Oklahoma
HB 2931, legislation NACDS and a broad coalition support that would phase-in a mandate for e-prescribing of all controlled substances, passed the House and was referred to the Senate for consideration.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
The Health and Human Services Commission that oversees Medicaid is reminding pharmacies that it is the responsibility of the billing provider to ensure that submitted claims contain the National Provider Identifier (NPI) number of the physician or other professional who ordered, referred or prescribed the items or services. Additionally, all ordering, referring or prescribing providers must be enrolled as participating providers in Texas Medicaid as required. Be advised that claims will be denied if the NPI is missing or invalid and if the provider is not appropriately enrolled. These requirements impact not only the Medicaid program, but also Healthy Texas Women and Children with Special Health Care Needs Services programs only. These requirements do not apply to out-of-network providers that order, refer or prescribe only for managed care members.
Also in Texas…On Monday, April 2, the Health and Human Services Commission will enhance the restriction on the use of opioid cough and cold products for people enrolled in Medicaid fee-for-service and the Children with Special Health Care Needs Services Program to deny coverage of these products for people less than 18 years of age. A list of currently impacted drugs which is subject to change daily is available on the Vendor Drug Program website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
HB 1556, legislation that will require pharmacies to report naloxone prescriptions to the prescription monitoring program has been signed by Gov. Ralph Northam (D) as Chapter 185. Specifically, the law amends the definition of “covered substances” to include naloxone and Schedule V controlled substances dispensed pursuant to a prescription and requires those drugs to be reported. The bill was an initiative of the Department of Health Professions (DHP) intended to allow practitioners to track whether patients are filling naloxone prescriptions when they are required under current prescribing guidelines. The bill requires that DHP promulgate regulations to implement.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
Gov. Rick Snyder (R) signed into law HB 4472 pertaining to the substitution of interchangeable biosimilars with various options for pharmacists to communicate the product dispensed to the prescriber effective Tuesday, May 29.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Missouri
On March 5, Gov. Eric Greitens (R) announced a new effort to address the opioid epidemic that includes enforcing physician compliance with the chronic pain treatment guidelines of the Centers for Disease Control and Prevention. The initiative directs the Department of Social Services MO HealthNet Division to work collaboratively with the Department of Mental Health and the Department of Health and Senior Services to accelerate the goals of the MO HealthNet Opioid Prescription Intervention Program, which has been in place since 2010.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Virginia
Legislation that will require pharmacies to report naloxone prescriptions to the prescription monitoring program has passed both chambers and been sent to Gov. Ralph Northam (D) for his signature. Specifically, SB 832 amends the definition of “covered substances” to include naloxone and Schedule V drugs dispensed pursuant to a prescription and requires those drugs to be reported. The bill was an initiative of the Department of Health Professions intended to allow practitioners to track whether patients are filling naloxone prescriptions when they are required under current prescribing guidelines.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Idaho
Gov. Butch Otter (R) signed HB 354 (Session Law Chapter 10) adding opioid antagonists to the list of drugs required to be reported electronically to the Board of Pharmacy’s Prescription Monitoring Program database. The reporting requirement takes effect Sunday, July 1.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Iowa
The Iowa Medicaid Enterprise (IME) mailed its 2018 cost of dispensing surveys to pharmacies this week with a deadline for response of Friday, March 30. The determined dispensing fee will take effect Wednesday, August 1. More information is available in the IME Informational Letter NO. 1875-MC-FFS.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Michigan
The Michigan Department of Health and Human Services (MDHHS) requirement that Managed Care Organization (MCO) typical providers be enrolled in CHAMPS by March 1, 2018, has been delayed. Additional communication will be issued when a date has been finalized. More information can be found on the Provider Enrollment web page.
Also in Michigan. NACDS attended the Michigan Pharmacists Association (MPA) Annual Convention in Detroit, where MPA honored State Reps. Henry (Hank) Vaupel (R), Scott Dianda (D), Abdullah Hammoud (D) and Bronna Kahle (R) for their contributions to supporting community pharmacy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Washington
Engrossed Substitute – ESHB 1047 unanimously passed the Senate. Although it will have to go back to the House of Representatives for concurrence on a technical amendment made in the Senate, it is anticipated the bill will be signed into law by Gov. Jay Inslee (D), creating a statewide, voluntary, drug take-back program, funded by manufacturers. The bill includes local pre-emption and sunsets in 2029, if not reconfirmed by the state legislature.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nebraska
Gov. Pete Ricketts (R) appointed Matthew Van Patton as Medicaid Director, filling a 10-month vacancy left by the outgoing Calder Lynch, who took a position with the Centers for Medicare and Medicaid Services. Dr. Van Patton previously served as President and CEO of Cadre Medical Technologies, a healthcare technology company, and also as Chief of Staff for U.S. Rep. Trey Gowdy (SC R-4). He has a doctoral degree in health administration from the Medical College of South Carolina.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Arizona
The House of Representatives passed HB 2633, removing certain requirements included in an opioid omnibus bill, enacted earlier this year. At the federal and state levels alike, NACDS is urging policies that would help address the opioid abuse epidemic, and NACDS also points out the burdens and unintended consequences that some new proposals would create, without helping to address the epidemic. Requirements removed by HB2633 include the following:
- Pharmacists are not required to verify with the prescriber when presented with an initial prescription for a Schedule II controlled substance that contains an opioid that is written for more than a five-day supply.
- Pharmacists are not required to verify with the prescriber a prescription order for a Schedule II controlled substance that contains an opioid that is written for more than 90 morphine milligram equivalents per day.
- Pharmacists are not required to verify with a medical practitioner or the Board of Pharmacy whether the medical practitioner has received a waiver for e-prescribing of Schedule II controlled substances that contain an opioid.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Board of Pharmacy announced its final regulations for pharmacists to furnish, without a prescription, naloxone, an antidote to reverse opioid overdose, became effective January 27, 2016. The San Francisco Department of Health has published a tri-fold brochuretitled “Opioid safety and how to use naloxone—A Guide for Patients and Caregivers”.
Also in California…On Friday, March 2, the Board of Pharmacy is offering pharmacists one hour of free continuing education credit on law and ethics by attending a live recording of a presentation on law and ethics at the California Department of Consumer Affairs—Building Two, 1747 N. Market Blvd., Room 186, in Sacramento.
Also in California…Reminder: Wednesday, February 28 is the deadline to file an attestation claim for the higher professional dispensing fee in the Medi-Cal fee-for-service program. The attestation period for both the 2016 and 2017 calendar years is open until February 28, 2018. Separate attestations must be submitted for each calendar year. The web portal will close at 12 a.m. on Thursday, March 1, 2018, and attestations will not be accepted after that time. The attestation for each calendar year reporting period will determine the professional dispensing fee component of the pharmacy claim reimbursement for claims with dates of service within the State’s following fiscal year. As an example, a 2017 calendar year claim volume attestation will determine the professional dispensing fee for claims within the State’s 2018—2019 fiscal year (dates of service of Sunday, July 1, 2018, through Sunday, June 30, 2019). For additional information, providers may refer to this background information regarding migration to cost-based reimbursement plus a professional dispensing fee or can refer to the Pharmacy Provider Self-Attestation FAQs or the Pharmacy Reimbursement Project webpage on the Department of Health Care Services website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
With support from NACDS, the Colorado Retail Council’s chain drug committee hosted a legislative luncheon in the Capitol where chain pharmacists educated lawmakers on the business of pharmacy and our 2018 legislative agenda which includes mandatory e-prescribing legislation. This annual event has proven to be an excellent way to enhance the visibility of chain pharmacies in the Capitol.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
On February 21, Gov. John Bel Edwards (D) convened a special fiscal session of the legislature to deal with an estimated $1 billion shortfall for its 2018-2019 budget beginning on Sunday, July 1, 2018.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
HB 2931, legislation that would mandate electronic prescribing introduced by Rep. Glen Mulready (R), is scheduled to be heard in the House Judiciary Committee on Wednesday, February 28.
Also in Oklahoma…NACDS sent the Board of Pharmacy a letter requesting that they establish a Technician Task Force stakeholder group to explore all issues related to enhancing the use of technicians in retail community pharmacies.
Also in Oklahoma…On February 13, chain and independent pharmacists and pharmacy students participated in the annual Oklahoma Pharmacists Association’s Day at the Capitol which NACDS supported. After a briefing by Sen. Rob Standridge (R) and others, the group walked the halls to educate lawmakers on mandatory e-prescribing and other pending legislation important to pharmacies.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Pennsylvania
Legislation what will allow pharmacists to provide emergency 30-day refills has been signed into law by Gov. Tom Wolf (D) as Act 8 of 2018. Specifically, Act 8 will allow pharmacist to provide a patient who is on a drug that is either essential to sustaining his life or to maintaining a consistent drug therapy, a 30-day refill without a prescription. Under current law, a pharmacist can only provide one refill of the prescription limited to a 72-hour supply. The act was effective upon signing.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
The Health and Human Services announced that beginning February 12, they began coverage of mosquito repellents for the prevention of the Zika virus. The benefit will run continuously year-round.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Florida
Gov. Rick Scott (R) has declared the opioid epidemic a state of emergency in Florida (see Executive Order 17-146). In response to the opioid crisis, the Agency for Health Care Administration is implementing provisions under the Florida Medicaid program to assist in the prevention and treatment of substance use disorders. Florida Medicaid currently covers an array of behavioral health therapies and prescribed drugs to treat substance use disorders and does not limit the length of time recipients may receive treatment. You can find updated information on Medication-assisted treatment and additional changes related to prescribed drugs in the recent Provider Alert.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
South Dakota
Gov. Dennis Daugaard (R ) signed into law SB 75 on February 8 pertaining to the substitution of interchangeable biosimilars with various options for pharmacists to communicate the product dispensed.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New York
Gov. Andrew Cuomo (D) announced he is advancing a 30-day budget amendment that would codify an Executive Order temporarily allowing pharmacists to administer flu vaccines to children ages two to 18 years. If enacted, this legislation would permanently suspend the section of the state education law that limits the authority of pharmacists to administer immunizing agents to anyone under 18 years of age. The budget amendment also includes language to encourage pharmacies to enroll in the New York State Vaccines for Children Program, which provides vaccines to children and individuals regardless of their ability to pay.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Wisconsin
NACDS sponsored and attended the Pharmacy Society of Wisconsin’s Legislative Day on February 8. A primary focus was support for companion bills, AB 680 and SB 576, which would give pharmacists independent authority to provide vaccines listed on the Centers for Disease Control and Prevention Advisory Committee on Immunization Practice’s (ACIP) recommended vaccine schedules for anyone 6 years of age and older; allow pharmacists to provide vaccines not currently recommended by ACIP pursuant to a prescription, standing order or protocol for anyone 6 years of age and older; and allow pharmacists to provide vaccines to children younger than 6 years of age pursuant to a prescription.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Maryland
The Senate Finance Committee held a hearing on SB 13, legislation that would require pharmacies to report dispensing information on all drugs to the state’s Health Information Exchange. The Maryland Association of Chain Drug Stores and the Maryland Pharmacists Association testified in opposition to the bill, citing the lack of input by pharmacy previous to the bill being filed. Following that testimony, the Committee adopted a motion directing the Maryland Health Care Commission to further explore the concept through stakeholder’s workgroup meetings.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Arizona
Gov. Doug Ducey (R) called a special session on January 22 to address the state’s opioid abuse crisis. On January 26, the Governor signed into law SB 1001 that rapidly moved through the legislature. Among the various pharmacy provisions in the bill are requirements for pharmacists to check the prescription drug monitoring program database for all new opioid prescriptions and to place a red cap and adhere a warning label to a prescription vial containing an opioid product. The warning label will be developed via Board of Pharmacy regulations. Beginning January 1, 2019, there will be requirements for e-prescribing of Schedule II controlled substances prescription phased in based upon population in a county with all counties in compliance by July 1, 2019.
Indiana
The Senate Committee on Civil Law reported out an amended version of SB 339, sponsored by Sen. James Merritt (R). As proposed, the bill would have required that a pharmacy dispense all Schedule II controlled substances in a lockable vial. The amended bill would require a pharmacist to offer patients the option of receiving their prescriptions in lockable vials. NACDS is supporting the on-the-ground efforts of the Indiana Retail Council to oppose this bill, which is now eligible for consideration by the full Senate.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.