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.
Georgia
he 2020 Georgia legislative session will resume on June 15, 2020 at 10:00 am. The discussion will focus upon the announced 14% cuts across the board to the state budget, which constitutionally must be passed by the end of the June.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
Medicaid has announced that they have resumed the pre-COVID 19 process for early refill requests in both the fee-for-service and managed care process, effective for dates of service on or after June 1st.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Kentucky
Gov. Andy Beshear has signed an executive order that extends previous orders allowing pharmacists to dispense 30-day refills. This order will be in effect until July 7, 2020.
Also in Kentucky... The Department of Medicaid awarded contracts to Aetna Better Health of Kentucky, Humana Health Plan and Wellcare Health Insurance of Kentucky, United Healthcare and Molina Health Care. The latter two companies are new to the program. The new contracts will be effective in Jan. 2021.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Maryland
Medicaid has published an Advisory with updated NDC codes for pharmacies to bill for COVID-19 testing specimen collection.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Mississippi
Notice of the Board of Pharmacy announces a statewide standing order to authorize dispensing and administration of naloxone by pharmacists licensed to practice in the state. The order is effective May 18, 2020 and expires May 18, 2021.
Also in Mississippi... Proposed rule of the Division of Medicaid would amend regulations under Title 23, Part 214, Chapter 1, Rules 1.12 to add standards that remove the beneficiary signature requirement for prescription drug delivery during a national or statewide emergency. The rule also would add to the list of facilities exempted from certain beneficiary signature requirements. No hearing is not scheduled on this rule. Comments are due June 27, 2020.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Missouri
The Missouri Board of Pharmacy published an update outlining which COVID-19 related waivers from Executive Order 20-04 would expire on June 15, 2020 and which waivers are extended until September 1, 2020. Waivers to expire June 15th include practice by out of state pharmacists and technicians, albuterol substitution, emergency dispensing, and dispensing verified medication by technicians and pharmacy interns when the pharmacist is not physically present in the pharmacy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New Mexico
The legislators will return to Santa Fe on June 18, 2020 for a special session on the budget deficit caused by plummeting oil and gas prices, combined with lower gross receipts taxes because of the COVID restrictions. While the Roundhouse will be closed to the public, all committee hearings and floor sessions will be webcast. Any employees and media entering the building will be required to undergo a COVID-19 test; however, legislators will not be required but will be highly encouraged to do so too. All employees will also be required to undergo a COVID-19 test before the start of the special session to enter the Roundhouse. Legislators will not be required to undergo a test, but will be highly encouraged to do so.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Ohio
The Board of Pharmacy released a notice this week regarding fraudulent verbal and paper prescriptions for promethazine/codeine
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
Notice of the Insurance Department announces LH Bulletin 2020-03 to advise health insurers and health maintenance organizations on coverage of COVID-19 antibody testing. The department provides information on CPT codes for such tests and expects insurers to cover costs associated with FDA-approved antibody tests.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
NACDS, the Texas Federation of Drug Stores, and H-E-B pharmacists Doug Read and Jay Bueche, met with New Braunfels Sen. Donna Campbell, an emergency room physician. During the Zoom meeting, we promoted our scope regulatory and legislative agenda, including expanding technician duties and eliminating arbitrary ratios, expanding access to immunizations without a prescription. We also asked the Senator to urge Gov. Greg Abbott to allow pharmacists to test now for COVID and treat later when the vaccines become available.
Also in Texas... Continuing to advocate for the removal of the remaining barrier to pharmacist COVID-19 testing, NACDS, the Texas Federation of Drug Stores, and other Texas pharmacy organizations with the help of the Executive Director of the Board of Pharmacy (BOP) Allison Benz and the Board president, Julie Spier with Albertsons, finally convinced Gov. Greg Abbott to acknowledge that the federal HHS April 8th guidance document and May 19th advisory opinion clearly authorize pharmacist ordering and administration of COVID-19 testing without any physician involvement. Texas BOP FAQ's that provide official guidance on pharmacist testing have been updated to that effect.
For more information, contact NACDS’ Mary Staples at 817-442-1155.