Alaska
Gov. Bill Walker (I) has received SB 32, biosimilar legislation allowing pharmacists to substitute interchangeable biologic products. The governor has 20 days from July 10 to sign or veto the bill, or it will be enacted without his signature.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Washington
The Pharmacy Quality Assurance Commission (PQAC) held an emergency meeting to discuss the Medical Quality Assurance Commission’s (MQAC) request seeking a formal Attorney General’s Opinion regarding the use of the term “diagnosis” in a Collaborative Drug Therapy Agreement. Pharmacists, practitioners, or patients currently utilizing a Collaborative Drug Therapy Agreement may also wish to submit comment. Note that you must notify the Attorney General by Friday, July 13that you intend to provide comment. The Attorney General’s Office will then provide information on how and when the comments should be submitted. If you would like, the PQAC would appreciate a copy of the comments you submit to the Attorney General. These can be copied to the PQAC email address.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
An Administration Budget Proposal that would have required data collection from pharmacies next year, in anticipation of a pharmacy tax the following year, was rejected by the House and Senate Republican Caucuses and did not make it into the final budget.
Also in Pennsylvania… two measures championed by pharmacy made advancements as the General Assembly broke for summer recess:
- HB 1800 – Medication Synchronization – was passed out of the Senate Banking and Insurance Committee, received two floor considerations and then was re-referred to the Senate Appropriations Committee for a Fiscal Note. We anticipate final action on this bill when they reconvene in the fall.
- HB 353 – Mandatory E-Prescribing for Controlled Substances – After extensive negotiations with the Pennsylvania Medical Society (PMS), the bill was voted out of the Senate Health and Human Services Committee last week with support from a number of allies. This bill also had two floor considerations and then was re-referred to the Senate Appropriations Committee for a Fiscal Note. We also anticipate this bill moving forward in the Fall.
Also in Pennsylvania… In the June 12, 2018, Provider Bulletin, PACE announced new edit criteria for benzodiazepines, sedative hypnotics, muscle relaxants and opioids effective Monday, July 23.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
Effective Thursday, July 5, the final rule of the Department of Health, Board of Pharmacy, amends regulations under FAC 64B16-28 regarding requirements for use of automated pharmacy systems (APS) in community pharmacies. The rule specifies that pharmacies may use an APS if system operation is under the supervision of a pharmacist or is located within the prescription department, adjacent to the prescription department or on the establishment of the licensed pharmacy. The rule also specifies that the system must include a mechanism to ensure that the patient or an authorized agent of the patient can communicate with a pharmacist responsible for dispensing the medical drug product. In addition, the rule revises additional requirements for patient accessed automated pharmacy systems.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Effective Sunday, July 1, all gabapentin products will be Schedule V controlled substances in the state of Tennessee as a result of the enactment of HB 1832 (Public Chapter Number 1040). Gabapentin is also known under the brand names Neurontin, Horizant, Gralise, Gabarone and Fanatrex.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oregon
Effective June 19, the Board of Pharmacy had published a final rule amending regulations under OAR 855-019 to allow any person, having once lawfully obtained naloxone, to possess, distribute or administer it for the purpose of reversing an opiate overdose. The rule also requires oral counseling on the use of naloxone be offered by pharmacists rather than require that such counseling be provided.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Idaho
Beginning Sunday, July 1, there will no longer be a pharmacy technician to pharmacist ratio. This rule change has been approved by the State Board of Pharmacy and the state legislature.
Also in Idaho… Starting Sunday, July 1, qualified pharmacists in Idaho will be able to prescribe medications for select common conditions, including seasonal influenza, strep throat and urinary tract infections, as well as statins for patients with diabetes. The new prescribing ability results from a State Board of Pharmacy rule approved by the state legislature.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New York
The New York State legislature passed legislation (A02857D/S1043D) authorizing pharmacy interns to administer immunizations.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Kansas
The Department of Health and Environment and Medicaid announced the selection of three managed care organizations that will serve the Medicaid program, known as KanCare. The companies include Sunflower State Health Plan, UnitedHealthcare of the Midwest Inc. and Aetna Better Health of Kansas, Inc.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alabama
Medicaid conducted an information session on June 13 regarding its proposed “Pivot Entity” (Alabama Coordinated Health Network) Initiative that builds off the Agency’s current case management program structure. A copy of the slides and the video presentation by Medicaid Medical Director Robert Moon has been posted on the Agency’s website. The webpage also includes a summary of the proposed project, which is subject to approval by CMS, and an email address to submit questions or comments. Important note: The proposed “Pivot Entity” program is designed to create a single care coordination delivery system that effectively links patients, providers and community resources in each of seven newly-defined regions. Delivery of medical services is not part of this program.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
California
Senate Pro Tem Toni Atkins (D) announced the following committee changes:
- Senator Ricardo Lara (D) will be the Chair of the Committee on Labor and Industrial Relations.
- Senator Anthony Portantino (D) will be Chair of the Committee on Appropriations.
- Senator Richard Pan (D) will be Chair of the Committee on Health.
- Senator Mike McGuire (D) is appointed to the Education Committee as a member to fill a current vacancy.
- Senator Ben Allen (D) remains the Chair of the Committee on Education.
Also in California… Gov. Edmund G. Brown Jr. (D) announced the appointment of Diana Dooley as Executive Secretary in the Office of Governor. She has served as Secretary of the California Health and Human Services Agency since 2011. Michael Wilkening was appointed Secretary of the California Health and Human Services Agency, where he has served as Undersecretary since 2008.
Also in California… Assemblymember Kevin McCarty’s (D) opioid rebate bill (AB 2486) was significantly amended and is now an opioid tax. Chain pharmacies would be included in the definition of wholesaler and would be subject to the tax. The language also includes taxing intracompany transfers of opioids, which means intracompany transfers from a pharmacy warehouse to its own pharmacy would be subject to the tax.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
The Department of Health announce that the annual open enrollment for Healthy Louisiana Medicaid Managed Care program began on June 15 and will continue until Tuesday, July 31. During this time, Louisianans can choose a new health plan or do nothing and remain with their current plan. There are five health plans that deliver physical and behavioral health care services to the nearly 1.5 million Healthy Louisiana enrollees. Enrollment changes made during this time will go into effect on Saturday, September 1.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Massachusetts
In a meeting this week, the MassHealth (Medicaid) announced that it will not be pursuing a proposed $1.00 reduction in the Medicaid fee-for-service professional dispensing fee. The fee will remain $10.02.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
New York
This week, the Senate unanimously passed the pharmacy technician registration and certification proposal (NY-SB 5584). The bill will now be sent to the Assembly for its consideration.
Also in New York… NACDS joined the Chain Pharmacy Association of New York State and the New York pharmacy coalition in a meeting with the acting Medicaid Director Donna Frescatore to discuss the expanded roles that pharmacies can play in providing healthcare to the state’s Medicaid recipients.
Also in New York… This week, both the Senate and the Assembly passed NY S9100 / NY A9576-B, legislation that would require drug manufacturers to pay for public education, collection, transport and destruction of leftover drugs. It would also require mail-order pharmacies and pharmacy chains of 10 or more stores to provide on-site collection, vouchers for prepaid mail-back envelopes or other U.S. Drug Enforcement Administration-approved methods of drug disposal. The legislation also includes language pre-empting county/local ordinances. The Governor has until the end of the calendar year to sign the legislation into law.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Dakota
Per a recent newsletter, effective June 21, the Medicaid policy for first fill of narcotic prescriptions changed from a 14-day supply to a 7-day supply. This change was made as an effort to align with the PQA Opioid Core Measure set.
Also in North Dakota… The Department of Human Services announced the recent redesign of its website.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Oregon
The Oregon Health Authority (OHA) issued a notice to Medicaid pharmacy providers on May 25 regarding the requirement that prescribers (including those administering immunizations) register with the OHA by Saturday, September 1.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
Governor Greg Abbott (R) announced the appointment of a new president and five new members to the State Board of Pharmacy.
- Dennis Wiesner, a pharmacist and recently retired senior director of privacy, pharmacy and government affairs for H-E-B, was appointed president.
- Donald “Donnie” Lewis of Athens is a staff pharmacist for Malakoff Pharmacy and Tyler Hematology Oncology Pharmacy.
- Rick Fernandez of Northlake is a healthcare director at Walgreens, overseeing 550+ pharmacy locations in the Texas, Oklahoma and Southern New Mexico.
- Daniel Guerrero of San Marcos is a former three-term Mayor and City Council Member for the City of San Marcos. He currently serves as a lecturer in the McCoy College of Business at Texas State University and as a business development consultant with J.L. Powers & Associates.
- Lori Henke, Pharm.D. of Amarillo is the director of pharmacy at Northwest Texas Healthcare System.
- Julie Spier of Katy is the director of pharmacy operations for the southern division of Albertsons, Randalls and Tom Thumb, where she oversees 158 locations in Texas, Louisiana and Arkansas.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
Dr. Karen Smith, the Department of Public Health’s Director and State Health Officer, issued a naloxone standing order to counter the effects of opioid overdose. The order allows organizations that cannot prescribe naloxone to distribute it to those who are at risk of experiencing an opioid-related overdose and to other persons in a position to assist during an opioid-related overdose. The order also authorizes the administration of naloxone to assist a person experiencing or suspected of experiencing an opioid overdose by a family member, friend or other person who has received training from an opioid overdose prevention and treatment training program. Entities can apply for the standing order online.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
On June 6, Gov. John Hickenlooper (D) signed into law HB 18-1313 that clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication pursuant to a collaborative pharmacy practice agreement. The law is effective Wednesday, August 8.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
Gov. John Bel Edwards (D) announced that he will be convening a third special session for 2018 on Monday, June 18 through Wednesday, June 27 aimed at fully funding higher education.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
Legislative amendments made during the 2018 Legislative Session provided a variety of new flexibilities to the Division of Medicaid, including the removal of the statutory cap on physician visits per year and prescription drugs per month. As the agency explores these possibilities, Medicaid-enrolled providers, beneficiaries and other stakeholders should be aware the current DOM policy remains in place and will not change Sunday, July 1.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Nebraska
NACDS reminds members operating in Nebraska that LB 931, legislation enacted in April with provisions pertaining to opioid prescription limitations and positive identification of persons taking receipt of dispensed opioid prescriptions, will become effective Thursday, July 19.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New York
This week, the Senate passed S.1043D/A2857D (companion bills) permitting pharmacy interns to administer all authorized vaccines in the state. It will now go to Gov. Andrew Cuomo (D) for his signature.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Oregon
The Board of Pharmacy confirmed three chain pharmacy industry representatives have been selected from among a slate of industry candidates for the 11-member Rules Advisory Committee (RAC) that will consider revisions to proposed rules that would require all supervisors of Oregon pharmacists-in-charge (PICs) to be Oregon-licensed pharmacists and would give PICs carte blanch over the pharmacy operations without regard to company policy. The RAC will hold its first meeting June 29 from 1:15 p.m.-3:15 p.m. PDT in Portland.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
Medicaid will host a conversation with staff from the state’s Prescription Drug Monitoring Program known as E-FORCSE to provide insights into the new program requirements and opportunities following passage of HB 21. The webinar will be held on Tuesday, June 12 at 12:00 p.m. EDT. Register online after which you will receive an email confirmation. Please send questions to Medicaid staff.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.