Nevada
Gov. Steve Sisolak announced that he is convening a special session of the legislature in early July to address financial and COVID–19 pandemic issues. Nevada anticipates an $812 million budget shortfall this fiscal year ending June 30, 2020 preliminary estimates indicate an approximate $1.3 billion budget shortfall for the 2021 fiscal year that starts July 1, 2020.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
On June 18th, Gov. Michelle Lujan Grisham convened a special legislative session to address the state’s huge fiscal shortfall caused by the oil price crash and novel coronavirus pandemic. The modified budget approved by both the House and Senate that was sent to the Governor uses a combination of spending cuts and federal funding to deal with a projected $2 billion drop in state revenue for the next fiscal year. The revised fiscal year 2021 budget reduces spending by more than $600 million, bringing the budget to $7 billion. The revised budget reduces spending by 4 percent for most state agencies.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Carolina
Board Rule .1615 requires all pharmacy and DME permit applicants and holders to obtain and report an e-Profile number issued by the National Association of Boards of Pharmacy (NABP) as a condition of permit issuance or renewal. The renewal period opens on November 1, 2020, all pharmacy and DME permits will be required to provide their business e-Profile number on the renewal application. If a business e-Profile number is not provided, the pharmacy or DME facility will be unable to complete the renewal process. Pharmacies and DME facilities may obtain an e-Profile number without cost. Directions for doing so are found here. A few pharmacists have reached out to the Board and are experiencing technical difficulties obtaining a business e-Profile number from NABP. The issue seems to arise when a pharmacist uses the same computer, browser, and email address that the pharmacist uses to access their personal e-Profile number. NABP staff have identified that the cookies/cached information of the personal e-Profile log-in as creating the problem. NABP staff recommend the following steps prior to creating a business e-Profile: clear the cookies/cache on your current internet browser, use a different internet browser (Google Chrome and Firefox are preferable), create the business e-profile number with a different email address than the one used for your personal e-profile number. If problems persist, please contact NABP.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
South Carolina
South Carolina Department of Health and Human Services has announced a temporary, updated provider payment schedule for #HealthyConnections Medicaid claims submission and payments to accommodate the Independence Day holiday. Key dates are included in the full alert, which is available here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
South Dakota
South Dakota Medicaid is processing a special payroll on Monday, June 29, 2020. Remittance Advices from the payroll will be available on the South Dakota Medicaid online portal on Tuesday, June 30, 2020. Medicaid will have its regularly scheduled payroll on Wednesday July 1, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Texas
NACDS, and our in-state partner, the Texas Federation of Drug Stores, initiated two Zoom conferences with state legislators this week. Walgreens pharmacist Ahmed Jallad participated on the call with El Paso State Senator Jim Moody, and HEB pharmacists Doug Read, Jay Bueche and Carlos Villareal joined the call with Sen. Judith Zaffarini of Laredo to discuss our pharmacy agenda: enhancing technician duties and ratios, expanding access to immunizations, and our efforts to make some of the temporary COVID Executive Order’s permanent. Both legislators were very interested expanding access to immunizations.
Also in Texas. The following rules approved by the Board of Pharmacy went into effect on June 18th.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 283 to remove references to pharmacist intern-trainees.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 283 concerning the pharmacist-pharmacy intern relationship and duties to remove references to pharmacist intern-trainee.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 295 to remove the change of name fee for pharmacists.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 295 to require mental health awareness continuing education and clarify the continuing education requirements for pharmacists during their initial license period.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 283 concerning pharmacy interns to remove references to pharmacist intern-trainees and certain requirements for a pharmacist intern, and correct grammatical errors.
- Final rule of the Board of Pharmacy adopts regulations under 22 TAC 281 to establish provisions for the temporary suspension or restriction of a pharmacy license or registration based on the determination of a disciplinary panel.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 297 to remove the change of name fee for pharmacy technicians and pharmacy technician trainees.
- Final rule of the Board of Pharmacy amends regulations under 22 TAC 283 to remove references to a pharmacist intern-trainee, clarify that a pharmacist preceptor must be certified by the board, and remove a fee for a duplicate or amended certificate.
- Final rule of the Board of Pharmacy repeals regulations under 22 TAC 291 to remove provisions on Limited Prescription Delivery Pharmacies (Class H), which no longer exist.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arkansas
On June 12th, NACDS submitted a letter to the Department of Human Services Division of Medical Services in support of a proposed rule that would expand the availability of Opioid Use Disorder (OUD) medications and services in the Medicaid program. If adopted, the rule would remove prior authorization for preferred oral drugs for OUD, helping to alleviate administrative burdens on pharmacists and enabling patients to receive their prescriptions in a timelier manner. Additionally, it would allow medication assisted therapy drugs to be exempt from the monthly prescription benefit limit and copay requirement, which would improve access to these important OUD therapies.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Board of Pharmacy is meeting via teleconference on June 18, 2020. https://pharmacy.ca.gov/about/meetings_full.shtml.
Also in California... Effective July 1, 2020, the Department of Justice adopts a Final rule regarding access to and use of the Controlled Substance Utilization Review and Evaluation System (CURES), a database of Schedule II, III, and IV controlled substance prescriptions dispensed in the state. The rule establishes procedures for seeking and approving access to information in the CURES database and the purposes for which a prescriber, pharmacist, interstate prescriber or pharmacist, and other interested parties may access and use the data. The rule also establishes security and privacy requirements needed to facilitate interoperability between health information technology systems and CURES.
Also in California... Comments are due on July 13, 2020 on a Board of Pharmacy Proposed rule updating licensing requirements for dangerous drug distributors, including third-party logistics providers (3PLs). The rule would add requirements for 3PLs that are similar to the requirements for drug wholesalers, establish when 3PLs must have a designated representative present and in control and require activity reporting.
Also in California... The Board of Pharmacy announced that they were reopening their offices to the public on June 15th with normal hours of operation Monday through Friday from 8:00 a.m. to 5:00 p.m.
Also in California... Gov. Gavin Newsom appointed Will Lightbourne to serve as Director of the California Department of Health Care Services. Previously, Lightbourne was the Director of the California Department of Social Services from 2011 to 2018.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
On June 15th, the General Assembly adjourned, its regular session interrupted and cut short by COVID-19. Lawmakers were only in the Capitol for 84 of the 120 days of session.
Also in Colorado... PEP/PrEP legislation NACDS and other pharmacy groups supported that allows pharmacists to prescribe and dispense the medications to prevent HIV, and receive compensation for consultation, passed both houses and was sent to Gov. Jared Polis to sign into law. (HB20-1061)
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
The District of Columbia Board of Pharmacy issued an Emergency Rule to allow for pharmacists to order and administer COVID-19 tests. NACDS, NCPA, FMI, and the National Grocers’ Association submitted a joint letter on the barriers remaining under the emergency rule, explaining why the emergency rule is unnecessarily restrictive and overly administratively burdensome
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
The Board of Pharmacy is meeting via teleconference at 1 PM on June 25, 2020. http://www.pharmacy.la.gov/assets/docs/Board/2020-0625_1_Agenda.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Michigan
Michigan Gov. Gretchen Whitmer (D) has extended her previous Executive Order, including permitting early refills for up to 90-days’ supply and relaxing regulatory limitations on pharmacy operations.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Minnesota
The Minnesota Retailers Association, Minnesota Pharmacists Association, Minnesota Grocers Association and NACDS are offering a webinar presentation on the insulin safety net program with Board of Pharmacy Executive Director Dr. Cody Wiberg, including an opportunity for Q&A. This webinar is intended for pharmacies and pharmacists as they prepare for the July 1 program launch. We encourage pre-registration in order to allow us to monitor capacity: www.mnretail.org/insulin. Participation is limited to 100 seats. Thursday June 25, 2020, at 1:00 pm CDT.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Mississippi
Proposed rule of the Division of Medicaid would amend regulations under Title 23, Part 209, Chapters 1 and 2, to clarify requirements for beneficiary signatures for durable medical equipment and/or medical supplies delivered during a national or statewide emergency. A hearing has not been schedule at this time. Comments are due June 30, 2020.
Also in Mississippi... Proposed rule of the Board of Pharmacy would adopt regulations under Title 30, Part 3002, Chapter 8, to establish requirements and procedures for background checks for applicants for a board license, registration, or permit. The rule would address petitions for determination, determination factors and disqualifying crimes, and the disqualifying determination notification. Comments are due June 29, 2020.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Missouri
From the Missouri Department of Social Services and MOHealthNet: The 6/12/20 remittance advice represents claims captured from 5/30/20 through 6/7/20 as outlined in the SFY20 Claims Processing Schedule made available in May 2019. Claims received between 6/8/20 through 6/26/20 will be processed on the next financial cycle, 6/26/20 which has a check/deposit date of 7/7/20. Questions and comments regarding any other issues should be directed to: ask.MHD@dss.mo.gov.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nevada
The Board of Pharmacy drafted a Proposed rule to define a “person who exercises significant influence over the operation” with respect to applicants for licensure for wholesale distribution of prescription drugs. The rule also would revise background check and fingerprint requirements, requirements for designated representatives of wholesalers, and bond requirements for wholesalers with multiple sites. In addition, the rule would modify wholesaler recordkeeping requirements. Comments are due on or before the July 17, 2020 Board meeting in Las Vegas.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Ohio
The Ohio Department of Medicaid (ODM) presented an update this week before the Office of Administration’s Prescription Drug Transparency and Affordability Council. In addition to providing updates on Single PBM Procurement, ODM announced:
- implementation of SB 265 – permissive provider status for administering immunizations, drugs and DTM under CP;
- that beginning next week, pharmacies can bill for COVID-19 testing by using an NPI number;
- that It is delaying the implementation of the planned “supplemental dispensing fee” by allocating spread pricing dollars due to state budget concerns
For a version of the presentation with audio go to 33:13 here.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
After cancelling their March 25th and May 20th meetings, the Board of Pharmacy decided to hold an in-person Board meeting at their office on June 17th. There was no webcast of the meeting. https://www.ok.gov/pharmacy/documents/Agenda_20200617.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The Oregon Legislature will convene in Special Session next week for the purpose of discussing police and justice reforms. At this time, additional issues are not anticipated to be addressed.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Tennessee
Proposed rule of the Department of Mental Health and Substance Abuse Services would repeal and readopt regulations under RRT 0940-06-01 to update standards on controlled substances. The rule would include the schedules of controlled substances and lists of certain non-narcotic substances, chemical preparations, prescription products, anabolic steroids, and cannabis products that are excluded from the schedules. A hearing is scheduled for July 22, 2020, in Nashville or WebEx. Comments are due before 4:30 p.m. CDT on Aug. 3, 2020.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
On June 10th, the Board of Pharmacy posted on their website COVID-19 testing guidance for pharmacists and pharmacies.
Also in Texas... The Health and Human Services Department Vendor Drug Program (VDP) Medicaid Pharmacy Provider Procedural Manual recent update includes payment providers algorithms stating that the VDP pharmacy claims systems consider usual and customary price to include discount cards….. “Pharmacies cannot exclude discount prices given to customers from its determination of the most frequently charged price for the same drug when reporting the UAC price to Texas Medicaid on a claim transaction. If a discount price is advertised for a drug then the discount price must be reported to Texas Medicaid as the UAC price for the same drug, unless the most frequently charged price is lower.”
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alabama
Notice of the Board of Pharmacy announces that a pharmacist may fill a noncontrolled-substance maintenance medication prescription with an appropriate number of 30-day supply refills through the year with a 90-day supply with the commiserate number of refills without contacting the physician to obtain a new prescription. This policy was accepted by the Board of Pharmacy during the Business Meeting held on May 13th.
Also in Alabama... The Alabama Board of Pharmacy has issued several notices which can be found below. A hearing is scheduled for July 22, 2020, in Birmingham. Comments are due July 15, 2020.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to clearly and accurately communicate pharmacy technicians’ requirements for each renewal cycle and also include background checks for reinstatement of pharmacy technicians.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to update the pharmacy technician continuing education requirement timelines to match registration requirements.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to remove outdated requirements for pharmacies to have a prescription balance.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-3 to allow for a one-time, nondisciplinary administrative penalty of $500 for late renewal of a controlled substance permit. This penalty shall be in addition to the prevailing renewal fee. Any subsequent instance of late renewal shall result in disciplinary action.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to add language consistent with federal requirements under the Drug Supply Chain Security Act (DSCSA) and provide clarity for new categories and facilities including private label distributors, repackagers, third-party logistics providers, and outsourcing facilities. The rule would address requirements for security, recordkeeping, inspections, written policies and procedures, operations, transfer of ownership, personnel, and violations. A hearing is scheduled for July 22, 2020, in Birmingham.
Proposed rule of the Board of Pharmacy would adopt regulations under AAC 680-X-2 to establish requirements for prescriptions of noncontrolled substances. The rule would address requirements for original prescriptions and transfers.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arkansas
The Board of Pharmacy will hold a public hearing on Monday, June 15, 2020 on the following four proposed rules:
Proposed rule of the State Board of Pharmacy would amend regulations under Rule 1- General Operations to add new language outlining expedited licensing for qualified individuals in accordance with Act 820 of 2019 and to match statutory language updated by Act 990 of 2019 to remove references to the terms “good moral character and temperate habits” along with other clean up language for clarification.
Proposed rule of the State Board of Pharmacy would amend regulations under Rule 2 – Pharmacists to remove provisions on armed forces certificates to reflect concurrent proposed changes to Rule 1 to cover all permit types in accordance with Act 820 of 2019. The rule will also remove references to the terms “good moral character and temperate habits” in accordance with Act 990 of 2019 along with other minor clean up language.
Proposed rule of the State Board of Pharmacy would amend regulations under Rule 3 – Pharmacy Technicians to remove references to “good moral character and temperate habits” in accordance with Act 990 of 2019.
Proposed rule of the State Board of Pharmacy would amend regulations under Rule 11 – Criminal Background Checks to match statutory language updated by Act 990 of 2019 regarding eligibility for licensure or registration, to add language regarding Pre-Licensure Criminal Background Checks pursuant to Act 990 of 2019, and to remove outdated language regarding criminal background checks and update terms of offense rather than crime as reflected in statues.
Also in Arkansas... The Board of Pharmacy met via teleconference on June 8th. Pharmacist Lenora Newsome was elected president, replacing Debbie Mack.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Board of Pharmacy is scheduled to meet via teleconference on June 18, 2020. Link to agenda – https://www.pharmacy.ca.gov/meetings/agendas/2020/20_jun_bd.pdf
Also in California... The Department of Health Care Services that manages the Medi-Cal fee-for-service program announced the annual check-write two-week delay. Medi-Cal fee-for-service providers scheduled with a warrant date of June 18, 2020, will be deferred until July 2, 2020, a day after the start of the new fiscal year.
Also in California… Assembly Member Jim Wood’s bill AB 2100 that NACDS, the California Retailers Association and the California Pharmacists Association strongly support passed off the Assembly floor on June 6th by a 62-0 vote. bill requires the Department of Health Care Services (DHCS) to contract with a vendor to survey specialty drug price information for the purpose of determining the actual acquisition costs (AACs) for specialty drugs. It also requires DHCS to provide a disease management payment to a pharmacy pursuant to a contract with DHCS for the costs and activities associated with dispensing specialty drugs. The bill corrects the “below-acquisition cost” reimbursement issue caused by the new methodology mandated by the Affordable Care Act in 2016. Further it repeals the Medi-Cal fee-for-service (FFS) limit of no more than six prescribed drugs per month unless prior authorization is received and repeals the Medi-Cal $1 copayment.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
The Department of Healthcare Finance (DCHF) will hold its quarterly pharmacy forum virtually on Wednesday, June 17, 2020 from 1:00– 3:00 pm and Thursday, June 18, 2020 from 10:00 am – 12:00pm. All current providers in the fee-for-service program are welcome. Please rsvp to Allison Williams to receive the call–in information.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.