In The States – Page 234 – Weekly news about states

Pennsylvania

Last week, the General Assembly voted to terminate the Governor’s disaster declaration. Both chambers then subsequently passed legislation, which Governor Wolf (D) signed, that extends all statutory and regulatory waivers until September 30, 2021. We anticipate further legislative action in the fall related to the continuation of some waivers and flexibilities beyond September 30 and will continue to update members on those efforts.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Michael Silber2021-06-17T20:15:24-04:00June 17, 2021|Pennsylvania|

South Carolina

The Centers for Medicare and Medicaid Services (CMS) has informed the South Carolina Department of Health and Human Services (SCDHHS) that the South Carolina Healthy Connections Medicaid program will participate in the Payment Error Rate Measurement (PERM) program for State Fiscal Year 2022. CMS’ PERM program was developed to measure the accuracy of Medicaid and Children’s Health Insurance Program (CHIP) payments made by states. Each state is reviewed once every three years. Samples of claims with paid dates of July 1, 2021, through June 30, 2022, will be subject to review. You can review the entire bulletin here.

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

Michael Silber2021-06-17T20:13:46-04:00June 17, 2021|South Carolina|

Texas

NACDS continues to strongly advocate, through social media messaging and pharmacists contacting Gov. Greg Abbott (R) before Sunday, June 20, 2021, that the governor sign into law HB 1919, legislation that would help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” patients to use any in-network pharmacy provider over another.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Michael Silber2021-06-17T20:12:34-04:00June 17, 2021|Texas|

Alabama

Stakeholders were recently made aware that at least one PSAO has sent communications to its pharmacy members that it would begin charging sales tax on its services in June. The Alabama Department of Revenue (DOR) has confirmed that the collection of sales taxes for PSAO services is not in compliance with the sales tax law. The DOR further stated that if additional PSAOs attempt to collect sales tax for their services, pharmacies should contact the DOR to resolve the issue.

Also in Alabama, the Board of Pharmacy has proposed the below rules.

Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to replace “inspectors” with “investigators” in the provisions on revealing sources of information related to violations. A hearing is scheduled for July 21, 2021, in Birmingham. Comments are due July 10, 2021.
Emergency rule of the Board of Pharmacy adopts regulations under AAC 680-X-2 to allow the board to issue temporary pharmacist practice permits during the coronavirus (Covid-19) public health emergency. The rule applies to applicants licensed in another state who meet specified criteria. The rule readopts the April 30, 2020, emergency rule and became effective April 28, 2021, and expires August 26, 2021.
Proposed rule of the Board of Pharmacy would repeal and readopt regulations under AAC 680-X-2 to update the physician and pharmacist collaborative practice requirements. A hearing is scheduled for July 21, 2021, in Birmingham. Comments are due July 10, 2021.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to include supervising pharmacists and technicians in the disciplinary provisions for violation of the pharmacy technician training requirements. A hearing is scheduled for July 21, 2021, in Birmingham. Comments are due July 10, 2021.
Proposed rule of the Board of Pharmacy would amend regulations under AAC 680-X-2 to revise requirements for registered pharmacists to notify the board of a change of supervising pharmacist. A hearing is scheduled for July 21, 2021, in Birmingham. Comments are due July 10, 2021.
Emergency rule of the Board of Pharmacy amends regulations under AAC 680-X-2 to allow pharmacists to provide emergency prescription refills for a 30-day supply of maintenance medications under certain circumstances during the COVID-19 public health emergency. The rule readopts a March 31, 2020, emergency rule and became effective April 21, 2021, and expires August 26, 2021.

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

Erica Joyner2021-06-11T15:11:36-04:00June 11, 2021|Alabama|

Arkansas

The Department of Human Services issued two new proposed rules:

Proposed rule amending Medicaid provider regulations to remove references to the Arkansas Foundation for Medical Care, Inc. as the vendor used for approval, denial, or extension of Medicaid benefits.
Proposed rule amending regulations to revise the Pharmacy Provider Manual to update the Place of Service Code to “01,” effective for dates of service on August 1, 2021.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Erica Joyner2021-06-11T15:11:24-04:00June 11, 2021|Arkansas|

California

The State Board of Pharmacy published its agenda for the June 17, 2021, teleconference public board meeting that includes discussion and consideration of adoption of board approved regulation, Section 1717.5 related to automatic refill program, and discussion and consideration of public comments received during the 15-day comment period on the proposed new modifications to the regulation.

Also in California, the Department of Managed Health Care released an All Plan Letter 21-016 to provide information and guidance on when health care service plans must cover COVID-19 diagnostic testing. The letter specifies that health plans must continue to cover testing as required by federal law and guidance that is still in effect and to refer to COVID-19 testing guidance issued by the California Department of Public Health.

Lastly in California, the Board of Pharmacy issued a notice amending regulations under 16 CCR 1715.6 to revise drug loss reporting requirements to establish a minimum reporting threshold and align with federal standards. Hearing requests are due July 5, 2021, and comments are due July 19, 2021

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Erica Joyner2021-06-11T15:11:10-04:00June 11, 2021|California|

District of Columbia

Mayor Muriel Bowser (D) signed B24-257 to allow emergency refills under certain conditions. The bill was introduced and passed as a “gap filler” between the expiration of the previous emergency amendment act, B24- 139, and B24-140 as it will be under Congressional Review for another 2 weeks before becoming law.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Erica Joyner2021-06-11T15:10:59-04:00June 11, 2021|District of Columbia|

Florida

Effective October 1, 2021, any fee-for-service (FFS) claim submitted with a National Provider Identifier (NPI) for a provider not enrolled with Florida Medicaid will be denied, and the provider will not receive reimbursement for services. This includes claims that list a Referring, Ordering, Prescribing, or Attending (ROPA) provider. ROPA providers must be enrolled with Florida Medicaid following Title 42, Code of Federal Regulations, Section 455.410(b). Starting October 1, 2021, claims will not be paid for any practitioner, group practice, facility, or pharmacy providing services to Florida Medicaid recipients based on a ROPA provider’s referral, order, prescription, or attending services, unless the ROPA provider identified by NPI on the FFS claim is actively enrolled with Florida Medicaid.

Florida Medicaid features a quick and easy, automated ROPA provider enrollment application on the Florida Medicaid Web Portal Enrollment Application Wizard page. Please visit the ROPA Provider Enrollment page of the Web Portal for updated information, including the recently created Unenrolled ROPA Provider List, ROPA Providers Frequently Asked Questions, and Quick Reference Guides on ROPA provider enrollment and claims billing. Providers may call the Provider Services Contact Center at 1-800-289-7799, option 7, for billing assistance and option 4 for enrollment assistance.

Also in Florida, the Department of Business and Professional Regulation has proposed the below rules.

Proposed rule of the Department of Business and Professional Regulation would amend regulations under FAC 61N-1 regarding drug and device labeling requirements to revise the references to federal regulations incorporated by reference. Comments and hearing requests are due June 28, 2021.
Proposed rule of the Department of Business and Professional Regulation would amend regulations under FAC 61N-1 to update the application forms incorporated by reference for permits to be a diethyl ether manufacturer, distributor, dealer, or purchaser. Comments and hearing requests are due June 28, 2021.

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

Erica Joyner2021-06-11T15:10:50-04:00June 11, 2021|Florida|

Louisiana

The Board of Pharmacy recently approved several rules effective May 20, 2021.

Final rule increases the amount of medication that may be dispensed under an emergency prescription to a 90-day supply. The rule also provides for special permitting of pharmacists licensed outside the state to allow participation in disaster relief.
Final rule establishes standards for licensure of pharmacy benefit managers engaged in certain activities. The rule establishes procedures for board review of applications for the initial issuance of the permit, the renewal of the permit, applications for the reinstatement of disciplined permits, and the permanent closure of a permit.

Also in Louisiana, the Department of Health (LDH) is reviewing the current transportation services and pharmacy benefit delivery models for its Medicaid managed care program. LDH is seeking input by June 21, 2021, on the key factors that must be considered when improving these models. This feedback can be provided at: https://ldh.la.gov/index.cfm/form/241.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Erica Joyner2021-06-11T15:10:37-04:00June 11, 2021|Louisiana|