New York
NYRx, the New York State Medicaid Pharmacy Benefit Program, announced an update to its Brand Less Than Generic program (BLTG). Advair HFA® and Advair Diskus® are subject to the NYRx BLTG. In December 2023, due to market availability issues, NYRx temporarily allowed for generic Advair HFA® and Diskus® to adjudicate without prior authorization (PA) if the brand product was not available from the pharmacy’s wholesaler. The manufacturer has confirmed that Advair HFA and Diskus supply issues have resolved, and pharmacies will be able to obtain the supply needed for their NYRx members. Effective February 28, fluticasone/salmeterol HFA and Diskus (generic Advair) will once again require PA.
Also in New York, in conformance with State Education Law, a pharmacist shall dispense a less expensive, therapeutically equivalent drug containing the same active ingredients, dosage form and strength as the drug prescribed/ordered. This includes substituting the brand name drug when NYRx has determined it to be the less expensive alternative for the patient. Brand name drugs included in this program:
- Do not require “Dispense as Written” (DAW) or “Brand Medically Necessary” on the prescription.
- Have a generic copayment.
- Are paid at the Brand Name Drug reimbursement rate or usual and customary price, whichever is lower (SMAC/FUL are not applied).
- Do not require a new prescription if the drug is removed from this program.
Also in New York, Sen. Jeremy Cooney (D) introduced a bill, S8545, that authorizes registered pharmacy technicians to administer the same immunizations as licensed pharmacists under direct supervision of such licensed pharmacist. NACDS, in conjunction with the Community Pharmacy Association of New York State, will continue to support the bill and encourage passage this session.
Finally in New York, Gov. Kathy Hochul (D) signed S8096, a bill that relates to the effective date of the self-administered hormonal contraceptive prescribing authority for pharmacists. The new law changes the effective date of the 2023 law from eighteen months from enactment to January 1, 2024.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
North Carolina Drug Control Unit issued an FAQ for dispensing professionals on reporting Gabapentin to the Controlled Substance Reporting System (CSRS) effective March 1. Pharmacists with additional questions should contact the Drug Control Unit. Note that based on a North Carolina Retail Merchants Association amendment, pharmacies are not required to report gabapentin to the CSRS when gabapentin is a component of a compounded prescription that is dispensed in dosages of 100 milligrams or less.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oregon
The Board of Pharmacy posted a revised February 21 Public Health & Pharmacy Formulary Advisory Committee (PHPFAC) meeting agenda.
Also in Oregon, in advance of its February 21 meeting to review a pre-selected list of prescription drugs deemed eligible for affordability review, NACDS submitted comments to the Prescription Drug Affordability Board to express concern with the inclusion of vaccines. Additionally, NACDS expressed concern that there may be a significant impact on the availability and accessibility of certain prescription drugs at a patient's neighborhood pharmacy through the unintended consequences of inadequate and unfair pharmacy reimbursement by some payers resulting from the establishment of Upper Payment Limit (UPL) policies.
Also in Oregon, the Prescription Drug Affordability Board posted the agenda for its next meeting on February 21. Ozempic, Trulicity and Shingrix are listed on the agenda for affordability review. Please register in advance of the meeting.
Finally in Oregon, the Prescription Drug Affordability Board is seeking applicants with a background in clinical medicine or healthcare economics to fill vacancies. The board consists of eight members appointed by the governor and confirmed by the Senate. Members participate in monthly board meetings held virtually via Zoom. The purpose of the board is to protect Oregonians from the high cost of prescription drugs. Submit applications in Workday. Learn more in this information letter.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The Department of Human Services has released the much-anticipated Medical Assistance Bulletin for the new pharmacy payment for clinical services program which will launch on March 1.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
Beginning this week, having started on February 12, the South Carolina Pharmacy Association’s Professional Affairs Task Force asks that pharmacists track how many hours worked per week for the next four weeks. A survey will be sent out at the end of those four weeks to determine how many hours they were scheduled to work, how many hours were actually worked, the time paid for and how their well-being is based on those results. Please expect the survey during the second week of March. For all questions, please email info@scrx.org.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Pharmacy technicians who have taken the American Pharmacists Association immunization certificate training program may notice that certificates are set to expire three years after course completion. The Board of Pharmacy has yet to approve rules allowing pharmacy technicians to vaccinate. Under current authority through the PREP Act, technicians must complete two hours of immunization-related continuing education in the licensing period but do not need to retake an immunization training course.
Also in Tennessee, the Department of Health (TDH) issued a news release reminding Tennesseans to "protect themselves and their loved ones against the worst symptoms of viral respiratory illnesses, from the common cold to influenza." TDH urges the public to consult trusted health providers to find the best vaccination options.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The Prescription Monitoring Program (PMP) Advisory Committee Zoom meeting is scheduled for March 28. Additional information will be posted on the website as it becomes available.
Also in Texas, the Health and Humans Services Commission (HHSC) provided information on two diabetes programs:
- Healthy Eating Active Living (HEAL) is a program at The University of Texas in Houston that educates pregnant women and women with children about living a healthier lifestyle for them and their children. Moms participate in weekly cooking classes, exercise classes, support groups and a bag filled with fresh fruits and vegetables along with healthy recipes.
- Texas Research-to-Policy Collaboration (TX RPC) project by the Michael and Susan Dell Center for Healthy Living aims to improve the health of Texans by "using Texas research, data and resources to assist legislators in developing effective health policies". TX RCP supports Texas legislators by providing state-level data and research on current health issues, and by establishing partnerships between researchers and state policymakers.
Finally in Texas, the Statewide Health Coordinating Council, appointed by Gov. Greg Abbott (R) and administratively linked to the Department of State Health Services (DSHS), will hold its next meeting on February 29 and posted its agenda.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Utah
The Board of Pharmacy posted the February 2024 newsletter with the following items:
- Required Electronic CS [Controlled Substances] Prescriptions
- What You Need to Know About the Pharmacy Technician Trainee License
- Reminder: Common Violations with Utah Pharmacy Inspections
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Virginia
Karen Shelton, MD, Virginia State Health Commissioner, distributed a clinician letter this week updating practitioners on several issues including:
- Increase in Mpox Cases in Virginia
- Stay Alert for Measles
- Doxycycline Post-Exposure Prophylaxis for Bacterial Sexually Transmitted Infection Prevention
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Washington
Several bills of interest to pharmacies passed their house of origin before the February 13 crossover deadline, and now must pass the policy committee by February 21.
- E2SSB 5213, legislation addressing PBMs' predatory practices, is scheduled for a hearing in the House Health Care and Wellness Committee (HHCWC) at 1:30 pm on February 20.
- SB 5982 updates vaccine laws to include all FDA-approved immunizations recommended by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) was heard in the HHCWC on February 14 and is scheduled for an Executive Session on February 16.
- ESB 6095, a bill that establishes clear authority for the Secretary of Health to issue standing orders, is scheduled for a hearing in the HHCWC on February 16.
Also in Washington, members interested in registering support for these bills should use this link.
Finally in Washington, the second Washington State Pharmacy Association's Pharmacy Legislative Day at the Capitol, sponsored by NACDS, is on February 19.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alabama
Members should make plans to attend this workgroup meeting either in person at the Board of Pharmacy office or virtually. The meeting will delve into Alabama Administrative Code 680-X-2-.14, which defines the roles and duties of pharmacy technicians within the healthcare system. Plan to participate in the discussion and share ideas, as this will have big implications for the profession in the state.
February 19, 2024, 6:30 pm
Alabama Board of Pharmacy
111 Village Street
Hoover, AL 35242
or virtually: https://albop.com/board-meetings/
Also in Alabama, the Alabama Pharmacy Association is currently accepting nominations for the chain designated seat on the Board of Pharmacy. Please submit nominations to Louise Jones by email at LJones@aparx.org or by fax to 334-271-5423. All nominations must include the name, place of employment and contact information for both the nominee and nominator. All nominations must be received no later than March 31.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Alaska
The Board of Pharmacy is meeting online on February 15. Anyone wanting to attend the Zoom meeting must register. Here are the agenda and public meeting packet.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
On January 30, the Senate Committee on Health and Human Services recommended SB 1085 "do pass" with a vote of 6-1. This bill would authorize pharmacists to test and initiate treatment for conditions such as influenza, COVID, strep and other respiratory illnesses and to delegate the administrative and technical tasks of performing a test to a trained member of the pharmacy staff who is under the supervision of the pharmacist. It also prohibits a health insurer from denying reimbursement for any test, screening or treatment that is within the scope of the pharmacist's license and would be covered, if otherwise performed by a physician, nurse practitioner or physician assistant.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arkansas
The Department of Finance and Administration (DFA) announced a state’s revenue surplus of $231.2 million at the end of January 2024.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
On February 6, Gov. Gavin Newsom (D) signed SB 339 (Chapter 1, Statutes of 2024), which broadens existing pharmacist authority to provide HIV prevention services and secures payment for the provision of pharmacy-provided HIV prevention services. This was the first bill of the year to be signed by the governor.
Also in California, the Department of Health Care Services posted the following alerts and weekly notice on the Medi-Cal Rx Web Portal:
- State of Emergency Override Activation: Submission Clarification Code 13 (February 8)
- Medi-Cal Rx Web Portal Prior Authorization Submission Outage (February 7)
- Error Notification: Omission of the Prior Authorization Form for Notice of Action Letters Mailed Between November 26, 2023, and December 26, 2023 (February 5)
- Rite Aid Closure in Needles, CA (February 2)
- State of Emergency Override Activation: Submission Clarification Code 13 (February 2)
- Medi-Cal Rx Weekly Wrap-up for January 26-February 1 (February 2)
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Illinois
This notice serves to inform providers that Medicaid coverage for the respiratory syncytial virus (RSV) vaccine, Abrysvo, for pregnant customers, 32-36 weeks, will end January 31, 2024, in accordance with the latest Centers for Disease Control (CDC) and Advisory Committee on Immunization Practices (ACIP) guidelines.
To prevent and protect high risk children from RSV at the tail-end of the season, coverage for monoclonal antibodies, Beyfortus (Nirsevimab) and Synagis (Palivizumab), will be continued at least until the end of February this year with plans to reevaluate RSV incidence and hospitalizations before coverage is ended.
Abrysvo or Arexvy will remain available for Medicaid customers aged 60 years and over through the pharmacy point-of-sale and medical billing without a prior authorization.
Questions regarding this notice may be directed to a pharmacy consultant in the Bureau of Professional and Ancillary Services at 877-782-5565 for fee-for-service (FFS) claims or the appropriate managed care organization (MCO).
Also in Illinois, the Department of Health and Family Services will review the following classes for the April 11 Drug and Therapeutics (D and T) Advisory Board meeting:
- Antiasthmatics-Adrenergic Combination Inhalers
- Antiasthmatics-Anticholinergic Inhalers
- Antiasthmatics-Beta Adrenergic Inhalers
- Antiasthmatics-Steroid Inhalers
All clinical and financial submissions are due to the Department by 3:00 pm CST on March 21. Submissions should be sent to: HFS.SupplementalRebaleProgram@illinois.gov.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
More than 200 pharmacists, students and pharmacy technicians participated in the Indiana Pharmacy Association's annual Legislative Day at the Capitol that NACDS sponsored. Attendees were briefed on the priority issues before their meetings with state legislators.
Also in Indiana, HB 1327 passed the House by a vote of 93-4 and was referred to the Senate for further action.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
The Department of Health (LDH) Medicaid Fee for Service (FFS) and Managed Care Organizations began reimbursing pharmacies for blood clotting factor products administered in an outpatient setting as a pharmacy benefit on February 1, 2024.
Also in Louisiana, the Board of Pharmacy's quarterly meeting is in Baton Rouge on February 20 and 21.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kentucky
This week, the House unanimously passed HB 274, a bill that would allow pharmacies to administer ACIP (Advisory Committee on Immunization Practices) vaccines to children aged 5 years and older. The bill also removes the current vaccine prescription requirement for children. The Kentucky Medical Association stood down following negotiations that raised the age from 3 years to 5 years. The bill now goes to the Senate.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
The Department of Insurance and Financial Services (DIFS) updated instructions for pharmacies to file PBM complaints on its PBM website. As a reminder, the Pharmacy Benefit Manager (PBM) Licensure and Regulation Act, PA 11 of 2022, took effect on January 1, 2024. This law introduces new licensing obligations and regulatory standards for PBMs operating in the state.
Also in Michigan: The Department of Health and Human Services (MDHHS) is soliciting comments from the public on the Michigan Medicaid Health Plan Common Formulary, which applies to pharmacy claims paid by Medicaid managed care organizations. The public may submit comments on the drugs included or not included on the Common Formulary, new drug products, prior authorization criteria, step therapy criteria and other topics related to drug coverage under the Common Formulary. Comments should be sent to formulary analyst Linda Van Camp by March 15.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
MO HealthNet, Medicaid, is conducting a survey regarding the implementation of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act's prescription drug monitoring program mandate.
Also in Missouri, pharmacy technician renewals e-mail address and address changes should be submitted to the Board by February 15. Submit either online, by fax (573-526-3464) or by email to https://pr.mo.gov/pharmacists-coa.asp. Name changes require a copy of the marriage certificate, divorce decree or driver's license.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The Department of Health and Human Services uploaded the February 7 COVID-19 Provider Meeting Recording. The next call will be held on March 6 at 12:00 noon (Central).
Join from the meeting link:
https://sonvideo.webex.com/sonvideo/j.php?MTID=mc307e2dda218d1060adfed7f454cfc16
Join by phone:
408-418-9388 (access code: 2480 661 3098 )
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New York
On February 6, the Department of Financial Services posted updated, proposed regulations on PBMs. NACDS is reviewing the regulations and will get analysis out to members as soon as possible.
Also in New York, NACDS will be participating in the Community Pharmacy Association of New York State lobby day on February 13 in Albany. On the agenda is advocacy for test and treat legislation, budget sections that impact Medicaid reporting, inspector general audit rules and other scope expansion.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
On February 1, 2024, the Board of Pharmacy proposed Notice of Text for new administrative rules concerning emergency closures of pharmacies due to staffing shortages or other issues. Please see Pages 972-973 (PDF Pages 22-23) of the North Carolina Register, Volume 38, Issue 15. The North Carolina Board of Pharmacy will hold a Public Hearing on March 12 at 9:30 am at the North Carolina Board of Pharmacy and will accept written comments until April 1. Written comments may be submitted to Jay Campbell, 6015 Farrington Rd Ste 201, Chapel Hill, NC 27517 or by email to ncboprulemaking@ncbop.org.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oklahoma
The 2nd Regular Session of the 59th Legislature convened at 12:00 noon on February 5.
For more information, contact NACDS’ Mary Staples at 817-442-1155.