Indiana
Gov. Eric Holcomb (R) signed SB 241, a PBM transparency bill that contains provisions reforming the MAC appeal process. NACDS worked with members and officially supported this legislation with a letter to key legislative leaders. We applaud the work of the Indiana Pharmacists Association to pass this law.
Also in Indiana… Gov. Eric Holcomb signed HB 1207, sponsored by pharmacist Rep. Steve Davisson. The law will allow pharmacists to dispense epinephrine under a standing order or protocol and allow pharmacy technicians to transfer certain prescriptions and to provide immunizations. NACDS supported the bill with a letter and worked with the Indiana Retail Council and Indiana Pharmacists Association to support their on-the-ground-efforts.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Iowa
The Iowa Medicaid Cost of Dispensing survey’s deadline of March 26th has been extended to April 30, 2020.
Also in Iowa... The Iowa Department of Human Services issued an Informational Letter announcing temporary fee-for-service and managed care policy changes pertaining to signature requirements, audits by Pharmacy Benefit Management companies, prior authorizations, and more.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Kentucky
As a result of a bill signed into law this week by Gov. Andy Beshear, NACDS will have a direct voice in setting new reimbursement rates in Medicaid Managed Care. SB 50, sponsored by Sen. Max Wise, will provide significant financial relief to pharmacies by prohibiting the claw-back of reimbursement in Medicaid Managed Care. Additionally, the new law will require the Department of Medicaid Services, with the input of pharmacy, to set reimbursement rates in Managed Care. The intent of this provision is to move to cost-based reimbursement plus a professional dispensing fee. Notably, the law establishes a Technical Advisory Committee on Pharmacy on which NACDS has the power to appoint an advisor. The Committee report is due by Dec. 1, 2020. NACDS supported the efforts of the Kentucky Retail Federation, the Kentucky Pharmacists Association and members to pass this law. NACDS lent its official support to provisions of the law that align with our reimbursement campaign.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
Although Gov. John Bel Edwards extended the statewide stay at home order to April 30, 2020 on March 31st, the legislature reconvened their legislative session for about an hour before adjourning again because of coronavirus concerns. They did not set a return date. As you recall, the regular session opened March 9th was suspended March 16th. Session will end June 1, 2020 although a special session could be held immediately afterward. All spending bills must be approved before the fiscal year begins July 1, 2020.
Also in Louisiana... The last day for filing bills was also Tuesday, and there were two dozen bills filed mentioning coronavirus. NACDS continues to stay in close contact with our pharmacy champions that have filed our payment parity and immunization bills, and is working with the Louisiana Independent Pharmacy Association on both filing a bill and seeking a statewide protocol for pharmacists to test and dispense antiviral medications. Over the past week, we initiated two meetings with Medicaid to promote our model language for access to essential medications.
Also in Louisiana... The Board of Pharmacy convened a special Board meeting via conference call on April 2nd to discuss guidelines related to COVID19. Link to agenda – http://www.pharmacy.la.gov/assets/docs/Board/2020-0402_1_AgendaBdMtg-T.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Michigan
The Department of Health and Human Services issued an Informational Letter outlining temporary policy changes pertaining to early refills and signature requirements for both fee-for-serice and Managed Medicaid.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Minnesota
Following Minnesota Gov. Tim Walz’s (D) Executive Order, Department of Human Services Commissioner Jodi Harpstead modified requirements to allow 90-day refill limits for prescription maintenance medications. The Board of Pharmacy is regularly updating its Frequently Asked Questions document, so NACDS members are encouraged to review it for new information
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nebraska
The Nebraska Pharmacists Association (NPA) has developed protocols for point of care testing of strep and flu via collaborative practice with a physician. NPA indicates that once an agreement is in place, the Board of Pharmacy and Board of Medicine must be notified.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nevada
Secretary of State Barbara Cegavske announced that the June 9, 2020 primary election will be conducted entirely through mail-in ballot due to concerns and uncertainty related to COVID-19
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Carolina
North Carolina Secretary of Health and Human Services and the State Health Director requested that the Medical Board and the Board of Pharmacy adopt the COVID-19 Drug Preservation Rule in order to alleviate shortages and ensure that these drugs are available to patients who need them. The Pharmacy Board’s emergency rule is found here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
North Dakota
The Department of Human Services issued a Frequently Asked Questions document, including information pertaining to a temporary policy change to allow 34-day fill on all initial prescriptions.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
South Carolina
The SC Board of Pharmacy and SC Board of Medical Examiners issued Joint Guidance regarding the prescribing and dispensing of Hydroxychloroquine, Chloroquine, and Azithromycin. Click here to view this order.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
South Dakota
South Dakota Medicaid issued a Provider Letter with Frequently Asked Questions, including information about temporary policy changes effective March 16 pertaining to early refills and 60-day supply.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Tennessee
Tennessee Department of Health Commissioner Lisa Piercey, MD, MBA, FAAP, has issued this statement on chloroquine, hydroxychloroquine, and azithromycin. This statement has been sent to all providers in Tennessee.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Utah
Gov. Gary Hebert (R) signed into law several bills of interest to chain pharmacy. HB 177 provides exemptions and rules for electronic prescribing and outlines emergency fills by prescribers taking effect January 1, 2022; HB 272 places provisions on pharmacy benefit management companies which includes prohibiting claw backs and disclosure of rebates; HB 423 provides for expanded access to the prescription drug data base by interns and technicians; SB 138 impacts pharmacy benefit management companies; and SB 145 addresses pharmacy scope of practice to allow a pharmacist or pharmacy intern to dispense a prescription (1) in a quantity different than prescribed in the prescribed quantity is not commercially available and (2) in a different dosage form than prescribed if the pharmacist or pharmacy intern determines that a different dosage form is in the best interest of the patient.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Washington
The WA Pharmacy Quality Assurance Commission is holding two calls per week during the COVID crisis, Wednesdays and Fridays at 7:30 a.m. PACIFIC. They are discussing actions that may be needed to take the strain off pharmacists, interns, techs and assistants as they provide access to patients. To participate you can register at: https://register.gotowebinar.com/rt/6130868446164549132. If you have questions you would like the Commission to consider, please address them to COVID19.PQAC@doh.wa.gov
Also in Washington... Gov. Jay Inslee (D) signed 2SSB 5601 relating to health care benefit managers into law. This "landmark" bill creates a new statute in Washington law specific to the regulation and registration of Health Care Benefit Managers (HCBM) and includes PBMs. Due to the lack of funding available, the Governor vetoed Section 22, the creation of the pharmacy contract work group. Rulemaking will begin this summer under the direction of the Office of the Insurance Commissioner (OIC).
Also in Washington... Gov. Jay Inslee (D) signed SHB 2464, protecting patients from excessive medication charges. Beginning January 1, 2021, the maximum amount a PBM or health carrier may require a person to pay at the point of sale for a covered prescription medication is: the lesser of the applicable cost sharing (co-payment/co-insurance); or the amount the person would pay for the medication if purchased (cash) without using a health plan.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
West Virginia
A bill that will require health plans to provide payment for pharmacists’ services was signed by West Virginia Gov. Jim Justice. SB 787, sponsored by Sen. Eric Tarr, requires any health plan issued, amended or renewed on or after Jan. 1, 2021 to cover any service provided by pharmacists’ within their scope of practice and requires health plans to have an adequate number of pharmacists in network for services beyond the plans’ drug benefit.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Wisconsin
The Pharmacy Examining Board approved a request from the Pharmacy Society of Wisconsin to allow pharmacists to practice in locations that are not licensed pharmacies.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Alabama
The Alabama Medicaid Agency had modified the recipient signature requirement for services provided during the state of emergency effective March 16th. More information can be found at this link: https://medicaid.alabama.gov/alert_detail.aspx?ID=13755. Comprehensive data related to the state's COVID response can be found on this link: https://medicaid.alabama.gov/news_detail.aspx?ID=13729
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Alaska
The Alaska Board of Pharmacy held an emergency meeting this week to draft emergency rules to deal with COVID-19. The rules, once approved by the Lt. Governor, will expand certified pharmacy technician duties, expand pharmacists’ duties allowing them to administer injectables according to the prescriber’s directions and eliminate the Alaska Jurisprudence Intern Practice Questionnaire, in addition to other emergency related changes. The Board will meet again this week to vote on the final changes. They will be posted with a FAQ sheet on the Board’s website upon finalization.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arkansas
Gov. Asa Hutchinson (R) announced Tuesday that he will be convening a special session of the legislature on Thursday to address the budget shortfall. The Governor is seeking the authority to use the state's $173 million unallocated budget surplus to fill some budget needs after his administration cut the state's general revenue by $353 million to $5.38 billion in the fiscal year ending June 30, 2020.
Also in Arkansas... The Board of Pharmacy postponed their April Board meeting and informal conferences.
Also in Arkansas... The Department of Health adopted a Final rule effective March 5th that amends regulations requiring prescribers to check related to the Prescription Drug Monitoring Program (PDMP) in certain situations and requires the PDMP Advisory Committee to include the chair of the State Medical Board and the State Board of Dental Examiners, or their designees. The rule also changes who may access the controlled substances database, revises requirements for the department regarding PDMP information, and specifies that a practitioner who purposely fails to access the PDMP may face disciplinary action.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Board of Pharmacy's March 27, 2020 meeting will be held via teleconference. Agenda can be found here – https://www.pharmacy.ca.gov/meetings/agendas/2020/20_mar_bd_tele.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
The Retail Association (CRC) has been partnering with other pharmacy groups aggressively and successfully seeking waivers from Gov. Jared Polis (D) as a result of the declared health emergency.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Georgia
This week, the Georgia Board of Pharmacy issued two emergency orders dealing with Delivery by Mail and Remote Order Verification. Governor Kemp has also issued an Executive Order reducing certain regulations to stop the spread of COVID-19, of interest is 90 Day supply without physician authorization, early refill authorization, temporary licensure.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
The Illinois Pharmacists Association has canceled its Legislative Day that was scheduled for April 22, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Indiana
Several bills of interest to pharmacy saw action this week:
SB 241: This bill was signed by Gov. Eric Holcomb (R) on March 18th and sponsored by Sen. Liz Brown (R). The law will help ensure that that pharmacies are fairly and properly reimbursed by requiring pharmacy contracts to have clearly defined drug pricing and reimbursement methodologies and audit practices. It also prohibits directly or indirectly retroactively denying a claim or aggregate of claims after the claim or aggregate of claims has been adjudicated and allows pharmacies to contest changes in their reimbursement. It also requires the maintenance of adequate pharmacy networks to provide beneficiaries with equal access to all network pharmacies. NACDS applauds the work of the Indiana Pharmacists' Association on this law.
HB 1207: This bill, which addresses both copayment and scope of practice issues was signed by Gov. Eric Holcomb (R) on March 18 and authored by Rep. Steven Davisson (R). The law prohibits payors from requiring a pharmacy to collect a higher copayment for a prescription drug from a patient than the plan allows the pharmacy or pharmacist to retain. On the scope of practice front, effective July 1, 2020, it will allow pharmacists to furnish epinephrine by standing order. Additionally, it will allow pharmacy technicians to provide influenza vaccines and transfer certain prescriptions.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.