Massachusetts
The Massachusetts Joint Legislative Committee on Financial Services has reported H4066, a bill to expand pharmacist’s scope of practice, favorably out of the committee. Specifically, the bill directs the Board of Pharmacy to establish protocols for pharmacies to test, screen and initiate treatment or therapy for qualified health conditions: Influenza, Streptococcal infections, COVID-19, HIV, and any other conditions approved by the Board. H4066 also allows pharmacists to delegate the tasks of performing a CLIA–waived test to pharmacy technicians acting under the supervision of the pharmacists. Lastly, the bill requires insurance carriers to make available provider and consult codes for pharmacy compensation which shall be at the standard contracted rate that they reimburse for the same services by any other healthcare provider. H4066 will now be assigned to a committee of second jurisdiction. NACDS will continue to partner with the Massachusetts Chain Pharmacy Council to advocate for final passage of the bill.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Missouri
On March 4, the House Health and Mental Health Committee will hold a hearing on HB 1627, legislation pharmacies support that would bring some much-needed PBM reforms. The Missouri Pharmacy Association is organizing a rally at the Capitol on Monday, urging pharmacists and technicians to show up at 11:00 am to tell legislators that "Enough is enough" with PBM abuses.
Also in Missouri, the Board of Pharmacy's February 2024 newsletter was posted on the Board's website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The Board of Pharmacy posted a revised agenda for its March 4 meeting. The board also posted the draft minutes from the January 8 and the February 6 meetings.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nevada
The Board of Pharmacy posted the agenda for the March 6 & 7 meeting in Las Vegas.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On February 27, the State Department of Health Office of Health Insurance Programs approved the release of the January 2024 Medicaid Update.
- eConsults (Cover)
- NY State of Health Public Health Emergency Unwind Fact Sheet for Providers Now Available
- Zynteglo® (betibeglogene autotemcel): Medicaid Practitioner Administered Drugs Update
- Reminder: New York State Medicaid Covers Nirsevimab, Abrysvo and Arexvy for the Prevention of Respiratory Syncytial Virus
- Updated Fees for Family Planning Services
- Medicaid Managed Long Term Care Transportation Carve Out Begins March 1, 2024
Also in New York, the State Board of Pharmacy will be holding its regular meeting on March 7 at 10:00 am in New York City. The Board advises that members of the public wishing to observe the Board of Pharmacy's public session must email their full name to the Pharmacy Board office (pharmbd@nysed.gov) at least 48 hours in advance. Failure to notify the Board office may result in delayed entry to the meeting. For security purposes, a valid Government issued ID will be required for admittance.
Also in New York, S8545, was introduced last week at the request of NACDS and the Community Pharmacy Association of New York State. This legislation would (1) remove the limitation on where "registered pharmacy technicians" can practice in the state to all pharmacy settings; (2) add vaccine administration authority to the duties of registered pharmacy technicians; and (3) provide greater flexibility in the supervision standard for pharmacists overseeing registered pharmacy technicians from a "direct personal supervision" standard to being immediately available. An Assembly companion bill will be introduced soon.
Also in New York, on February 13, the State Department of Health issued a new non-patient specific prescription for naloxone with pharmacy dispensing protocol effective February 13, 2024, through February 12, 2026.
Finally in New York, the State has expanded its existing efforts at monitoring and understanding prescription drug prices by enacting legislation addressing prescription drug price transparency. Effective June 19, 2024, S599-A/A1707 amends the New York Insurance Law to require prescription drug manufacturers to report certain price increases before they occur.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Ohio
The Board of Pharmacy has published a schedule of 2024 board meetings.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
The Oklahoma Pharmacists Association’s (OPhA) Legislative Day at the Capitol is on March 5. Michael Leake, Deputy Attorney General and Director of the PBM unit, will update on efforts to oversee the enforcement of the Patients Right to Pharmacy Choice Act and the Audit Integrity Act.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
SB 1506 (Enrolled) passed the House and will be sent to Gov. Tina Kotek (D). This bill would allow a pharmacist to test and prescribe, dispense, and administer treatment for SAVS-CoV-2 consistent with protocols adopted by the State Board of Pharmacy by rule. It would also permit a pharmacist to delegate to a pharmacy technician or an intern under the pharmacist’s supervision the administrative and technical tasks of performing a SARS-CoV-2 CLIA-waived test. Finally, the bill would require payment for these services effective October 1, 2024, with a sunset date of June 30, 2026.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Dakota
HB 1147 (Enrolled), legislation addressing discriminatory acts against entities participating in a 340B drug pricing program, was delivered to Gov. Kristi Noem (R) on February 27.
Also in South Dakota, Heather Petermann is Medicaid Director for the Department of Social Services. Heather previously led the Health Care Research and Quality division within the Minnesota Department of Human Services.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Tennessee
Tennessee Pharmacy Association (TPA) asked pharmacy technicians to complete TPA’s pharmacy technician survey Survey topics include responsibilities, advanced technician roles, direct patient care roles, well-being, and certifications. Participation will help TPA gain insight into the roles that pharmacy technicians hold within different settings of pharmacy practice.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The State Board of Pharmacy (TSBP) adopted and proposed several new rules at the February quarterly meeting.
Also in Texas, the TSBP publishes a monthly newsletter aimed at informing interested parties about law and rule changes and news relating to the practice of pharmacy in the state.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
Effective February 21, Change Healthcare started to experience network issues expected to continue throughout the weekend. To ensure Medicaid members receive necessary prescriptions and pharmacies have necessary guidance the agency offered the following:
- Claim Processing/Prescription and Emergency Fills: Claims are not processing currently. Existing federal law requires that a 72-hour emergency supply of a prescription drug be dispensed to Medicaid patients when the medication is needed without delay. Claims will be processed once the Change Healthcare system issues have been resolved. It is expected that providers will adhere to the provider agreements, which prohibit billing members when Medicaid will pay for services. Please refer to the provider manual for the limitations on billing members Vermont Medicaid Provider Manual (vtmedicaid.com).
- Eligibility: Eligibility must be verified through the automated Voice Response System (VRS), 800.925.1706, option 1 and then option 1 again or by utilizing online Transaction Services (https://vtmedicaid.com/#/home). For those members indicating new enrollment as of February 23, please call Maximus at 855-899-9600 during business hours and for afterhours please call the automated Voice Response System (VRS).
- Pharmacy Procedures: Many pharmacies have established internal procedures to handle such situations and we encourage dispensing medications to affected members to ensure continuity of care.
- Prior Authorizations: The outage is impacting the ability to issue prior authorizations. Therefore, prior authorization will be retroactively reviewed and applied for prescriptions filled during the system outage. Pharmacies must review the PDL to ensure the criteria is met prior to issuing new medications. Preferred Drug List (PDL) & Clinical Criteria | Department of Vermont Health Access
- Refills should be issued as requested based on the member's history and clinical judgement. These claims will also be subject to a retroactive review.
- Controlled substance prescriptions: Please review the Vermont Prescription Monitoring System (VPMS) system as required.
- Helpdesk Access: Due to the outage, pharmacies are temporarily unable to contact the pharmacy helpdesk via phone or fax. Change Healthcare has indicated that the cause of the outage has been identified and they are working actively to restore normal operations. For questions, contact the Department of Vermont Health Access Pharmacy team at 802-879-5000 or ahs.dvhaph@vermont.gov.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Washington
The PBM reform bill that passed the Senate earlier this month was amended in the House and continues to advance E2SSB 5213 through the legislative process despite the false claims that this bill would cost the state of Washington almost $239 million in excess drug spending in year one, and as high over $2.7 billion over the next 10 years. The bill is on the House calendar and must be voted out by 5:00 pm on March 1. If that occurs, the bill will be returned to the Senate for concurrence with amendments added in the House Health and Wellness Committee last week.
Also in Washington, the Pharmacy Quality Assurance Commission (PQAC) posted the agenda for the March 7 meeting.
Also in Washington, register now for the Apple Health quarterly online seminar on March 7 aimed at providing HCA (Health Care Authority) partners with information about current Apple Health (Medicaid) programs and program updates.
Also, in Washington, responsible pharmacy managers or equivalent managers of pharmaceutical firms must conduct an annual self-inspection in March and within 30 days of naming a new responsible pharmacy manager. The self-inspections are to be completed on Pharmacy Quality Assurance Commission provided worksheets.
Finally in Washington, the Department of Health Prescription Monitoring Program is hosting a rulemaking workshop on March 19 to clarify the rules defining the concepts of "sold", "dispense", "filled" and "distributed".
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
SF 0100 (Engrossed), legislation related to prompt payment of clean pharmacy claims, passed the Senate, and was introduced in the House and referred to the Corporations, Elections & Political Subdivisions Committee.
Also in Wyoming, Gov. Mark Gordon (R) sent the Senate his list of nominees for numerous state offices, boards, and commissions. These nominees are subject to confirmation by the Senate. Among the nominees are Summer Hanson, DVM.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alabama
The Medicaid Agency created a new form titled "Notification of Request for Medical Records from Provider." This form should be used by all Medicaid providers to notify Medicaid that recipients have requested copies of their medical records. For more information, click here.
Also in Alabama, the Alabama Pharmacy Association is excited to announce the introduction of its podcast, "Off Script" hosted by Dr. Garrett Aikens. Through "Off Script", they hope to provide important and timely updates about the ever-changing world of pharmacy. Go follow us on Spotify then listen to the intro and expect the first episode later this week as Louise and Danielle recap this week's Board of Pharmacy meeting.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Alaska
The broad PBM reform bill pharmacies are supporting, AK SSSB 121 was amended and referred to both the Senate Labor and Commerce and the Finance Committees for action.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
On February 21, the Senate Committee of the Whole (COW) adopted an amendment to SB 1085 (Senate Engrossed). The bill failed the third reading in the Senate on February 22. Senate President Warren Petersen (R) offered a Motion to Reconsider.
Also in Arizona, SB 1021 (Senate Engrossed), repealing the Sunrise process for expansion of scope of practice for a "health professional group", was adopted by the Senate with a vote of 24-4-2.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Department of Health Care Services posted the Medi-Cal Rx Weekly Wrap-up for February 9-15 (February 16).
Also in California, the Department of Health Care Services posted the following:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
The Agency for Health Care Administration (Agency), along with its fiscal agent Gainwell Technologies, has updated the NPI (National Provider Identifier) Mapping Logic that is used by the Florida Medicaid Management Information System (FL MMIS). Detailed information on the upcoming NPI Mapping Logic can be viewed on the NPI Initiative FAQ. The FAQ and additional information about the NPI Initiative can be obtained by visiting the Florida Medicaid Public Web Portal at mymedicaid-florida.com and navigating to Agency Initiatives, and selecting NPI Initiative.
The NPI to Medicaid ID Search Engine was removed from the public Web Portal and is only available to those logged into their secure Web Portal. The enhanced tool is available by clicking the NPI to Medicaid ID Search Engine link under the Quick Links box within the secure Web Portal.
The NPI to Medicaid ID Search Engine is accessible on the public Web Portal only for those applying and entering an NPI for full, limited or ROPA (Referring, Ordering, Prescribing and Attending) enrollment through the Online Enrollment Wizard.
For more information, visit the Florida Medicaid Public Web Portal at mymedicaid-florida.com and navigate to Agency Initiatives, and select NPI Initiative.
For information on how to perform a password reset for a secure Web Portal user account that is locked, refer to the Secure Web Portal Account Maintenance Quick Reference Guide (QRG)
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Hawaii
HB 2553, legislation expanding pharmacists immunization authority for minors, passed its first two committees.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Idaho
HB 596, related to PBM reform, was introduced and referred to the House Health and Welfare Committee. This legislation would add new definitions; outline requirements that make contracts with pharmacies transparent and fair; require PBMs to provide transparent pricing on drugs and require PBMs to report to the Department of Insurance in a transparent way.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Indiana
As the session nears the end, there are several key dates to keep in mind. All Senate bills must pass the House committees by February 27, and all House bills must pass the Senate committees by February 29.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Iowa
The Board of Pharmacy published ARC 7632C as a Notice of Intended Action to amend Chapter 10, “Controlled Substances”. The proposed amendments would temporarily add nine substances to Schedule I and one substance to Schedule IV of the Iowa Controlled Substances Act in response to similar scheduling action taken by the DEA. Comments may be submitted until 4:30 pm on March 12.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Maine
On February 22, MaineCare announced it is experiencing intermittent network issues processing claims due to Change Healthcare network interruption. As a result, if a pharmacy experiences issues with claims, MaineCare advises to follow routine offline claims processing procedures.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Massachusetts
The Board of Pharmacy updated its standing order regarding Naloxone. Pharmacists and other pharmacy licensees may administer naloxone to someone appearing to be experiencing an opioid-related overdose and will not be subject to criminal or civil liability or any professional disciplinary action in accordance with state law.
Also in Massachusetts, the Department of Public Health (DPH) proposed changes to 105 CMR 222 which regulates the Massachusetts Immunization Information System (MIIS). The changes will:
- Expand the application of the MIIS regulations to also cover authorized recipients of the information transmitted through the system in addition to health care providers. DPH is authorized to designate other appropriate users of the MIIS.
- Shorten the time timeframe for healthcare providers to report all new immunizations through the system from 7 days to within 72 hours (3 days) of immunization administration.
- Add the following new information about the recipient that must be transmitted: the recipient's sex, gender, race, ethnicity and preferred language.
- Authorize an immunization recipient's legally authorized representative to object to the sharing of a patient's immunization information.
- Add a definition of "Authorized Recipient" to include an individual or agency that the DPH may release immunization information to for specified purposes without further consent from immunization recipients or their legal authorized representatives. An authorized recipient may not access the MIIS until they register as an authorized user.
- Authorize the Department to enter into collaborative agreements with other states for the purposes of exchanging immunization information.
Comment deadline is March 15.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.