California

NACDS, jointly with the California Retailers Association and the California Pharmacists Association sent Gov. Gavin Newsome (D) a letter requesting no further delays in the April 1, 2021, planned implementation of the Medi-Cal Rx program. In the letter, we questioned why some providers continue to seem ill-prepared given the nearly two years of lead time given all the collaboration and planning that has been taking place. Further, we stated that both patients and providers are counting on a benefit that is easier to navigate, improves access to pharmacies, and improves California’s drug-price negotiating power. Despite these efforts, the Department of Health Care Services (DHCS) subsequently announced that the transition of Medi-Cal pharmacy services from managed care to fee-for-service is being delayed again and will NOT occur on April 1, 2021, due to the need to review conflict avoidance protocols with respect to the Centene acquisition of Magellan. DHCS stated that they plan to announce further info in May. More information on the announcement can be found here.

Also in California, CalAIM is a multi-year initiative by the Department of Health Care Services (DHCS) to improve the quality of life and health outcomes of Californians by implementing broad delivery system, program, and payment reform across Medi-Cal. The DHCS released for public comment draft requirements documents for two components of CalAIM, (1) Enhanced Care Management (ECM) and (2) In Lieu of Services (ILOS). More information can be found on the CalAIM webpage. The public comment ends on March 12, 2021. Comments should be submitted to CalAIMECMILOS@dhcs.ca.gov.

Also in California, The Board of Pharmacy’s Enforcement and Compounding Committee held a virtual meeting on February 18 on white bagging. More information on the meeting can be found here.

Lastly in California, effective February 2, the state Department of Justice issued a final rule amending provisions on 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.

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

February 19, 2021|California|

Florida

The Board of Pharmacy issued a proposed rule to amend regulations under FAC 64B16-31 to clarify the list of chronic health conditions for which a pharmacist can provide to patients of a collaborating physician pursuant to a pending Collaborative Pharmacy Practice Agreement. Comments and hearing requests are due March 8, 2021.

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

February 19, 2021|Florida|

Georgia

The Office of Insurance and Safety Fire Commissioner issued a final 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 also requires 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 imposes penalties and increases existing penalty amounts. The rule was effective on January 1.

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

February 19, 2021|Georgia|

Illinois

The Department of Healthcare and Family Services has posted a new provider notice regarding COVID-19 Vaccine Administration Billing for the Illinois Medicaid Pharmacy Benefits Manager System and the Federal HRSA COVID-19 Reimbursement Program for the Uninsured.

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

February 19, 2021|Illinois|

Iowa

The Department of Human Services has created a Frequently Asked Questions webpage in place of answering billing questions via Informational Letter. Please visit the above link to review the FAQs and responses from the Department.

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

February 19, 2021|Iowa|

Louisiana

On February 24, 2021, the Board of Pharmacy will be meeting virtually. Several issues of interest to chain pharmacies previously discussed by the Regulation Revision Committee are PBM regulations, draft legislative language on collaborative practice, and limited prescriptive authority are included on the agenda. More information on the meeting and the agenda can be found here.

Also in Louisiana, The Board of Pharmacy is holding a public hearing on February 25, 2021, to solicit comments on several issues dealing with marijuana, state of emergency, and other issues. More information about the hearing and the agenda can be found here.

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

February 19, 2021|Louisiana|

Maine

This week the Health Coverage, Insurance and Financial Services Committee considered LD1, legislation which would codify certain PREP Act and Executive Orders. Testimony was introduced to support making these orders permanent including allowing technicians to immunize and lowering the age for pharmacists administered vaccines.

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.

February 19, 2021|Maine|

Missouri

Effective February 18, MOHealthNet changed the early refill policy for medications to 85% for controlled and non-controlled substances. Providers may contact the Pharmacy Help Desk at (800) 392-8030 option 3 if overrides are needed.

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

February 19, 2021|Missouri|

Nevada

The Board of Pharmacy’s March 3-4, 2021 meeting will be virtual. To access the agenda and Zoom instructions, please visit BoardMtgs (nv.gov)

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

February 19, 2021|Nevada|

New Hampshire

This week the New Hampshire House Health, Human Services and Elderly Committee sent to study HB 604, legislation which would mandate that all vaccines for all patients, except Medicare, be handled through the state-run agency. Please visit the above link for more detailed language.

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.

February 19, 2021|New Hampshire|

New Mexico

The Insurance Superintendent issued a notice to health insurers regarding the use of telehealth services during the pandemic, specifying that the HIPAA penalty waiver relating to the use by providers of certain communications technologies will continue through the calendar year 2021 and that the coverage parity requirements that apply to behavioral health services are not linked to the declaration of the public health emergency.

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

February 19, 2021|New Mexico|

New York

As the New York State Legislature considers the Executive budget proposal, NACDS has issued a memo in support of a budget proposal that would expand pharmacists’ authority to immunize. In addition, NACDS submitted testimony in support of key pharmacy provisions in the budget and urging the legislature to not delay the transition of pharmacy benefits from Managed Care to Fee for Service. As a reminder the budget must be finalized by April 1, 2021.

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.

February 19, 2021|New York|

Pennsylvania

Acting Secretary of Health Beam issued an order aimed at increasing providers’ COVID vaccine distribution last week. The order requires providers to set up appointment call centers and meet percentage requirements of doses administered based on doses received. A Frequently Asked Questions document can be found here and acting Secretary Beam’s press conference announcing the order can be viewed here.

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

February 19, 2021|Pennsylvania|

Rhode Island

This week NACDS reached out to the Medicaid Director to urge that Rhode Island consider adjusting its COVID vaccination administration fee to cover pharmacy costs, using the Medicare rate as a reference. The Director stated that he would support such an adjustment. It is now in the internal review process.

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.

February 19, 2021|Rhode Island|

Texas

NACDS sponsored the Texas Pharmacy Day at the Capitol virtual meeting promoting pharmacy’s 2021 legislative priorities – PBM reform, make permanent access to all immunizations by a pharmacist or certified pharmacy technician without a protocol to anyone three and older, and expanded services allowing pharmacists to furnish specific medications under a physician protocol approved by both the Board of Pharmacy and Medical Board.

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

February 19, 2021|Texas|

Alabama

The Board of Pharmacy issues a proposed rule to adopt regulations under AAC 680-X-2 to establish standards under which a pharmacist, pharmacist intern, or pharmacist extern would administer immunizations. A hearing is scheduled for March 17, 2021, in Birmingham. Comments are due March 6, 2021.

Also in Alabama. The Board of pharmacy published an emergency rule to adopt regulations under AAC 680-X-2 to establish temporary provisions to authorize vaccination by registered pharmacy technicians under the direct supervision of a licensed pharmacist. The rule is effective January 20, 2021 and expires upon removal of the governor’s state of emergency or May 20, 2021, whichever is sooner.

Lastly in Alabama. The Board of Pharmacy issues a final rule to amend regulations under AAC 680-X-2 to revise pharmacist consultant continuing education requirements to reflect the renewal cycle. The rule is effective March 17, 2021.

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

February 12, 2021|Alabama|

Arkansas

Gov. Asa Hutchinson (R) signed into law Rep. Boyd’s bill amending the Prescription Drug Monitoring Law requiring both prescribers and dispensers to provide physical copies of written or electronic prescriptions upon request. The bill text can be found here.

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

February 12, 2021|Arkansas|

California

The Department of Health Care Services (DHCS) submitted a disaster relief SPA to the Centers for Medicare & Medicaid Services requesting an increase in reimbursement rates for DME oxygen and respiratory equipment, retroactively effective for dates of service beginning on or after March 1, 2020, or at a later date when DHCS implements the new procedure code. DHCS seeks reimbursement rates for 100 percent of the corresponding Medicare rate. The federal fiscal impact for the rate increase is estimated at $3.4 million.

Also in California. The Department of Health Care Services (DHCS) will not resume retroactive pharmacy claim adjustments on February 11. The retroactive pharmacy claim adjustments due to a change in the reimbursement methodology for covered outpatient drugs in 2017 will continue to be paused until further notice. This pause will apply to all pharmacy claims billed through the Medi-Cal fee-for-service Fiscal Intermediary and includes those claims that were also subject to an alternative payment arrangement.

Also in California. The Board of Pharmacy issued a proposed rule establishing training requirements for pharmacists to independently initiate and provide to patients HIV preexposure and postexposure prophylaxis. The rule also would establish related recordkeeping requirements.

Lastly in California. NACDS co-signed a Coalition letter supporting Gov. Gavin Newsom’s (D) budget proposal authorizing Medi-Cal coverage for Continuous Glucose Monitoring Systems.

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

February 12, 2021|California|

Louisiana

As it is being required by CMS, the Louisiana Department of Health announced plans to launch the new Medicaid Provider Enrollment Portal for screening and enrolling both FFS and MCO patients in April of 2021. All providers must submit applications through the portal within six months of the launch. More information is available here.

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

February 12, 2021|Louisiana|

Mississippi

The Division of Medicaid issued a notice to announce the withdrawal of a September 15 proposed rule that would have amended medical assistance regulations related to a Medicaid State Plan amendment (SPA 20-0013) to allow coverage of vaccine administration by pharmacists under the Vaccines for Children Program. Additionally, the Division of Medicaid issued a proposed rule to amend regulations under Title 23, Part 224, to provide for coverage of vaccine administration by pharmacists. Comments are due February 28, 2021.

Also in Mississippi. The Department of Insurance issued a notice to announce Bulletin 2021-02 to require all health insurers to cover the administration of coronavirus (Covid-19) vaccinations and forego any cost-sharing such as copayments, deductibles, or coinsurance.

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

February 12, 2021|Mississippi|

Pennsylvania

The Department of State issued a waiver allowing pharmacists to provide COVID-19 vaccines to 16- and 17-year-old adolescents. More information can be found on the link above.

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

February 12, 2021|Pennsylvania|

Texas

Gov. Greg Abbott (R) reappointed Cecile Young as the Executive Commissioner for the Texas Health and Human Services Commission (HHSC) for a term set to expire on February 1, 2023.

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

February 12, 2021|Texas|

California

The Department of Public Health issued new guidance regarding COVID-19 vaccine administration and a notice from the Board of Pharmacy about the new guidance was posted in the “COVID-19 Information Box” on the Board’s website.

Also in California. CalAIM is a multi-year initiative by the Department of Health Care Services (DHCS) to improve the quality of life and health outcomes of our Medi-Cal population by implementing a broad delivery system, program, and payment reform. The major components are (1) the Whole Person Care Pilots, (2) Health Homes, and the (3) Coordinated Care Initiative, and will result in a better quality of life for Medi-Cal members as well as long-term cost savings. At the January 28 virtual meeting, DHCS presented a revised CalAIM proposal. DHCS also released a revised Executive Summary that includes a summary of major changes from the original proposal.

Also in California. DHCS, the California Department of Public Health (CDPH), and the California Department of Social Services (CDSS) are co-facilitating a new all-behavioral health provider call that is held every Wednesday at 8 AM PT to discuss topics such as COVID-19 vaccination updates, emergency staffing, and facility flexibilities. It also includes updates from DHCS, CDPH, CDSS, and the California Health and Human Services Agency. More information about the behavioral health all-provider call, including call-in information, meeting notes, and frequently asked questions (FAQs), can be found on the DHCS website.

Also in California. The DHCS released its telehealth policy recommendations consisting of broad-based telehealth policy changes that would remain permanent fixtures following the eventual termination of the COVID-19 public health emergency (PHE). DHCS is seeking to modify or expand the use of synchronous telehealth, asynchronous telehealth, telephonic/audio-only, other virtual communication and to add remote patient monitoring to create greater alignment and standardization across delivery systems, as indicated. DHCS’ proposal includes advancing the following telehealth policy recommendations effective July 1, 2021. For more information relative to DHCS’ full post-PHE telehealth policy recommendations, please review the telehealth policy recommendations document, which is available on both DHCS’ Telehealth webpage and DHCS’ COVID-19 Response page. DHCS is also proposing trailer bill legislation (TBL), which will be posted on the Department of Finance’s TBL webpage.

Also in California. The DHCS released the “Medi-Cal Specialty Disease Pharmacy Reimbursement Study” aimed at analyzing specialty disease state drug reimbursement to Medi-Cal fee-for-service (FFS) pharmacy providers. The purpose of the two-part survey was to compare the National Average Drug Acquisition Cost (NADAC) price benchmark against Average Acquisition Cost (AAC) in California for a select group of specialty drugs. Additionally, the survey asked specialty pharmacy providers to list specialized services provided to Medi-Cal beneficiaries to ensure adherence and compliance and to monitor positive and negative outcomes from the drug therapy. The survey report memo, report, and appendices are available on the DHCS website.

Lastly in California. Gov. Gavin Newsom (D) signed an Executive Order aimed at bolstering efforts to vaccinate as many Californians as possible as quickly as possible by protecting certain health care professionals and providers from legal liability when they render services at the request of state or local officials during a state of emergency.

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

February 5, 2021|California|

Colorado

The Department of Health Care Policy and Financing (HCPF) announced a COVID-19 vaccination reimbursement rate increase reflecting the extra costs providers might incur in efforts to vaccinate Health First Colorado, the state’s Medicaid program, and Child Health Plan Plus (CHP+) members, retroactive to November 20, 2020. The new rate is $19.27 for the first dose and $28.39 for the second dose – a 24% increase over our standard vaccine administration rates. These updated rates can be found on the Department of Health Care Policy & Financing’s Provider Rates and Fees website under the “Immunization Rate Schedule” section.

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

February 5, 2021|Colorado|
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