Michigan
Gov. Gretchen Whitmer (D) signed into law SB 340 pertaining to telepharmacy effective April 26, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New Mexico
Pharmacy Day at the Capitol was Monday, January 27.
Also in New Mexico... NACDS co-signed a letter to Gov. Michelle Grisham Lujan (D) in support HB 42, the bill requiring payment for any pharmacy patient services sponsored by Chair of the House Health and Human Services Committee, Rep. Deborah Armstrong. Other national organizations cosigning the letter were the National Community Pharmacists Association (NCPA), the American Pharmacists Association (APhA), the American Society of Health-System Pharmacists (ASHP), and the National Alliance of State Pharmacy Association (NASPA). The bill was reported favorably from the House Health and Human Services Committee on January 27th by a 5-2 vote, and was referred to the House State Government, Elections and Indian Affairs Committee for further consideration. NACDS members are encouraged to contact their legislators urging support of the bill. Time is short as the legislature is scheduled to adjourn on February 20.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
In advance of public hearings this week, NACDS submitted a Memo of Support for the provisions in New York Governor Andrew Cuomo’s (D) 2020-2021 budget proposal to expand pharmacist immunization authority to include the administration of all vaccines, recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices, to patients 18 years of age and older and to make the law permanent by removing the current sunset provision.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Texas
The Vendor Drug Program announced that they will implement the Rinvoq (upadacitinib) clinical prior authorization criteria on March 3. The prior authorization is optional for Medicaid managed care. The Pharmacy Clinical Prior Authorization Assistance Chart shows the prior authorization each MCO uses and how those authorizations relate to the authorizations used for traditional Medicaid claim processing and is updated quarterly.
Also in Texas... The deadline to participate in program year 2019 of the Texas Medicaid Electronic Health Record Incentive/Promoting Interoperability Program is Feb. 29. To learn more, visit the EHR website.
Also in Texas... The Health and Human Service Commission published the quarterly Specialty Drug List.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
Gov. Gavin Newsom (D) appointed Jacey Cooper to serve as the state Medicaid Director and Chief Deputy Director of Health Care Programs at the Department of Health Care Services. Cooper has been Assistant Deputy Director of Health Care Delivery Systems at the Department of Health Care Services since 2016.
Also in California... Earlier this month, Gov. Gavin Newsom (D) signed into law several bills adding or amending laws that govern the practice of pharmacy in California. Unless specified otherwise, the new laws took effect on January 1, 2020. Many of the key provisions are summarized below.
- AB 528 Controlled Substances: CURES Database Effective January 1, 2021, this law expands the CURES reporting requirements to include Schedule V drugs and reduces the reporting deadline to one working day from the date the prescription was released to the patient.
- AB 690 Pharmacies: Relocation: Remote Dispensing Site Pharmacy: Pharmacy Technician: Qualifications. Effective upon signing by the Governor, this law creates a limited exemption to the licensure transferability requirements for a pharmacy to relocate because of damage caused by a declared disaster. The law also establishes specific requirements for a pharmacy technician working in a remote dispensing site pharmacy.
- AB 973 Pharmacies: Compounding. This law requires that compounding of drug preparations by a pharmacy must be done consistent with the relevant compounding chapters of the United States Pharmacopeia-National Formulary (USP). The board recently released a policy statement regarding California legal requirements for compounding pharmacies pending information from USP regarding implementation of chapters 795, 797, and 800. The policy statement is available on the board's website.
- AB 1723 Clinics: Purchasing Drugs at Wholesale. This law increases the maximum hours of operation for a primary care community clinic or free clinic from 20 hours to 40 hours per week.
- SB 159 HIV Preexposure and Postexposure Prophylaxis. This comprehensive law authorizes pharmacists to independently initiate and furnish HIV preexposure and postexposure prophylaxis under specific conditions. Key provisions also require the Board of Pharmacy, in consultation with the Medical Board of California (MBC), to approve training programs that pharmacists must complete before furnishing either preexposure or postexposure prophylaxis. In addition, the law specifies guidelines issued by the federal Centers for Disease Control and Prevention (CDC) that the Board of Pharmacy must use to establish the drug or drug combinations to be furnished:
- For HIV preexposure prophylaxis: "2017 Preexposure Prophylaxis for the Prevention of HIV Infection in the United States – 2017 Update: A Clinical Practice Guideline," or any subsequent guidelines published by the CDC.
- For HIV postexposure prophylaxis: "Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV–United States, 2016," or any subsequent guidelines published by the CDC.
The law also requires the Board of Pharmacy to consult with the medical Board in developing emergency regulations to be adopted by July 1, 2020, to implement the law. The board's Licensing Committee held a meeting in early January with stakeholders regarding implementation of SB 159, and the committee will report its recommendations at the January 29-30 board meeting in Glendale.
- SB 569 Controlled Substances: Prescriptions: Declared Local, State, or Federal Emergency. This law authorizes a pharmacist to fill a prescription for a controlled substance that does not conform to the controlled substances security form requirements under specific conditions.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
Pharmacy Day at the Capitol is Monday, January 27.
Also in New Mexico... NACDS co-signed a letter to Gov. Michelle Grisham Lujan (D) in support HB 42, the bill requiring payment for any pharmacy patient services sponsored by Chair of the House Health and Human Services Committee, Rep. Deborah Armstrong. Other national organizations cosigning the letter were the National Community Pharmacists Association (NCPA), the American Pharmacists Association (APhA), the American Society of Health-System Pharmacists (ASHP), and the National Alliance of State Pharmacy Association (NASPA).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
In advance of the Board of Pharmacy's Licensing Committee meeting January 9th, NACDS submitted a comment letter providing suggestions for a training program for pharmacist furnishing pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).
Also in California… legislative session convened on January 6th.
Also in California... Gov. Gavin Newsom's (D) budget released last week proposes $107.4 billion in total funds for Department of Health Care Services programs and other spending. It includes significant funding for the Medi-Cal Healthier California for All initiative (formerly known as CalAIM); funding to support quality improvements in county-operated behavioral health systems; expanded Medi-Cal coverage for adults age 65 and older, regardless of their documentation status; and funding for efforts to control costs and create incentives for better quality care. For more details, please refer to the links posted on the DHCS website.
Also in California... The Department of Health Care Services is renaming its multi-year reform initiative aimed at improving the health outcomes and quality of life for California's population in Medi-Cal. Effective immediately, the broad-based effort to transform the Medi-Cal delivery system, program and payment structure will be known as Medi-Cal Healthier California for All.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
HB19-1216 limits the cost sharing of insulin for commercial pay patients to $100 for a 30 days' supply, effective January1, 2020. The Department of Regulatory Agencies Division of Insurance issued emergency rules to address implementation. https://gallery.mailchimp.com/6431ea4066ae863439c487bd4/files/bd896d11-f54b-4f15-b31d-fd2c3ccad71d/Emergency_Regulation_19_E_08_Concerning_Prescription_Insulin_Drug_Cost_Sharing_and_Limitations.pdf
Also in Colorado… General Assembly convened on January 8th.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Florida
Florida House Bill 389 Testing for and Treatment of Influenza and Streptococcus was heard on January 15th in the House Health Care Appropriation Subcommittee. The bill passed favorably with a vote of 10-1. The next stop is the House Health and Human Services.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Kentucky
Gov. Andy Beshear (D) has appointed Lisa Lee to serve as the new commissioner of Department for Medicaid Services. Previously Lee served in the Cabinet for Health and Family Services.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
The Board of Pharmacy is holding a Regulation Revision Committee meeting at 8:30 AM on January 22, 2020. Issues of interest to NACDS members include proposed rules on PBMs, technician ratios, and the Board's 2020 legislation. To review the agenda, go to – https://protect-us.mimecast.com/s/6FTCCrkBDZfEykwF422Ak?domain=pharmacy.la.gov
Also in Louisiana... Louisiana Department of Health Secretary Barbara Gee renewed the annual Standing Order for distribution or dispensing of Naloxone and other opioid antagonists effective 1/1/2020.
Also in Louisiana... Gov. John Bel Edwards (D) appointed Dr Sajal K. Roy, a pharmacist from Madisonville, to serve a six-year term on the Board of Pharmacy, replacing Diane Milano.
Also in Louisiana... In advance of the December 27th public hearing, NACDS provided the Board of Pharmacy with comments and recommendations on several proposed rules on immunizations and dispensing prescription refills.
Also in Louisiana... On January 3rd, Louisiana Health Department (LDH) Secretary Rebekah Gee, MD, MPH, submitted her resignation to Gov. John Bel Edwards (D). Medicaid Director Jen Steele has also resigned from LDH.
Also in Louisiana... Effective for dates of service on or after August 1, 2019, Medicaid will require all professional service and independent laboratory providers to include a valid CLIA number on all claims submitted for laboratory services, including CLIA waived tests. Claims submitted with an absent, incorrect or invalid CLIA number will deny. For more information go to – http://ldh.la.gov/assets/docs/BayouHealth/Informational_Bulletins/2019/IB19-8/IB19-8_revised_1.3.20.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
A law mandating electronic prescribing of all controlled substances which NACDS supported in 2018 went into effect on January 1, 2020. The Board of Pharmacy announced that they have responsibility for the enforcement, application, and interpretation of this statute and have determined that the terms “specified dose” and “different dosage” do not apply to the specific quantity dispensed pursuant to a Schedule II opioid prescription. In order to dispense a lesser than prescribed quantity, a new prescription is not required. (HB 2931-2018)
For more information, contact NACDS’ Mary Staples at 817-442-1155.
West Virginia
Legislation requiring prescriptions to be prescribed electronically has been introduced by Del. Geoffrey Foster (R) and referred to the House Committee on Judiciary. NACDS will work with members and in-state partners to advance the legislation.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
California
In advance of the Board of Pharmacy’s Licensing Committee meeting January 9, NACDS submitted a comment letter providing suggestions for a training program for pharmacist furnishing pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
The Board of Pharmacy is holding a Regulation Revision Committee meeting at 8:30 AM on January 22. To review the agenda, go to – https://protect-us.mimecast.com/s/6FTCCrkBDZfEykwF422Ak?domain=pharmacy.la.gov
Also in Louisiana… the Louisiana Department of Health Secretary Barbara Gee renewed the annual Standing Order for distribution or dispensing of Naloxone and other opioid antagonists effective 1/1/2020.
Also in Louisiana… Gov. John Bel Edwards (D) appointed Dr Sajal K. Roy, a pharmacist from Madisonville to serve a six-year term on the Board of Pharmacy, replacing Diane Milano.
Also in Louisiana… in advance of the December 27 public hearing, NACDS provided the Board of Pharmacy with comments and recommendations on several proposed rules on immunizations and dispensing prescription refills.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
A law mandating electronic prescribing of all controlled substances which NACDS supported in 2018 went into effect on January 1, 2020. The Board of Pharmacy announced that they have responsibility for the enforcement, application, and interpretation of this statute and have determined that the terms “specified dose” and “different dosage” do not apply to the specific quantity dispensed pursuant to a Schedule II opioid prescription. In order to dispense a lesser than prescribed quantity, a new prescription is not required. (HB 2931-2018)
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Illinois
The Department of Healthcare and Family Services issued a Provider Letter with information about implementing dispensing fee changes for Critical Access Pharmacies as per the Centers of Medicare and Medicaid Services' Covered Outpatient Drugs Rule. Please note the information applies only to fee-for-service claims.
Also in Illinois… Gov. JB Pritzker (D) signed into law SB 2104 HA 1 extending the sunset on the Illinois Pharmacy Practice Act to December 31, 2023. According to the Illinois Retail Merchants Association, changes included limitations on working a 12-hour day, breaks and meals, pharmacy technician training, whistleblower protections, and other prohibited activities that distract the pharmacist. The Collaborative Pharmaceutical Task Force is also reconstituted and will work toward offering additional recommendations by October 1, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
California
The Office of Environmental Health Hazard Assessment’s (OEHHA) Carcinogen Identification Committee (CIC) postponed their December 5 meeting on whether to add acetaminophen (APAP) to the state’s it’s list of carcinogens under the Proposition 65 law until the Spring of 2020. If they decide to add it, that would then require businesses to provide warnings notices to California consumers about exposures to chemicals that cause cancer, birth defects or other reproductive harm.
Also in California … In 2020, DHCS plans to host quarterly Medi-Cal Rx public forums, webinars and in-person meetings to ensure that the stakeholder community is kept apprised of Medi-Cal Rx implementation activities and timelines for the transition back to Fee-For-Service. DHCS posted a FAQ document—“Medi-Cal Rx: Transitioning Medi-Cal Pharmacy Services from Managed Care to Fee-For-Service”—to the Medi-Cal Rx: Transition webpage that provides additional guidance and clarification to Medi-Cal beneficiaries, providers, plan partners, tribal health programs, and other interested parties regarding the transition of Medi-Cal’s pharmacy benefit.
Also in California… The Board of Pharmacy’s Licensing Committee will be meeting on December 12 to discuss rulemaking implementing SB 159, a new law allowing pharmacists to furnish HIV Preexposure and Postexposure Prophylaxis medications. Also on the Committee’s agenda is a discussion on advanced pharmacy technicians requirements and functions. The following day, December 13, the full Board will be meeting but that agenda is not yet available, but will be posted on the Board Meetings page.
Also in California… the Board of Pharmacy issued a formal statement regarding compounding requirements pending appeals and postponement of USP Chapters 795, 797, and 825.
Also in California … Advancing and Innovating Medi-Cal (CalAIM) is a multi-year initiative by the Department of Health Care Services (DHCS) to improve the quality of life and health outcomes of the Medi-Cal population by implementing broad delivery system, program, and payment reforms across the Medi-Cal program. Due to the comprehensive scope of the CalAIM initiative, stakeholder engagement is critical – memo. During the month of December 2019, DHCS will convene four workgroup sessions for Population Health & Annual Health Plan Open Enrollment, Behavioral Health – Payment Reform, Enhanced Care Management & In-Lieu-of Services, and Behavioral Health. For more information about CalAIM, please visit the DHCS webpage.
Also in California … Department of Health Care Services (DHCS) submitted SPA 19-0015 to CMS, with a proposed effective date of July 1, 2020, to establish a new methodology for blood factor reimbursement for Hemophilia Treatment Centers (HTCs) and non-HTC specialty pharmacies.
- For HTCs, the proposed methodology will be the lower of either their actual acquisition cost (AAC), which is invoice price minus discounts, rebates, or chargebacks, plus a $0.14 per unit dispensing fee; or Average Sales Price (ASP) plus 20 percentn.
- Non-HTCs will be reimbursed at the lower of either the AAC for the drug equal to invoice price minus any discounts (excluding a prompt pay discount of no more than 2 percent), rebates, or chargebacks, plus a $0.04 per unit dispensing fee; or ASP plus 20 percent
Implementation of DHCS’ new reimbursement methodology and provider reimbursement will be prospective from the date of CMS final approval. The SPA package is available on the DHCS State Plan webpage.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
The Department of Regulatory Agencies, Board of Pharmacy, adopted several rules http://bnaregs.bna.com/?id=co_15353 effective November 30, 2019 that amend regulations under 3 CCR 719-1 to:
- add pharmacy interns and pharmacy technicians to the provisions related to responsibilities of pharmacists;
- allow pharmacists to dispense an emergency supply of a chronic maintenance drug without an order under certain conditions;
- adds a labeling requirement for opioids prescribed for outpatient use;
- requires pharmacists to prescribe and dispense over-the-counter medications according to requirements of the Department of Health Care Policy and Financing;
- removes definitions related to pharmaceutical care, drug therapy management, and practice by protocol and adds requirements for inspections and visitations of telepharmacies; and
- establishes certification requirements for pharmacy technicians.
Also in Colorado… in an effort to address the opioid epidemic in Colorado, the Colorado Hospital Association has taken the lead forming a new group to launch an initiative called Colorado’s Opioid Solution: Clinicians United to Resolve the Epidemic (CO’s CURE) – https://cha.com/opioid-safety/cos-cure/
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
The Department of Health Care Finance (DHCF) announced during this week’s quarterly pharmacy forum that they have applied for a waiver with the Centers for Medicare and Medicaid Services (CMS) to allow them to pay pharmacies for immunizations administered to Fee-For-Service beneficiaries. DHCF expects CMS to take action on the waiver in Jan. 2020. NACDS will keep members updated as the process continues.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
HB 389, Testing for and Treatment of Influenza and Streptococcus, was heard on November 13 in the House Health Quality Subcommittee. The bill passed favorably with a vote of 11-3, next stop is the House Health Care Appropriations Committee.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
SB 2104, that includes language to extend the Pharmacy Practice Act until Sunday, January 1, 2023, is headed to the desk of Gov. J.B. Pritzker (D). The bill contains many of the recommendations from the Collaborative Pharmaceutical Task Force.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Iowa
The Iowa Medicaid Enterprise has added a new provider type to allow pharmacists to enroll as Medicaid providers. Pursuant to statewide protocols, this will allow pharmacists to order and dispense naloxone and nicotine replacement therapy tobacco cessation products, as well as to order and administer vaccines to Medicaid members. For details, please see the Informational Letter No. 2048-MC-FFS dated November 18.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Louisiana
The Department of Health Bureau of Health Services and Financing issued a Medicaid provider notice that effective December 15, the Fee-for-Service Pharmacy program and Managed Care organizations will implement a new POS diagnosis code requirement and quantity limits for certain nasal sprays.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
In November, the Mississippi Division of Medicaid (DOM) introduced a new Provider Satisfaction Survey, which is a brief, electronic survey distributed to the provider community on a quarterly basis. If members haven’t yet had a chance to fill it out, the survey will remain open for another 30 days. Each survey will cover a different topic, and we will share the results once each survey is closed and the answers are compiled. For the first survey, the Department wants to hear what topics/challenges are of most interest to providers. Mississippi Division of Medicaid Provider Satisfaction Survey. The survey will remain open through the end of December.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
