SB 25 passed the General Assembly last week and extended COVID executive orders until 4/4/22. Of interest to pharmacy, this bill continues emergency dispensing, remote work for pharmacists, and the ordering and administering vaccinations and COVID-19 testing.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
The Maryland Insurance Administration (MIA) has released its report on the impact of Rutledge v. PCMA court decision and the subsequent Webhi decision on Maryland law and the MIA’s ability to regulate Pharmacy Benefits Managers (PBMs) relationships with pharmacies in Maryland. The report was mandated by the passage of HB 601 of 2021. It concluded that, should the legislature pass legislation regulating PBMs when providing services to an ERISA plan, ERISA would not preempt the MIA’s enforcement of those laws. The report also provides a summary of previously passed laws related to PBMs in Maryland and MIA’s current methods of enforcing them. The report cites comments jointly submitted from NACDS and the Maryland Association of Chain Drug Stores last fall, which highlighted examples of pro-pharmacy laws that align with the Rutledge decision.
Also in Maryland: On December 15, the Department of Health (MDH) issued an updated Vaccination Matters Order and guidance.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
The Massachusetts Drug Control Program has recently released a reminder regarding the dispensing of generic drugs.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
The Division of Insurance of the Department of Commerce’s Final Rule on PBM Licensure and Regulation was adopted with the revisions, published in the register, and became effective Jan 18. For further detail and background or to read stakeholder comments, including those filed by NACDS, go to the Department’s rulemaking page.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
The Board of Pharmacy reminds pharmacies that the temporary emergency rule (MAR 24-174-77) expired on January 11, 2022; this temporary rule included the removal of the pharmacist to pharmacy technician ratio for purposes of vaccine and testing administration and allowed other healthcare providers authorized to administer vaccines to assist pharmacists with vaccine administration. Since these provisions are no longer in effect, the pharmacist to pharmacy technician ratio is 1:4 per ARM 24.174.711.
Also in Montana, the Board of Pharmacy issued a Notice of Public Hearing on Proposed Amendment in MAR 24-174-78. This proposed amendment removes the pharmacist to pharmacy technician ratio, provides for certain pharmacist-in-charge oversight in staffing and allows for other healthcare providers authorized to administer vaccines to assist pharmacists with vaccine administration. The Public Hearing will be held via remote conferencing on February 4. Written comments must be received no later than 5:00 p.m. on February 11.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
The Department of Health and Human Services published Provider Bulletin 22-04 with recent updates on COVID-19 vaccines consistent with CDC guidance. It also published reimbursement for oral antiviral medications, vaccines, and monoclonal antibody administration. Of note, for COVID-19 oral antiviral medications purchased and provided by the government, Medicaid will pay its standard dispensing fee for fee-for-service members. The state’s Medicaid managed care health plans may pay a contractual dispensing fee to the pharmacy for Medicaid members enrolled in the health plan.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Medicaid will be issuing a pharmacy notice regarding coverage of COVID at home antigen tests as soon as it is ready to process the claims. It is anticipated that claims processing will begin around January 25.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Yesterday Governor Kathy Hochul (D) released her executive budget for SFY 2022-23 which contains several provisions impacting pharmacies. Several provisions deal with the scope of pharmacy practices including:
Opioids/Addiction
Also in New York, The New York Board of Pharmacy has just released its updated NYS Drug Price List dated December 2021, including the required sign that must be posted offering the list to the public upon request.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
State Health Director Dr. Betsey Tilson has issued a statewide standing order which will allow insurance coverage to cover costs for COVID home tests, including Medicaid. The link to the order can be found here. It can also be found here under the Provider Section.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.