Nebraska
Gov. Pete Ricketts (R) signed LB 556 into law pertaining to the Prescription Drug Monitoring Program (PDMP). The law adds new reporting requirements that are specific to the state’s PDMP, which runs through the state’s health information exchange. Although effective May 1, the Nebraska Health Information Initiative (NeHII) and Department of Health and Human Services are allowing additional time for compliance and will continue to use ASAP 4.2 in the meantime. NACDS and the Nebraska Pharmacist Association worked with NeHII to address member concerns throughout the legislative process. Questions can be directed to PDMP Program Director Kevin Borcher at 402-290-2635.
Also in Nebraska… Gov. Ricketts signed into law LB 316 pertaining to Pharmacy Benefit Managers (PBMs) effective April 24. The law prevents a PBM or health plan from prohibiting or penalizing a pharmacist or contracted pharmacy from sharing information regarding a drug’s cost, price or copay, or from discussing or selling a more affordable alternative to a covered individual. Additionally, the law prevents an insurer from requiring a covered individual receiving a drug from paying an amount that exceeds the lesser of the copayment, deductible or coinsurance for such prescription drug or an amount any individual would pay for that medication if paid in cash.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
California
Despite successfully amending AB 1468 to carve pharmacies out of the definition of wholesalers, chain pharmacies submitted a letter to the Senate Appropriations Committee opposing the opioid tax bill because it could increase the cost of opioid medications for patients.
Also in California… Gov. Gavin Newsom (D) announced a statewide tour to launch his “California for All” healthcare proposals expanding Medi-Cal coverage to all eligible undocumented young adults ages 19-25, providing subsidies/monthly discounts to middle-income families, creating a single-purchaser system for prescription drugs and working with Congress to create a federal waiver allowing California to move toward single payer.
Also in California… AB 1803, legislation pharmacies support that would clean up a law that passed last session requiring that when a prescription drug’s purchase price is lower than the patient copayment and the patient chooses to pay cash, the pharmacy must transmit cost information to a health plan or insurer so the cost can be applied to the patient’s deductible, has passed the Assembly and is pending action by the full Senate. This bill delays the effective date of these requirements from January 1, 2019, to Wednesday, January 1, 2020, to allow time to establish a protocol for transmitting this information.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
Gov. Jared Polis (D) is expected to sign into law SB 19-005, legislation requiring the Department of Health Care Policy and Financing to develop a cost savings plan to import prescription medications from Canada by January 1, 2020.
Also in Colorado… HB 19-1242, the Colorado Pharmacists Society’s (CPS) mandatory pharmacy technician certification bill, passed both chambers and was sent to Gov. Jared Polis (D) for signature. Chain pharmacies were successful in clarifying that un-certified support personnel are still allowed in the pharmacy and adding provisions allowing the Board of Pharmacy to determine what additional duties certified technician may perform.
Also in Colorado… SB 19-228 was sent to the governor for signature. Chain pharmacy successfully amended the bill to allow the Board of Pharmacy to develop rules on opioid warning labels. The bill will pay a pharmacy an enhanced dispensing fee if the pharmacy has entered into a collaborative pharmacy practice agreement to administer injectable antagonist medication for medication-assisted treatment (MAT) for substance abuse disorder (SUD) or if a pharmacy dispenses a Schedule II or III opioid to a patient who has not previously received an opioid prescription and the pharmacy provides counseling concerning the risk of opioids to the patient.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
Gov. Laura Kelly (D) signed into law HB 2119, mandating electronic prescribing of Schedule II-IV controlled substances beginning Thursday, July 1, 2021, and permitting a licensed pharmacist to administer an injectable drug in certain situations. Previously, these issues were standalone bills – HB 2389 and HB 2082, respectively.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Maryland
Gov. Larry Hogan (R) has signed HB 316 into law, which will require all healthcare practitioners to report immunizations they administer to Immunet, the state’s vaccine registry. The law was a priority of the Maryland Association of Chain Drug Stores as a precursor to expanding pharmacists’ immunization authority and will be effective Tuesday, October 1.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Montana
Gov. Steve Bullock (D) signed HB 231, expanding immunization services provided by pharmacists to include the administration of vaccines to individuals seven years of age and older as provided by the most recent guidelines by vaccine and age group as published by the Centers for Disease Control and Prevention and under collaborative practice agreements.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nevada
SB 283, legislation that included a provision that would have mandated that all prescriptions be entered into the Prescription Monitoring Program was successfully amended by NACDS’ in-state partners, the Retail Association of Nevada.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Ohio
The Board of Pharmacy issued updated guidance documents effective May 13 related to dispensing naltrexone without a prescription and dispensing of emergency supply of medication without a prescription.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
Marty Hendrick, Pharm. D, D.Ph., has been named as the new executive director of the Board of Pharmacy effective May 28. Previously, Dr. Hendrick served as a compliance officer for the Board and worked in both independent and chain pharmacies.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
At the May 7 Board of Pharmacy meeting, the Board adopted Option 3, higher fees for both pharmacists and pharmacies to help pay for the integration of the prescription monitoring program. The proposed rule will be finalized at the next Board meeting in August.
Also in Texas… The Health and Human Services Commission (HHSC) announced that later this year HHSC will expand the Medicaid and CHIP benefit to allow pharmacists “to administer certain medications in a pharmacy setting and includes the administration of certain long-acting anti-psychotics, Vivitrol, and flu vaccines. These products will be added to the Medicaid and CHIP formularies. Pharmacies must be reimbursed for the ingredient cost, dispensing fee, and applicable administration fees for each claim processed.” The Vendor Drug Program will publish additional information in the coming weeks.
Also in Texas… HB 4285, legislation pharmacies supported that would have allowed pharmacists to furnish medication under a physician protocol to anyone 18 years of age and older after 5:00 p.m. weekdays and on weekends, if the results of a CLIA-waived test for influenza are positive, was heard in the House Public Health Committee on May 1.
Also in Texas… HB 3496, legislation that requires a sworn disclosure statement for pharmacies that NACDS successfully amended on behalf of chain pharmacies that are not publicly traded companies, passed the House on May 8.
Also in Texas… The House passed HB 2536, a drug transparency bill requiring certain drug cost information to be provided by drug manufacturers, PBMs and health plans to the Health and Human Services Commission and the Department of Insurance which will be posted on a state website. (HB2536) .
Also in Texas… HB 3441/HB 1757, two bills promoted by pharmacies ensuring payment parity for pharmacies and recognizing pharmacists as practitioners in the Insurance code passed both chambers and will be sent to Gov. Greg Abbott (R) to sign into law.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Washington
Gov. Jay Inslee (D) has signed into law Substitute SB 5380 (Chapter 314, 2019 Laws) – the Governor’s comprehensive opioid legislation – mandating e-prescribing of Schedule II through V controlled substances with exceptions effective January 1, 2021, increasing the frequency of reporting by dispensing to the state’s prescription monitoring program and expanding options for a pharmacist to dispense an opioid overdose reversal medication pursuant to a collaborative drug therapy agreement, standing order, or protocol in addition to a prescription. It also relieves the Pharmacy Quality Assurance Commission, formerly the Board of Pharmacy, from having to approve all electronic systems.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Carolina
The South Carolina Department of Health and Human Services (SCDHHS) will co-sponsor provider and facility training with Keystone Peer Review Organization (KEPRO), the SCDHHS’ quality improvement organization. The annual quality improvement training includes requirements, updates and a review of the process and procedures for prior authorization. The online training sessions will be held Tuesday, May 14 and Thursday, May 16, at 10:00 a.m. and 1:00 p.m. Registration is not required. For questions about the KEPRO training, providers may contact KEPRO at 855-326-5219 or by email.
Mississippi
The Division of Medicaid, in conjunction with its contractors Conduent, Alliant UM/QIO and the MSCAN plans – Magnolia Health, Molina Healthcare and UnitedHealthcare Community Plan, will conduct “FREE” Medicaid Provider Workshops beginning Tuesday, June 11 through Tuesday, July 30, at locations throughout the state. These workshops are designed to provide information and changes related to Medicaid and managed care programs. Office directors, office managers, coders, practitioners and billing staff are encouraged to attend. Please RSVP because space is limited.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Maryland
NACDS reminds members that beginning Saturday, June 1, all dispensers must begin reporting data to the state’s new prescription drug monitoring program vendor, RxGov. The Department of Health is urging pharmacies to begin this process as soon as possible as they have experienced delays in uploading of data to the new product.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Kansas
The Board of Pharmacy has been asked to nominate at least two individuals for potential appointment to the vacancy on the Medicaid Drug Utilization Review Board. The vacancy is for a pharmacist who is actively engaged in retail pharmacy and has experience with the State Medicaid Plan. Please have interested candidates submit their name, contact information, letter of interest and CV/resume to the Board’s Executive Secretary, Alexandra Blasi, JD, MBA, no later than Thursday, May 23. Nominations will be considered at the Board’s Thursday, June 6 meeting.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Indiana
On April 30, the Health Commissioner Kristina Box issued a standing order for the purpose of allowing pharmacists to vaccinate adults against measles. The standing order will be effective until Tuesday, December 31 and provides details on the procedure that should be followed by pharmacies that wish to participate.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
Legislation, NACDS supports after our amendments were accepted that prohibits the sale of products containing dextromethorphan to persons under the age of 18 years, has passed the House and is pending final action by the Senate. (HB 1518/SB 349)
Also in Texas…HB 1264, legislation filed by Rep. Senfronia Thompson (D), the Chair of the House Public Health Committee, which will repeal the sunset date for pharmacists reporting the dispensing of biologics, passed both the House and Senate, and now is headed to Gov. Greg Abbott (R) to be signed into law.
Also in Texas… NACDS-supported non-controversial clean-up legislation clarifying that pharmacists do not have to do redundant checking of the prescription monitoring program (PMP) when refilling Schedule II-V controlled substances—since both prescribers and dispensers already reviewed the PMP report prior to the initial prescribing and dispensing of the prescription—passed the Senate and is pending in the House. (HB 577/SB 420)
Also in Texas…After negotiations with Rep. Jay Dean (R), Dean agreed to withdraw HB 2086, legislation that would have mandated all pharmacies take back and dispose of unwanted medications free of charge. If a pharmacy does not provide safe disposal options at no cost to the consumer, then the compromise reached with Rep. Dean requires pharmacies to simply include messaging and a link to the Drug Enforcement Administration as part of the patient information provided with every Schedule II controlled substance prescription. The committee substitute bill (CS HB 2088) passed the House Public Health Committee on April 24 and is pending a vote by the full House.
Also in Texas…NACDS successfully negotiated amendments to Rep. Shawn Thierry’s (D) bill that requires pharmacies to add the same auxiliary warning label on opioid prescriptions that has been adopted by five other states—“Caution: Opioid. Risk of overdose and addiction.” (CS HB 562) As part of the compromise, the representative agreed not to pursue two other bills mandating onerous additional opioid counseling and documentation requirements, and the other bill required additional written material on the dangers of opioids, a lengthy warning label in large capital letters, and red caps for all opioid prescriptions. (HB 536 & HB 563)
Also in Texas…HB 2174, legislation mandating all controlled substance be electronically prescribed by Friday, January 1, 2021, and for which NACDS has garnered broad-based support, passed the House on April 26. It was subsequently referred to the Senate Health and Human Services Committee where NACDS hopes to substitute SB 1233—the companion bill filed by Sen. Lois Kolkhorst (R), the chair of the Committee—which was heard in the Committee last month along with the House-passed version.
Also in Texas…Effective April 15, the Health and Human Services Commission (HHSC) implemented the final rules to align reimbursement standards for pharmacy services to conform with the Medicaid State Plan (SP) under 1 TAC §§355.8541, 355.8548, 355.8551. The final rule revisions are consistent with the current SP and federal law and do not constitute a change to current pharmacy reimbursement under Medicaid fee-for-service; reimbursement is calculated consistently with the Medicaid State Plan and federal law. Additionally, the final rule changes under 1 TAC §354.1831 amending regulations to clarify that limited home health supplies listed in the Texas Drug Code Index are covered drugs. Lastly, the rule changes under 1 TAC §354.1867 amend regulations to clarify that early refills of drugs used to treat chronic conditions included in a medication synchronization plan may be jointly approved by the HHSC, the applicable pharmacist, enrollee, and the prescribing physician or healthcare provider. The rule also clarifies that pharmacists must comply with related procedures in the Vendor Drug Program pharmacy provider manual, and that dispensing fees will not be prorated.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
SB 856, legislation by pharmacist Sen. Rob Standridge (R) that would have set the pharmacy technician to pharmacist ratio in statute at 2:1 which passed the Senate last month, died in the House Business and Commerce Committee.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nevada
AB 310, legislation mandating electronic prescribing of controlled substances introduced by Speaker Jason Frierson (D) that has broad-based support from pharmacies, the business community, law enforcement, and prescribers and that passed the Assembly two weeks ago, was heard in the Senate Business and Commerce Committee on May 1.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
Effective May 1, the Medicaid single preferred drug list took effect for all managed care organizations and Medicaid fee-for-service.
Also in Louisiana…In partnership with the Louisiana Pharmacists Association, The University of Louisiana Monroe College of Pharmacy and the Xavier University of Louisiana College of Pharmacy, NACDS co-sponsored the Pharmacy Legislative Day at the Capitol on April 29. In the rotunda, pharmacists and students set up displays and provided screenings and education to state lawmakers, legislative staff, lobbyists and tourists.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
The General Assembly is scheduled to adjourn at midnight on Friday, May 3.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
SB 617, legislation introduced by Sen. Steve Glazer (D), Chair of the Senate Business, Professions and Economic Development Committee, would allow pharmacies with collective bargaining agreements and meeting certain requirements to petition the Board of Pharmacy to increase the pharmacy technician to pharmacist ratio from 1:1 to 3:1. The bill was amended and passed the Committee on April 22 and has been referred to the Senate Appropriations Committee.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arkansas
On April 24, the Arkansas General Assembly adjourned its 88-day session. Unless otherwise specified, all new laws will go into effect 90 days post adjournment on Tuesday,
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Indiana
SB 176, legislation that would require all controlled substance prescriptions to be e-prescribed, has been signed by Gov. Eric Holcomb (R) after passing both chambers unanimously. The law will be effective Friday, January 1, 2021, and contains exceptions similar to those in NACDS’ model language. NACDS appreciates the leadership of Sen. Ron Grooms (R) and Rep. Steve Davisson (R), as well as the on-the-ground efforts of the Indiana Retail Council in passing this bill.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Pennsylvania
Pennsylvania’s Pharmaceutical Contract for the Elderly (PACE) Program announced that it began paying pharmacies for medication synchronization services for patients on April 15. The program will be under the PACE side of the benefit, rather than Part D-based. The program is a result of an agreed to amendment proposed jointly by NACDS and the Pennsylvania Association of Chain Drug Stores in legislation that passed in the last legislative session.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.