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.
Michigan
The Department of Licensing and Regulatory Affairs and the Department of Health and Human Services updated the Michigan Opioid Laws Frequently Asked Questions (FAQs) last week on June 1.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Mississippi
The Board of Pharmacy issued a statewide standing order allowing pharmacists to dispense by request naloxone without a prescription. Pharmacists are required to maintain proof of completion of a board-approved training program, to maintain a copy of the standing order, to fill and file the prescription as a legend drug and to provide proper counseling on the use of naloxone.
Also in Mississippi…The Division of Medicaid was instructed by CMS to change the way it reimburses for medical supplies, equipment and appliances and subsequently published a news notice. The agency is actively working with CMS and other stakeholders to address compliance with the rule while ensuring that non-physician providers continue to serve as a vital access point for patients enrolled in the Medicaid program.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
With the enactment of TN Together (SB 2257/ HB 1831), there are several new prescribing and dispensing limits that will become effective on Sunday, July 1 for new patients receiving prescriptions for opioids. The Tennessee Pharmacists Association is offering a one-hour webinar, “Updates on Dispensing of Opioids in Tennessee” on Wednesday and Thursday, June 13 and 14. Webinar registrants will also receive reference materials, flow charts and opioid conversion tables to help guide implementation of the new law. This is a knowledge-based CE activity that benefits pharmacists and pharmacy technicians who provide care to patients through the dispensing of opioids. There is a fee for this program.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Alabama
The Medicaid Agency is pursuing a new initiative to transform the Medicaid delivery system through a flexible and more cost-efficient effort which builds off the Agency’s current case management program structure. A meeting to discuss this initiative will be held on Wednesday, June 13. The meeting is for providers, recipients, advocates and others with an interest in Medicaid.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arkansas
The Board of Pharmacy will be meeting in Little Rock on Tuesday and Wednesday, June 5 and 6. The following regulatory changes will be considered at a public hearing on Wednesday, June 6:
- REGULATION 5 – LONG-TERM-CARE FACILITIES: Proposed changes will update language regarding destruction of unused drugs for long-term care facilities to remove outdated language, update emergency kit guidelines for use in long-term care and establish a list of emergency medications that can be used in Crisis Stabilization Units.
- REGULATION 7 – DRUG PRODUCTS/PRESCRIPTIONS: Proposed changes will reduce regulatory burdens when transferring prescriptions between pharmacies and add language to specify that a pharmacist cannot dispense more of a Schedule II narcotic medication than a prescriber can prescribe.
- REGULATION 8 – WHOLESALE DISTRIBUTION: Proposed changes will clarify language in Regulation 8 to match statutory language in 17-92-108 and will also allow an outsourcing facility to operate under a single permit if they do not provide medications directly to patients.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
HB 18-1313, legislation chain pharmacy supported that clarifies that pharmacists are practitioners for the purposes of prescribing under statewide protocols, passed both Houses and was sent to Gov. John Hickenlooper (D) for his consideration.
Also in Colorado…The Board of Pharmacy is convening a stakeholder meeting on Monday, June 11 to solicit input on the following proposed draft rules before commencing the formal rulemaking process.
- Rule 3.05.00 – Would establish a new rule acknowledging pharmacist’s ability to issue a prescription for and dispense OTC medications to recipients under the Colorado Medical Assistance Act.
- Rule 6.00.00 – The purpose of any proposed amendments to Board Rule 6.00.00 is to address the requirements of drug therapy management.
- Rule 14.00.40 and 14.00.80 (telepharmacy)
- Proposed draft changes to Rule 14.00.40 would require any telepharmacy that dispenses more than 50,000 dispensing units in a calendar year to register with the Board as a prescription drug outlet.
- Proposed draft changes to Rule 14.00.80 would establish an inspection and visitation timeline based on dispensing volume for consultant pharmacists with responsibility over telepharmacy sites.
- Rule 17.00.00 (collaborative pharmacy practice), Rule 17.00.00 Appendix A (statewide protocol for dispensing hormonal contraceptive patches and oral contraceptives) and Rule 17.00.00 Appendix B (statewide protocol for dispensing tobacco cessation products):
- Proposed draft revisions to Rule 17.00.00 outline the specific education / training to participate in statewide protocols as part of collaborative pharmacy.
- Proposed draft revisions to Rule 17.00.00 Appendix A replace references for “prescribing” contraceptives pursuant to the statewide protocol with references to “dispensing” contraceptives pursuant to the statewide protocol
- Proposed draft revisions to Rule 17.00.00 Appendix B replace references for “prescribing” smoking cessation products pursuant to the statewide protocol with references to “dispensing” smoking cessation products pursuant to the statewide protocol
- Rule 25.00.14 – Would allow and address the corresponding expectations of involved pharmacists in the packaging and labeling of medication for a specific patient by an automated device at a specialized prescription drug outlet.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Hampshire
The state legislature adjourned on May 23 after taking up several legislative proposals of interest. Gov. Christopher T. Sununu (R) signed into law SB 332, legislation facilitating medication synchronization, and SB 333, legislation allowing pharmacy interns to administer the same vaccinations for which pharmacists are authorized to administer. HB 1791, legislation permitting substitution of interchangeable biologics and declaring that contracts between insurers/PBMs and pharmacies shall not contain a provision prohibiting the pharmacist from providing certain information to an insured which would prove beneficial in lowering prescription drug costs, and HB 1822, legislation making hormonal contraceptives available directly from pharmacists via a standing order, have passed both legislative bodies and will be considered by the governor. Finally, HB 1418 establishes a commission to study greater transparency in pharmaceutical costs and drug rebate programs. The study report is due by Thursday, November 1.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Nevada
The Board of Pharmacy will be meeting in Reno on Wednesday and Thursday, June 6 and 7. Two public hearings—related to prescription readers and practitioner access to the Prescription Monitoring Program database and related to prescribing and dispensing of controlled substances for treatment of pain—will also be held on Thursday, June 7.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Tennessee
Effective Sunday, July 1, all pharmacies participating in the TennCare or CoverKids pharmacy program must have a valid TennCare issued Medicaid ID. Failure to obtain a valid Medicaid ID may result in rejected claims and disqualification as a provider for these networks. This requirement applies to MagellanRX and Express Scripts and any subsequent pharmacy benefits manager for TennCare or CoverKids. Pharmacies that need a Medicaid ID are required to register through the TennCare electronic registration portal.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Colorado
This week, Gov. John Hickenlooper (D) signed into law SB 18-022 that includes a seven–day opioid prescribing limit.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Connecticut
The state legislature adjourned after passage of SB 197 (Public Act No. 18-74), permitting substitution of interchangeable biologic products, and SB 246 (Public Act No. 18-77), directing the Commissioner of the Department of Social Services to make recommendations for automatic fills in the Medicaid fee-for-service program. The legislature rejected a proposal requiring the Prescription Drug Monitoring Program database be checked each time an opioid is filled and also rejected a proposal prohibiting prescriptions of Narcan® (an opioid antagonist) to a family member. With the entire legislature up for re-elections, controversial budget issues were punted until after the election.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Iowa
Gov. Kim Reynolds (R) signed into law SF 2322 into law, effective 90 days after adjournment, containing a wide-ranging provisions impacting community pharmacy. The bill authorizes the Board of Pharmacy to develop statewide protocols for naloxone, nicotine replacement products and immunizations. Once the statewide protocol for immunizations takes effect, pharmacists will have independent authority to provide immunizations, meaning a local protocol or a prescription from a physician is no longer required. Pharmacists will be able to administer flu vaccines to patients age six months of age and older (currently eighteen years and above, except in public health emergencies). Pursuant to a protocol to be developed by the Board in consultation with the Department of Public Health, pharmacists will be able to administer the final two doses of HPV vaccination to patients eleven years of age and older. The law also permits technician product verification in the community and hospital settings, charging the Board of Pharmacy with issuing rules for implementation. NACDS acknowledges the Iowa Pharmacy Association for its leadership and advocacy efforts to enact this legislation.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.