Oklahoma
SB 232, legislation that will allow pharmacists to screen and treat for minor ailments and other conditions, dispense hormonal contraceptives without a prescription and increase the pharmacy technician ratio from two to three, was sent to a House/Senate conference committee on May 28 to work out the differences. The Legislature is scheduled to adjourn its regular session by 5:00 pm on May 31.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The Board of Pharmacy posted the May 2024 newsletter with updates on the 2024 legislative session and rulemaking.
Also in Oregon, Emma Sandoe, PhD, MPH, has been appointed as the permanent director of Oregon’s Medicaid program, effective July 24. Since 2019, Dr. Sandoe has served in North Carolina’s Medicaid program most recently as the Deputy Director of Medicaid Policy.
Finally in Oregon, the Board of Pharmacy is seeking licensed pharmacists, physicians and advanced practice registered nurses to serve as subject matter experts (SMEs) for the Public Health & Pharmacy Formulary Advisory Committee. The board utilizes SMEs to develop and revise protocols in the Protocol Compendium per OAR 855-115-0345. SMEs will be selected using an application process to ensure representation of diverse practice settings. If you would like to serve as a SME for the PHPFAC, please complete the online form by June 5; scroll down the webpage to access the online volunteer form. Individuals selected will receive confirmation by June 21. Note: Current SMEs, please complete and submit the form so that the board has your current contact information.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Carolina
The Department of Health and Human Services (SCDHHS) will cover, for a limited time, imported benzathine benzylpenicillin (Extencilline) for use in outpatient medical drug claims when billed with HCPCS code J0561 and at an outpatient pharmacy (point-of-sale). This policy change to provide temporary coverage is to address the ongoing shortage of Bicillin® L-A (penicillin G benzathine injectable suspension). A letter with important prescribing information for Extencilline has been provided to healthcare providers.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Despite strong opposition from employer groups and insurance brokers speaking out against any PBM enforcement, new proposed rules by the Department of Commerce and Insurance which will enact Public Chapter 998 and allow Tennessee Department of Commerce and Insurance to audit PBMs were approved by the Government Operations joint committee and will take effect on June 25, 2024. Thank you to Tennessee Pharmacy Association (TPA) CEO Anthony Pudlo, who testified before the Joint Government Operations Committee in support of these rules.
Also in Tennessee, if you would you like to serve on TPA’s new Specialty Pharmacy Committee, please complete this form to express your interest. The Committee Chair will make committee appointments in the coming weeks, so please respond soon.
Finally in Tennessee, TPA is looking for Champion Advocates across the state to build relationships with their elected officials and help identify physicians who may advocate for the pharmacy profession. Sign up to become a TPA Champion Advocate!
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
On May 28, Texans returned to the polls for runoff elections to decide which Democratic and Republican nominees will be on the November ballot as several races failed to receive more than 50% of the vote in the primary election in March. There were eight US Congressional races, one of which is too close to call with only an 8-vote difference between the two Republican candidates vying for CD 35. In the State Senate, there were two open seats due to one retirement and one running for another office. The State House of Representatives will look much different in 2025, with nine incumbents losing in the March primaries, and seven more incumbents losing their runoffs on May 28. Of the eight Republican incumbents forced into a runoff, only Speaker Dade Phelan (R) and Dr. Gary VanDeaver (R) won their races. The chair of the House Public Health Committee and good friend of pharmacy, Stephanie Klick (R), lost her race.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
Gov. Katie Hobbs (D) issued Executive Order 2024-03 “Protecting Reproductive Freedom Through Increased Access to Contraception.”
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
This week, SB 966 (Wiener) passed the Senate floor with a vote 39-0-1. SB 966 includes provisions that would prohibit the use of “spread pricing”. The bill would also provide other vital reforms, including requiring 100% pass-through of manufacturer rebates to plan sponsors to keep patient premiums low, prohibiting the steering of patients to PBM-affiliated pharmacies and requiring PBMs to obtain a license to operate in the state.
Also in California, SB 1365, legislation increasing the pharmacist to pharmacy technician to 1:4, was placed on the suspense file by the Senate Appropriations Committee and, subsequently, held in committee.
Also in California, the Department of Health Care Services posted the following alert and weekly report on the Medi-Cal Rx Web Portal.
Also in California, as a reminder, this will be the final opportunity to attest for the upcoming fiscal year 2024-2025. For details, review “Pharmacy Provider Dispensing Fee Self-Attestation”. All attestations must be received by May 31 to be accepted. Attestations will not be accepted after closing on May 31; there are no exceptions.
Also in California, the Medi-Cal Rx Diagnosis Crosswalk Navigation, video and the Medi-Cal Rx Reinstatement – Implementation of Reject Code 80 video have been published.
Finally in California, the Department of Health Care Services posted the following:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
Gov. Ron DeSantis (R) signed HB 7072, the Tax Package for Fiscal Year 2024-25. The package provides $1.07 billion dollars in tax relief and includes several sales tax holidays that provide Floridians with substantial sales tax relief.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
As a reminder, the cost of dispensing survey was to be mailed to pharmacies on May 22 and the deadline to respond is July 31. For details, see the Department of Health and Human Services, Iowa Medicaid’s INFORMATIONAL LETTER NO. 2584-MC-FFS Pharmacy Cost of Dispensing Survey 2024.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Louisiana
The Senate passed HB 579, the PEP/PrEP bill, as amended by a vote of 38-0. The bill now goes back to the House to concur with the Senate amendments.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maine
The Board of Pharmacy posted the agenda for its next scheduled meeting on June 6.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Maryland
At its May 20 meeting, the Prescription Drug Affordability Board selected six prescriptions drugs for cost review studies.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Minnesota
The Department of Health (MDH) recently released the Minnesota Prescription Drug Transparency: 2024 Report to the Minnesota Legislature (PDF). The report presents analysis of information reported to MDH through June 2023, provides a summary and timeline for the implementation of new work and assesses the Prescription Drug Price Transparency Act’s (the Act) progress toward statutory goals. Key findings from this report include:
- There is notable interest in public data on drug prices, including from health care payers in Minnesota. In 2023, MDH saw more than 6,500 visits to its web pages dedicated to prescription drug price transparency.
- Price increases of reportable drugs affect many Minnesotans. More than 75,000 people living in the state used these drugs in 2022. Collectively, the increases contributed to additional health care spending of more than $53.2 million in 2022.
- Overall, many pricing trends are in line with previous reports. However, one notable departure is that data show prices for new drug introductions increased significantly with many new drug products priced over $3 million.
- Among the most expensive drugs reported, the prices for these drugs in Minnesota were higher than prices for the same drugs internationally.
- Many drug manufacturers continue to be out of compliance with the full requirements of the Act. Approximately 33% of reports have not been submitted (99 distinct manufacturers are delinquent for 775 total reports), and all reports have data quality issues upon initial submission.
MDH will continue to release updates on implementation on the MDH Rx Price Transparency website. For questions, please email health.rx@state.mn.us.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Montana
The Department of Labor and Industry is looking for a pharmacist to serve in a new third inspector position for the Board of Pharmacy. This position is responsible for performing pharmacy inspections around the state, issuing inspection reports, verifying licensure of pharmacy personnel and facilities, verifying compliance with state and federal statutes and regulations, and communicating with a variety of licensees and stakeholders. The application closing date is May 30. The job posting and instructions for applying are available online. If you have any questions, please contact Marcie Bough, Executive Officer, at (406) 841-2371.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nebraska
The Department of Health and Human Services posted the Drug Utilization Review (DUR) Board draft meeting minutes from May 7.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
New York
On May 21, the Senate Committee on Higher Education reported favorably S9186, a bill to update shared pharmacy services. The bill will establish conditions under which resident or non-resident pharmacists and pharmacies may participate in shared pharmacy services. S9186 has previously passed the Assembly. NACDS will continue to advocate for final passage of the bill in the Senate.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Oregon
The Prescription Drug Affordability Board (PDAB) has extended the deadline for the Upper Payment Limit (UPL) survey. The survey is being used to gather information about concerns, challenges, impacts, and opportunities related to the UPL process in Oregon. If you have not yet submitted a response, please do so by May 31. You can access the survey at the following location: https://mslc.qualtrics.com/jfe/form/SV_39ijG1FM8LzFDMy
Please send any questions to the project team at PDAB@DCHB.Oregon.gov.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Tennessee
On May 17, CMS approved Tennessee’s request to amend its Medicaid section 1115 demonstration, “TennCare III.” This amendment significantly changes its coverage and benefits, including eligibility for parents and caretaker relatives, introducing a new benefit to cover diapers for infants under the pharmacy benefit, enhancing home and community-based services (HCBS) focusing on employment supports and more. The Tennessee Pharmacy Association will work closely with TennCare leadership as the diaper program logistics are finalized.
Also in Tennessee, the Tennessee Pharmacists Association invites pharmacy teams to learn about the Department of Health (TDH) Health Trailblazers Initiative, a program aimed at enhancing the well-being of adult and perinatal populations by fostering vaccine confidence in clinical settings. This initiative seeks to build a collaborative network of healthcare providers dedicated to improving immunization practices and outcomes. Register now to join an informational session on May 28 from 12:00 pm – 12:30 pm CT.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
NACDS attended the Texas Conservative Coalition Research Institute’s Healthcare Policy Summit in Austin. Led by Republican Senators Pete Flores and Kelly Hancock and Representatives James Frank and Dr. Tom Oliverson, the program focused on exploring how to best expand the scope of practice for medical professionals to increase access to high-quality, affordable healthcare services for all Texans. Panelists Kevin Host with Walmart, Jay Bueche with HEB and Samatha Pickering with Walgreens, educated lawmakers and regulators on the value of pharmacists and pharmacies. A second panel addressed what steps legislators need to take to ease the regulatory burdens that drive up costs for consumers and employers.
Pictured left to right – Sen. Pete Flores (R), NACDS Chairman of the Board Kevin Host and Texas Rep. Dr. Tom Oliverson
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
On May 22, the Board of Pharmacy held its regular monthly meeting. The agenda included a legislative update, license review and an election for a new vice chair. The rules revisions the board has been working on will be sent soon to the Interagency Committee on Administrative Rules. The next meeting will be held June 24.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Alabama
The 2024 Legislative Session has adjourned. A Legislative Study Group is being developed over the summer to address the PBM issues in Alabama.
Also in Alabama, as a reminder, federal regulations require states to conduct a fingerprint-based criminal background check on providers or any person with five percent or more direct or indirect ownership interest in the provider who meets any of the criteria listed in the ALERT pursuant to 42 C.F.R. § 455.450.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Alaska
HB 226D, comprehensive legislation pharmacies supported to ensure patient choice of pharmacy, improve transparency and accountability in pharmacy benefit management and enhance the standards for pharmaceutical care across the state, passed the legislature and was sent to Gov. Mike Dunleavy (R) to sign into law.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
The Board of Pharmacy posted its recent newsletter.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arkansas
On May 10, the Legislature adjourned its fiscal session sine die after adopting a $6.3 billion state budget.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Department of Health Care Servies posted this alert “Medi-Cal Rx Provider Portal Troubleshooting and Support”. Visit the Medi-Cal Rx Web Portal to see a historical listing of alerts, weekly notices, and monthly bulletins.
Also in California, the Board of Pharmacy posted the May 2024 issue of The Script.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.