposed rule that would amend regulations under AAC 420-7-2 to add tianeptine to the Schedule II list of controlled substances. The rule also would remove Epidiolex® from the list of Schedule V controlled substances. Comments to the proposed rule are due September 4, 2020.

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

August 21, 2020|Alabama|

California

NACDS and representatives from members operating in California met virtually with the Department of Health Care Services (DHCS) Medi-Cal team and the Department of Public Health (CDPH) Immunization Branch to discuss the ways that pharmacies can expedite expanded access to flu and COVID vaccines this fall. Chain members advocated for the use of trained pharmacy technicians to help administer the vaccines, requested that the state’s PPE stockpile be accessible to pharmacies, and identified some potential challenges on reimbursement that should be streamlined. The state pledged to work closely with chain pharmacies to resolve these issues.

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

August 21, 2020|California|

Colorado

The final rule approved by the Board of Pharmacy that suspends certain requirements regarding closure and minimum hours of operation of prescription drug outlets, consultant pharmacist inspections, and drug therapy management will become effective August 30, 2020. The rule removes certain requirements for sterile compounding and shortages around garbing supplies, eliminates certain requirements for remote practice and hospital satellite pharmacies, and allows pharmacists to administer COVID-19 tests authorized by the FDA.

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

August 21, 2020|Colorado|

District of Columbia

Mayor Muriel Bowser (D) has signed legislation allowing pharmacists to substitute interchangeable biological products. The bill includes prescriber notification language that is aligned with the model language supported by NACDS in other states. The measure will now be sent to Congress for the standard 30-day review period as required by DC regulation.

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

August 21, 2020|District of Columbia|

Florida

The Florida Department of Health announced a notice of change to a May 15th proposed rule that would adopt regulations under FAC 64B-3 to provide a form and procedure to request a waiver of electronic prescribing requirements for prescribers facing economic hardship or technological limitations. The changes revise the form to require the location of the waiver site, a detailed description of the need for the waiver, a description of the practitioner’s current electronic prescribing capabilities, and the expected date the practitioner will be fully operational.

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

August 21, 2020|Florida|

Kentucky

The Department for Public Health published an order relating to the COVID-19 public health emergency. The order specifies that a clinician’s order is not required for a laboratory services provider to perform and bill for a molecular diagnostic test, that insurers will not require an order as a precondition for coverage, and that clinicians are not required to have established a formal clinician-patient relationship unless professional medical advice beyond providing this testing service is otherwise explicitly provided. The order also addresses cost sharing and in vitro diagnostic products.

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

August 21, 2020|Kentucky|

Louisiana

NACDS, alongside with the Public Health Department’s Immunization Director Stacy Hall, presented to public health officers around the country on the importance of flu and COVID vaccines. This presentation focused on the ways in which community pharmacies can be   ready to expedite expanded access to flu and COVID vaccines, when available

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

August 21, 2020|Louisiana|

Maryland

The Board of Pharmacy, by a vote of 8-3, approved a draft regulation allowing Technician Product Verification in the community pharmacy setting. Prior to the vote, an amendment was adopted to clarify that the same technician could not do both verification’s. The regulation will now go to the Secretary of Health for approval prior to being published for public comment. NACDS will share an amended draft as soon as it become available.

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

August 21, 2020|Maryland|

Pennsylvania

Under new policy changes, pharmacists can now provide and bill tobacco cessation services under Medicaid’s UnitedHealth/Optum plan. For more information click here.

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

August 21, 2020|Pennsylvania|

South Carolina

The South Carolina Department of Health and Human Services (SCDHHS) plans to transition its pharmacy reimbursement methodology to include an average acquisition cost (AAC) component. Per SCDHHS, the goal of this transition is to ensure that pharmacy reimbursement rates are responsive to drug pricing fluctuations in the South Carolina market.  To support the development and maintenance of AAC rates, SCDHHS has contracted with Mercer Government Health Consulting to establish and maintain the AAC program. Starting September 2020, pharmacy providers will receive a survey requesting copies of pharmacy invoice records to be sent to SCDHHS. Per SCDHHS, this survey will allow the agency to measure the drug acquisition costs incurred by Healthy Connections Medicaid pharmacy providers. A pharmacy stakeholder information session to discuss the AAC survey process and project timeline will be held via webinar Tuesday, August 25, 2020, at 3 p.m. (EST). Providers and stakeholders can register for the webinar here.

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

August 21, 2020|South Carolina|

Texas

To advance our 2021 legislative agenda, NACDS and the Texas Federation of Drug Stores continue to schedule virtual meetings with lawmakers, advocating for increased access to immunizations (including the future COVID-19 vaccine), expanded pharmacists scope of practice, and fair Medicaid reimbursement. In support of these initiatives, NACDS and pharmacists from HEB and Walgreens that live and work key districts recently met with Senator Kelly Hancock (R) (Chair of the Business and Commerce Committee), Representative Geanie Morrison (R), Representative Julie Johnson (D), Representative John Kuempel (R), and Representative Eddie Lucio III (D).

Also in Texas. On September 15th , the Health and Human Service Commission Vendor Drug Program will extend the non-preferred prior authorization duration for macrolides from 30 days to 90 days for people with a diagnosis of Gastroparesis, Cerebral Palsy Gastroparesis, or GERD Gastrostomy complications. Managed Care Organizations are required to comply with this PDL prior authorization criteria, including duration. More information can be found here.

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

August 21, 2020|Texas|

California

The Department of Managed Health Care amended regulations under 28 CCR 1300.67 to clarify when health care service plans must cover diagnostic testing for COVID-19 and specified how quickly testing must be provided for employees, and the process for reimbursement. The emergency rule will expire on January 13, 2021.

Also in California. The Public Health Director Sonia Angell abruptly resigned amid a major data glitch affecting hundreds of thousands of COVID -19 test records, which has hampered counties’ response to the virus. The California Reportable Disease Information Exchange (CalREDIE) currently has a backlog of 250,000 to 300,000 records.

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

August 14, 2020|California|

Colorado

Concerned about pharmacies’ capacity to provide flu vaccines this fall during a time when the health care system is stressed due to COVID, the Department of Public Health and Environment (CDPHE) is asking pharmacies to complete a readiness survey by Monday, August 17, 2020. This survey is intended to gather information from pharmacies about their capacity to provide influenza vaccine for the 2020/2021 influenza season.

Also in Colorado. The Department of Regulatory Agencies (DORA) Division of Insurance adopted an emergency rule establishing coverage and cost-sharing requirements for claims related to testing and treatment of the coronavirus (COVID-19). The rule also adds requirements for access to prescription drugs during the COVID-19 public health emergency allowing covered persons to obtain refills of up to 90 days of prescription drugs before the scheduled refill date so that covered persons are ensured an adequate supply of medications.  Pursuant to the rule, carriers shall not apply a different cost-sharing amount for an early refill of a prescription. The rule expires on November 15, 2020.

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

August 14, 2020|Colorado|

Kentucky

The Board of Pharmacy has published a final rule amending regulations under 201 KAR 2 to update the responsibilities of pharmacists and pharmacist interns under supervision. The rule also removes references to “immediate” supervision and clarifies language. The rule was effective July 3.

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

August 14, 2020|Kentucky|

Louisiana

Medicaid open enrollment for Healthy Louisiana, the Medicaid managed care program, begins on October 15, 2020, and runs through November 30, 2020. During this time, beneficiaries have an opportunity to choose a new health plan or remain with their current plan.

Also in Louisiana. On August 13, the Board of Pharmacy discussed NACDS supported proposed rules regarding technician ratios and technicians administering immunizations.

Also in Louisiana. The Department of Health issued an informational bulletin summarizing temporary changes in provider policies and managed care practices. This bulletin is to inform all providers rendering services to Louisiana Medicaid members, including members of all Medicaid managed care organizations (MCO) on issues including but not limited to, Laboratory Testing of Suspected Patients, Laboratory Testing using High Throughput Technology, Testing and Treatment Coverage, and COVID-19 Counseling and Evaluation and Management Services.

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

August 14, 2020|Louisiana|

Maryland

The Maryland Department of Health has released a bulletin that added the NCPDP-recommended billing code to its approved codes for billing for COVID-19 specimen collection. Details on the bulletin can be found here.

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

August 14, 2020|Maryland|
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