Montana
HB 710, legislation permitting pharmacy interns and technicians to administer immunizations, passed the House (90-8) and was transmitted to the Senate on March 3.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Mexico
While the legislature is scheduled to adjourn their 60-day session on March 18, several bills of interest to pharmacies are pending.
SB 92, legislation that would allow a pharmacist to order, test, screen and treat for five enumerated conditions (COVID, influenza, group A strep pharyngitis, uncomplicated urinary tract infection, and HIV [limited to pre- and post-exposure prophylaxis]) as well as any other conditions of public health importance identified by the Department of Health, was amended in committee, and passed the Senate. The bill was referred to the House and is scheduled for a hearing in the House Health and Human Services Committee on March 10.
HB 451 is the PBM tiered reimbursement rate bill that was filed late and recently reported favorably from the House Health and Human Services Committee. It is currently pending in the House Appropriations and Finance Committee with a fiscal note.
SB 14, legislation regulating the practice of PBMs, was voted favorably from the Senate Tax, Business and Transportation Committee, and referred to the Senate Judiciary Committee for further action
HB 177, therapeutic interchange legislation that would allow pharmacists to change an initial prescription to comply with the health plan formulary, is on the House calendar awaiting a floor vote. HB 132 provides payment parity for mail order and retail pharmacies, is also awaiting a House floor vote.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On March 14, NACDS will be joining the Pharmacists Society of the State of New York (PSSNY (Pharmacists Society of the State of New York)) in a rally in support of the Medicaid transition to fee-for-service. Beginning April 1, 2023, all Medicaid members enrolled in Mainstream Managed Care will receive their prescription drugs through NYRx, the Medicaid Pharmacy Program. The rally is to advocate to the legislature so no action would alter the planned transition.
On March 21 at 1:00 p.m., the State Department of Health will be holding its next online seminar for all stakeholders about the pharmacy benefit transition. Members, providers and all interested stakeholders are welcome to attend regarding the transition.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Tennessee
TennCare has contracted with Mercer Government Human Services Consulting (Mercer) to conduct a professional cost of dispensing survey and a survey of acquisition cost data, also known as the Average Actual Acquisition Cost (AAAC) survey. Both surveys will begin on April 3, 2023, and must be submitted to Mercer no later than May 12, 2023.
All network pharmacies will be required to complete the professional cost of dispensing survey; however, only select pharmacies will also be required to complete the biannual AAAC survey.
Mercer will conduct a technical online seminar on March 20, 2023, at 10:00 AM CST to discuss both surveys and answer any provider questions. Please utilize the log in information below to join:
Link: https://mmc.zoom.us/s/92516957090?pwd=S0p3bm9JeHFGRTJ4R2NOeTZMNitnUT09
Passcode: 030511
Please feel free to direct any questions regarding the survey to (Lora.Underwood@tn.gov) or mercerrxpassage@mercer.com.
Also in Tennessee, please view the pharmacy provider notification regarding missing AAAC rates. You can contact the OptumRx Pharmacy Supports Center at 866-434-5520 or tnrxeducation@optum.com if you have any questions.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
Legislation has been filed in both the House and Senate that would prohibit the Health and Human Services Commission’s Vendor Drug Program from including any discount price offered for the prescription drug, including a discount offered through a third-party discount card when defining the price of a prescription drug for purposes of determining the Usual and Customary (U&C) reimbursement rate for Medicaid. These bills include SB 1619 by Sen. Charles Perry (R) and HB 3214 by Rep. Donna Howard (D).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Utah
HB 288 (1st Sub.), legislation requiring a pharmacist who dispenses opioids to offer to counsel the patient or the patient’s representative on the use and availability of an opioid antagonist and offer to dispense an opioid antagonist with a prescription or under other defined criteria, passed both the House and the Senate and will be sent to Gov. Spencer Cox (R) for his consideration.
Also in Utah, SB 193, legislation that a health insurer may not require a pharmacy to dispense a clinician-administered drug directly to an enrollee with the intention that the enrollee will transport the drug to a healthcare provider for administering, passed the Senate and the House and will be sent to Gov. Cox for his consideration.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Washington
Broad reform legislation regulating PBMs, 2SSB 5213, that was supported by the Insurance Commissioner, the Washington State Pharmacy Association, and pharmacies, which would have prohibited requiring the use of mail-order pharmacies except for specialty drugs, reimbursing pharmacies below costs and excluding pharmacies from the network, died on the Senate floor on March 8.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
The 2023 General Session of the 67th Wyoming Legislature adjourned on March 3.
The following bills were signed into law by Gov. Mark Gordon (R):
- SF 7 (Enrolled Act No. 36), legislation amending the definition of “opiate antagonist” to mean any device or medication approved by the U.S. FDA for the treatment of an opiate drug related overdose effective immediately upon completion of all acts necessary for a bill to become law.
- SF 9 (Enrolled Act No. 53), legislation authorizing payment for services rendered by a licensed pharmacist under the Medical Assistance and Services Act effective July 1, 2023.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alabama
All previously published expiration dates related to the COVID-19 public health emergency (PHE) are once again extended by the Medicaid Agency (Medicaid). The new expiration date is the earlier of March 31, 2023, or any expiration date noticed by Medicaid through a subsequent ALERT.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.