Oklahoma
The Board of Pharmacy issued a reminder that the Board of Nursing has a rule that requires the name of the supervising physician to be on the prescription from nurse practitioners.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Dakota
The Board of Pharmacy published its July 2021 Newsletter. Highlights include information from the PDMP Director with recommendations to follow if a prescription is suspected of being fraudulent and with information to access Nebraska data. Please recall that the board announced on April 14 that interstate data sharing was established with Nebraska.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
The Department of Health and Human Services (HHSC) announced its submission of an extension application to the Centers for Medicare & Medicaid Services (CMS) for the Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. The extension request is for approximately 10 years, and reflects the same terms and conditions agreed to and approved by CMS on Jan. 15, 2021. It will allow Texas to continue flexibility to pursue the goals of the existing 1115 waiver:
- Expand risk-based managed care to new populations and services.
- Support the development and maintenance of a coordinated care delivery system.
- Improve outcomes while containing cost growth.
- Transition to quality-based payment systems for managed care and providers.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
After 16 months under a declared state of emergency due to the COVID-19 pandemic, on July 8th Gov. Jared Polis (D) ended all emergency orders connected with the pandemic.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Delaware
On July 13 Governor John Carney (D) ended the state Public Health Emergency and all Executive Orders. On July 12, the Governor issued a new Executive Order authorizing pharmacists, pharmacy technicians and interns to administer COVID testing and vaccinations.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Iowa
The Drug Enforcement Administration (DEA) Ohama Field Division is conducting a series of Lunch and Learn sessions related to fraud and abuse associated with promethazine with codeine. Details are available in the flyer that includes link to register. For more information, contact the DEA Diversion Outreach Coordinator Erin Payne.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
Effective July 1, 2021, the state adopted a single Louisiana Medicaid Single PDL – Fee for Service and Managed Care Organizations . The Preferred Drug List (PDL)/Non-Preferred Drug List (NPDL) is a list of over 100 therapeutic classes reviewed by the Pharmaceutical & Therapeutics (P&T) Committee.
Also in Louisiana, the Board of Pharmacy Regulation Revision Committee will be meeting in Baton Rouge on August 3rd to numerous proposed draft rules found here – http://www.pharmacy.la.gov/assets/docs/Cmtes/RegRev/Agenda_2021-0803.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maryland
The Office of Pharmacy Services has issued an advisory to notify pharmacies that the Medicaid Fee-for-Service (FFS) Program Pharmacy Services call center helpline is returned to live call operations on July 14. If you are interested in directly receiving upcoming advisories, please forward your name, company affiliation and email address directly to: Deborah.washington@maryland.gov
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
The Board of Pharmacy met virtually on July 14 and 15 to review legislation that was approved by the Missouri General Assembly earlier this year including the new Prescription Drug Monitoring Program/Rx Cares for Missouri law SB 63 effective August 28, 2021. Also, the Board discussed several draft bills for the 2022 legislative session, including proposal to expand access to immunizations by eliminating the prescription order.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Hampshire
Governor Chris Sununu (R) signed into law SB155 which provides permanent authority for pharmacists and pharmacy technicians to administer COVID testing and pharmacy technicians to administer COVID vaccinations. The law went into effect immediately on July 9, 2021.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Ohio
The Board of Pharmacy announced their appointments to the Pharmacy Workforce Advisory Committee.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
The 30-day special session that Gov. Greg Abbott (R) convened on July 8th came to an abrupt halt on July 12th when the many Democrat legislators fled the state breaking a quorum to block a vote on the election integrity bill. Under House rules, all business was suspended because the absent Democrats meant that there were not members present to conduct business.
Also in Texas, the Texas Federation of Drug Stores (TFDS), the Texas Medical Association (TMA), the Texas Pharmacy Association (TPA) sent a joint letter https://www.nacds.org/ceo/2021/0716/PMP-Funding-Letter-vF07.9.21.pdf requesting the legislature appropriate $5.4 million for 2022-23 biennium to fund the Texas State Board of Pharmacy's Prescription Monitoring Program (PMP). It is critical that these funds be appropriated before September 1, 2021, to prevent any PMP usage interruptions. Without funding, these critical tools to help slow and prevent the opioid abuse crisis may cease.
Finally in Texas, the state Comptroller Glenn Hegar's (R) latest revenue estimate released last week in advance of the special session shows the current two-year budget cycle with a general revenue balance of $5 billion for the fiscal cycle that ends on August 31, 2021.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
Effective July 1, 2021, the Vermont Medicaid program will allow reimbursement for pharmacists providing tobacco cessation counseling. Tobacco Cessation CPT codes 99406 and 99407 will be open for pharmacist to bill with no PA required. Further details are provided in this Vermont communication.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Arizona
The Industrial Commission of Arizona posted the 2021-22 Fee Schedule Staff Proposals and Request for Public Comment on June 29. The proposal relates to Workers' Comp claims. The 2021-22 Arizona Physicians' and Pharmaceutical Fee Schedule includes a new product reimbursement methodology including NADAC. A public hearing will be held on July 29.
Also in Arizona, on July 2, Gov. Doug Ducey (R) announced plans to rescind a variety of pandemic-related executive orders (EOs) related to the public health emergency including these pharmacy-related EOs:
- Effective July 1, the following EOs was rescinded:
- Executive Order 2020-17 deferred requirements to renew state agency and board licenses that had an expiration date between March 1, 2020 and September 1, 2020 by six months from the expiration date unless those requirements could be completed online. The timeframe for the deferrals lapsed on March 1.
- Executive Order 2020-58 ensured cost-sharing requirements, such as co-pays and co-insurance, for the COVID-19 vaccine are waived. This policy was codified by congress through the CARES Act.
- Effective July 9, the following EO was rescinded: Executive Order 2020-20 allowed pharmacists to dispense emergency refills of maintenance medications for up to 180 days, minimizing unnecessary trips to the doctor. With legislation expanding availability of telemedicine, obtaining refills is now more accessible.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
Pharmacy facility licenses with a PHY prefix may be renewed on the Board of Pharmacy’s website with credit card payment. Online payments may be submitted no more than 60 days prior to the expiration date and allow two business days for processing.
Also in California, the Department of Health Care Services reminds providers that the California poppy and blue and white version of the Benefits Identification Card (BIC) are still be to accepted by providers, and providers must continue to verify eligibility.
Also, the California, the Board of Pharmacy will conduct several committee meetings as follows. The Full Board Meeting will be held on July 28-29; agenda and materials will be posted on the website in advance.
- Licensing Committee agenda for July 14
- Communication and Public Education Committee agenda for July 14
- Enforcement and Compounding Committee agenda for July 15
- Legislation and Regulation Committee agenda for July 15
Also in California, AB 128, the 2021-22 budget bill authorizing Medi-Cal coverage of continuous glucose monitors for adult individuals with type 1 diabetes effective January 1, 2022, has been signed into law (Chapter 21, Statutes of 2021).
Finally in California, the Board of Pharmacy announced the extension of the pharmacy law waiver related to retired or canceled pharmacist licenses until September 1 or when state of emergency ends, whichever is sooner.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
The Department of Health proposed to amend regulations under FAC 64D-3 to add the coronavirus (COVID-19) to the list of reportable diseases and conditions. Comments and hearing requests are due July 21.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
The Department of Human Services issued a proposed rule that would amend regulations under 77 IAC 2070 to add dronabinol oral solution and capsules to the list of Schedule II controlled substances. Comments are due August 9.
Also in Illinois, the Department of Healthcare and Family Services has posted a new Provider Notice regarding Critical Access Pharmacy (CAP) Dispensing Fee Fiscal Year 2022 Attestation.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Louisiana
The Department of Health (LDH) issued several new Medicaid bulletins for pharmacies:
- Louisiana Medicaid Pharmacy Point of Sale Diagnosis Code Requirements for Select Drugs – Effective July 1, 2021
- Louisiana Medicaid Pharmacy Point of Sale Quantity Limit for Dulaglutide (Trulicity®) – Effective July 1, 2021
- Louisiana Medicaid Pharmacy Point of Sale Clinical Authorization and Criteria Updates for Select Drugs – Effective July 1, 2021
- Louisiana Medicaid Pharmacy Educational Alert for Opioid Prescriptions – Effective July 1, 2021
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Minnesota
Gov. Tim Walz (D) signed HF 33, the Health and Human Services omnibus budget bill on June 29. Notably, the final bill includes an increase in the Medicaid professional dispensing fee from $10.48 to $10.77, an expansion of the list of drugs permitted to be dispensed in a 90-day supply, an allowance for medication therapy management via telehealth and a requirement that Medicaid conduct a cost of dispensing study to determine a statewide dispensing fee for specialty drugs.
Also in Minnesota, the Board of Pharmacy posted an announcement and FAQs that they rescinded COVID operational variances due to Gov. Walz ending the state of emergency on July 1. The Board expects pharmacies to be compliance with current statute and rules by July 16. The announcement clarifies that the PREP Act and Declarations pre-empt state laws and remain in effect.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
NACDS submitted comments opposing the inclusion of discount cards and programs in the definition of Usual and Customary that could contribute to below-cost pharmacy reimbursement.
Also in Missouri, Gov. Mike Parson (R) signed into law legislation passed during the special session that extends the Federal Reimbursement Allowance (FRA) program, which is a provider tax on pharmacies, hospitals, nursing homes and other health-care providers that are critical to drawing down federal match to fund Missouri's Medicaid program to 2024. The FRA is currently set to expire September 30. (SB 1)
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The next meeting of the Medicaid DUR Board Meeting will be held on July 13.
Also in Nebraska, given the expansion of testing availability throughout the state and decreased volume of specimens submitted to Test Nebraska, the Department of Health and Human Services announced that Test Nebraska will no longer be collecting COVID-19 specimens after July 18.
Finally in Nebraska, Gov. Pete Ricketts (R) announced the end of the coronavirus state of emergency at 11:59 p.m. on June 30. The Governor issued Executive Order (EO) 21-09 to rescind pandemic-related executive orders. With a few exceptions, the coronavirus executive orders will expire on July 30, which is thirty days after the state of emergency ends. NACDS researched and identified the following as impacting pharmacies, pharmacists, interns and/or technicians and expiring on July 30.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
North Carolina
The Board of Pharmacy announces a notice to issue a temporary rule that would adopt regulations under 21 NCAC 46 to establish standards under which a pharmacist can administer long-acting injectable pharmaceuticals formulated to produce sustained release and gradual absorption. The rule also would establish recordkeeping requirements. A hearing is scheduled for August 2 by teleconference. Comments are due August 3.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Ohio
On June 30, Gov. Mike DeWine (R) signed HB 110, the biennial state budget bill. Included in the bill is a total of $15 million ($5,000,000 in Fiscal Year 2022 and $10,150,000 in Fiscal Year 2023) to continue funding for the Medicaid managed care pharmacy supplemental dispensing fees.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
REMINDER: The Board of Pharmacy cancelled all the COVID waivers effective July 1. If there is a need for a COVID waiver, then a request to reapply must be made to the board.
Also in Oklahoma, beginning July 1, the Board of Pharmacy transitioned to an online system where all new licenses and license renewals must be paid for through the Board's online store. The Board will only accept credit card payments (Mastercard or Visa) or Electronic Fund Transfers (EFT). For additional information, contact the Board.
Lastly in Oklahoma, the Board issued this reminder that the law on E-Scripts and OBNDD (Oklahoma Board of Narcotics and Dangerous Drugs) prescription pads does not apply to prescribers practicing in a federal facility, including Indian Health Services/Tribal pharmacies. The Board explained this is because prescribers can work there and be licensed in another state and not be licensed in Oklahoma. Furthermore, the Board stated the prescriptions from these federal facilities are legal and appropriate to fill if all other requirements are met.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The PACE program issued a Bulletin announcing it will reinstate the early refill edit that was temporarily lifted due to COVID-19 concerns. Additionally, the edit allowing a temporary override for quantities greater than 100 and a day’s supply greater than 30 will be removed when PACE is the primary payer. Both will be effective August 2. Questions may be directed to Provider Services at 1-800-835-4080.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.