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’ Ben Pearlman at 617-515-2603.
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’ Ben Pearlman at 617-515-2603.
Michigan
Legislation introduced last week as HB 5435 and HB 5436 would allow pharmacists to prescribe and dispense self-administered hormonal birth control to patients. The companion bill would require insurers to reimburse pharmacies for the prescription and consultation or other ancillary services including testing. It also requires that the insurer allow the pharmacy to bill the items and services under a service code at adjudication of the prescription claim.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Minnesota
The Senate Health Committee held a hearing on SF 1176 this week. The bill would update the state’s Pharmacy Practice Act to match the PREP Act’s immunization authority for pharmacists and technicians and clarify pharmacists’ ability to order CLIA-waived tests. Although the medical community testified in opposition, the committee appeared supportive of the bill and held it over for potential inclusion in the health omnibus bill package. A recording of the hearing is available online.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Nebraska
The following bills are scheduled for hearing in the Banking, Commerce and Insurance Committee on February 27:
- LB 990: legislation banning PBMs from restricting an enrollee's ability to choose how a retail community pharmacy may dispense or deliver prescription drugs and clarifies that "reasonable terms" between PBMs and specialty pharmacies cannot exceed reporting requirements and performance requirements that are required for a nationally recognized independent accrediting organization among its various provisions.
- LB 1232: legislation banning PBMs from reimbursing pharmacists or pharmacies for a drug at a lower rate than the cost required to dispense the drug.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Mexico
On behalf of our members operating pharmacies throughout the state, NACDS sent Gov. Michelle Lujan Grisham (D) a letter regarding our concerns with HB 165 that was sent to her to be signed into law.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On February 21, NYRx, the New York State Medicaid Pharmacy Benefit Program, held its monthly pharmacy sector meeting. On the agenda were the following:
- AIDS Institute – HCV (hepatitis C virus) drugs & test to treat model.
- DOH (Department of Health) asked the following of pharmacies:
- Does your pharmacy stock hepatitis C medications? How long does it take to get in stock?
- How can we get medications in the client's hands more quickly?
- How can providers build collaborations with their local pharmacies to ensure timely access to hepatitis C medications?
- How have you worked with hepatitis C providers in your community?
- Feedback can be shared with Colleen Flanigan (colleen.flanigan@health.ny.gov)
- DOH (Department of Health) asked the following of pharmacies:
- OMIG (Office of the Medicaid Inspector General) Pharmacy Audit Protocols.
- OMIG utilizes a stakeholder process for updated regulations that includes feedback from DOH and professional associations. OMIG reviews and considers all comments that are submitted before issuing a revised protocol set.
- Bill Schwarz with OMIG added that updated protocols are in development. Feedback may be shared at information@omig.ny.gov.
- Bureau of Medical Review – Incontinence Supplies.
- Incontinence products claims have doubled since 2019 and require a valid diagnosis code that directly relates to incontinence for reimbursement.
- Incontinence products info can be found in the DMEPOS (Durable Medical Equipment, Prosthetics, Orthotics and Supplies) Procedure Manual.
- Starting in April, the DME (Durable Medical Equipment) Procedure Manual will be updated with a separate pharmacy manual. DMPOS Procedure Manual will contain everything that Managed Care Plans are still responsible for.
- Questions: OHIPMedPA@health.ny.gov (1-800-342-3005)
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Ohio
The Board of Pharmacy issued updated the Pharmacy Technician Continuing Education guidance this week.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
NACDS is closely monitoring several bills of interest to pharmacies, including SB 1541 that includes test and test for minor ailments and prescribing hormonal contraceptives, SB 1390 that would enhance the Attorney General’s enforcement powers over PBMs and SB 1670, legislation related to PBM audits and MAC pricing.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
HB 4149 (A-Engrossed), legislation related to PBM Reforms, was amended and passed the House Behavioral Health & Health Care this week. Given the amendments, Chair Rob Nosse (R) stated he will be convening a workgroup after this year's regular session and outlined issues to be addressed to advance additional PBM reforms in the state.
Also in Oregon, SB 1506 (A-Engrossed) passed the Senate and was assigned to the House Behavioral Health & Health Care Committee. It is scheduled for a Work Session on February 28. 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.
Also in Oregon, HB 4113 (A-Engrossed), legislation requiring all amounts paid by an enrollee or paid by another person on behalf of the enrollee toward the cost of a covered prescription drug be included when calculating the enrollee's contribution to an out-of-pocket maximum, deductible, copayment, coinsurance or other cost-sharing requirements, passed the House Behavioral Health & Health Care Committee.
Also in Oregon, HB 4010 (A-Engrossed), legislation that includes language specifying that the flavoring of a prescription drug is not compounding, passed the House Behavioral Health & Health Care Committee.
Finally in Oregon, the Oregon Health Authority's Immunization Policy Advisory Team will meet on March 7 via Zoom. The final agenda will be available at the meeting or via email request three days before the meeting date by contacting imm.info@odhsoha.oregon.gov. Participation via Zoom requires advance registration using this link. Those who register will receive a confirmation email with additional information. Note: this information is necessary to join the meeting.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
HB 2037, a bill to match the PREP Act’s immunization authority for pharmacists and technicians, has been introduced. It is cosponsored by a diverse group of bipartisan legislators that represent both rural and urban medically underserved areas of the state. Rep. Donna Bullock (D, Philadelphia), Majority Chair of the Children and Youth Committee, is the prime sponsor. Upon introduction, the bill was referred to her committee.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Dakota
HB 1147, legislation addressing discriminatory acts against entities participating in a 340B drug pricing program, unanimously passed the Senate Health and Human Services Committee and was deemed “certified uncontested” and placed on consent.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Tennessee
The Beacon Center of Tennessee’s newest report, “A Dose of Free Market Medicine,” compares Tennessee’s laws and regulations around pharmacists to recent reforms in other states, including Florida, Iowa, Kansas and Idaho. By enacting similar reforms, Tennessee policymakers can expand access to health care.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Utah
HB 132 (3rd Substitute), permitting pharmacists or pharmacy interns to engage in therapeutic substitution pursuant to a request or consent by a patient, passed the Senate and is eligible to be sent to Gov. Spencer Cox (R).
Also in Utah, HB 425 (1st Substitute), legislation related to PBM and health insurance reforms, passed the House Business and Labor Committee. The bill includes provisions related to pharmacy network requirements for health benefit plans, modified requirements for pharmacy audits and pharmaceutical manufacturer rebates applied at the point of sale.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
On February 28, the Board of Pharmacy will be holding its regularly scheduled meeting at 9:00 am. The agenda has been posted.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Washington
E2SSB 5213, PBM reform legislation pharmacy supports, continues to advance. The bill passed the Senate and was referred to the House Health and Wellness Committee where it passed on February 21 by a vote of 11-6.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
HB 173, legislation related to the inclusion of retail pharmacies as in-network providers, failed a vote to be introduced. In an even-numbered year, bills in Wyoming must pass a vote in order to be formally introduced.
Also in Wyoming, SF 0100, legislation related to prompt payment of clean pharmacy claims, passed the Senate Committee of the Whole (COW) on February 21.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arizona
NACDS submitted a letter to the Senate Finance and Commerce Committee in support of SB 1165, expanding PBM reforms in the state. The bill would prohibit PBMs from deploying discriminatory reimbursement practices that favor pharmacies affiliated with and under common control of the PBM over other, non-affiliated, network pharmacy providers. Additionally, the bill also includes provisions that would strengthen the state’s existing laws for audits conducted by PBMs, preventing PBMs from engaging in audit practices that penalize pharmacy providers for clerical or administrative issues on claims for covered medications that otherwise are payable.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Department of Health Care Services posted the following alerts:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
Legislation pharmacies are supporting, HB 24-1045, which includes language in Sections 7 and 8 on pharmacy treatment and payment for substance use disorders (SUDs) is scheduled for a hearing on February 20 in the House Health and Human Services Committee.
Also in Colorado, the Colorado Pharmacists Society's (CPS) Pharmacy Day at the Capitol is February 28.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Indiana
The Family and Social Services Administration's (FSSA) Health Coverage Programs (IHCP) provided pharmacy updates approved by the Drug Utilization Board.
Also in Indiana, SB 192, legislation allowing a pharmacist to administer any immunization that is recommended by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) under a drug order, a prescription or a physician protocol, died in the House Appropriations Committee. Current law restricts the types of vaccines that can be administered under a physician protocol.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
HB 2747, legislation that would allow pharmacists to provide HIV post-exposure prophylaxis (PEP), was referred to the House Committee on Health and Human Services.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kentucky
A bill that would apply many of the PBM reforms adopted in Medicaid to commercial and state employees’ plans has been introduced. SB 188 is sponsored by Sen. Max Wise (R), a longtime advocate of PBM reform. A few of the provisions included in this comprehensive bill include: a NADAC and Medicaid Dispensing Fee rate floor, anti-steering and anti-mandatory mail order language, a broad definition of specialty pharmacy and a formula to determine network adequacy.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.