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 statutes and revised regulations that took effect on January 19 are now posted on the Board’s website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
The Board of Pharmacy posted its January 2024 Newsletter. See the “Compliance Corner” for important, timely updates.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
SB 339, legislation expanding pharmacist authority to furnish preexposure prophylaxis (PrEP) and providing payment for PrEP and postexposure prophylaxis (PEP) services, passed both chambers and will be sent to Gov. Gavin Newsom (D).
Also in California, the California Pharmacists Association is sponsoring SB 966, related to PBM reform, and sponsored by Sen. Scott Wiener (D). Among the various provisions, the bill would require PBMs to obtain a license from the State Board of Pharmacy and file annual reports with the Board. The Board, in turn, will provide annual reports to the Legislature based on information submitted by PBM licensees. Also, the bill prohibits spread pricing in future contracts and includes provisions related to calculating a patient's cost sharing amount.
Finally in California, the Department of Health Care Services posted the following weekly notice on the Medi-Cal Rx Web Portal: Medi-Cal Rx Weekly Wrap-up for January 12-18.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Idaho
The Division of Career and Technical Education posted the Idaho Pharmacy Technician Critically Survey seeking input from industry representatives about what is most important for an entry-level employee to know or be able to do. The information will be used to develop program standards for high school pharmacy technician programs in the state.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Illinois
The State Veterinary Medical Association asked NACDS to remind members that veterinarians have an exemption from the state’s e-prescribing law for the next two years. Please see HB 1358/Public Act 103-0563 (Section 311.6 (b-5, 10).
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
SB 192, broad healthcare legislation that includes a provision allowing pharmacy personnel to provide any immunization recommended by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) to patients 11 years of age and older under a physician protocol, was referred to the Committee on Health and Provider Services.
Also in Indiana, NACDS sent a support letter for HB 1327, legislation that will provide transparency and audit authority needed to make PBMs accountable to the organizations that hire them. NACDS asked the Committee to reject any amendments that would allow PBMs and Third-Party Administrators to charge a "carve out fee" for not using an affiliate pharmacy owned by or invested in by a PBM or Third Party Administer.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Iowa
On January 24, the Insurance Commissioner, Doug Ommen, presented to the Senate Commerce Committee various issues including the Insurance Divisions’ work to regulate PBMs. To date, the Division has received 72,000 complaints and nearly $400,000 has been paid to pharmacies. The Division is currently pursuing additional authorities and policies via HSB 536/SSB 3079.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
MedImpact will host the First Quarter 2024 pharmacy provider online seminar on January 31 from 11:00 am- 12:00 noon. The meeting topic is "provider updates and provider Q & As." You can use one of the following options to join the online seminar:
- Webinar URL
- Entering Meeting ID In Microsoft Teams Meeting ID: 218 939 299 642
Attendee Passcode: omNFva
- Call In (audio only) 1-858-252-2734; passcode138312994# v
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
Gov. Jeff Landry (R) starts his first term with a Republican supermajority in both houses. The Governor immediately convened an 8-day special session on January 15 to address three issues – congressional redistricting, reconfiguring the Supreme Court and changing the elections system.
Also in Louisiana, the Department of Health announced that effective February 1, the clotting factor reimbursement methodology will change to an average acquisition cost per unit and a dispensing fee per unit dispensed and will be limited to pharmacy claims only.
Finally in Louisiana, the Board of Pharmacy’s Regulatory Project 2023-02 ~ Temporary Closure of Pharmacy Final Rule went into effect on January 20.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maryland
The House Health and Government Operations Committee (HGO) held an informational briefing on January 25 regarding the Department of Health's (MDH) study of establishing NADAC (National Average Drug Acquisition Cost) + Fee-for-Service dispensing fee in the Medicaid Managed Care Program. 3 Axis Advisors presented to the Committee, pointing out the elements that MDH's study did not consider that would impact patient access, costs, and pharmacy viability.
Also in Maryland, on February 1, the House Health and Government Operations Committee will hear testimony on HB 76, a priority bill for pharmacy that would allow the administration of routine childhood vaccines recommended by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) to children aged 5 years and older. Its companion bill, SB 18, is scheduled for its first hearing in the Senate Finance Committee on February 13. If any members would like to testify on the pharmacy panel at either hearing, please contact NACDS' Jill McCormack
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Massachusetts
Gov. Maura Healey (D) released her Fiscal Year 2025 budget. Included in the proposal are the following policy changes impactful to retail pharmacies:
- Authorizing pharmacies to administer injections for those persons with prescriptions for testosterone for gender affirming care and for treatment of sexually transmitted infections. This language builds on the previous expansion of pharmacist practice that authorized pharmacists to administer medications for the treatment of behavioral health conditions and substance use disorders.
- Enabling pharmacies to fill prescriptions for expedited partner therapy beyond the current authorization for Chlamydia to include other sexually transmitted infections based on national standards including the Centers for Disease Control and Prevention Sexually Transmitted Infections Treatment Guidelines.
- Increasing the maximum fill for certain classes of medication to increase access, including testosterone for gender-affirming care, stimulants for ADD (attention deficit disorder)/ADHD (attention deficit hyperactivity disorder) and medications for opioid use disorder which do not have a potential for abuse.
- Authorizing a standing order for prenatal vitamins and oral contraceptives so that federal financial participation is available for these products when pharmacies dispense them to MassHealth members and persons whose claims are paid by the Health Safety Net.
- Eliminating co-payments for persons enrolled in the Children's Medical Security Plan.
- Authorizing MassHealth to negotiate drug rebate agreements for drugs not subject to the Medicaid Drug Rebate Program such as certain non-drug products and durable medical equipment (DME).
The Governor's proposal will be considered and redrafted by the House Committee on Ways and Means over the next two months.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Missouri
The Missouri Pharmacy Association (MPA) is asking pharmacies to distribute this one-pager to educate and help facilitate action on PBM reform legislation.
Also in Missouri, the Centers for Medicare & Medicaid Services (CMS) approved the MO HealthNet Division's (MHD) application for substance use disorders (SUD) 1115 Demonstration Waiver, effective January 1, 2024.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
The short 30-day legislative session focuses primarily on the budget tax and spending bills, reconciling Gov. Michelle Lujan Grisham's (D) proposed $10.5 billion budget and lawmakers proposed $10.1 billion spending plan.
Also in New Mexico, HB 33, prescription drug transparency legislation, requires reporting to the Superintendent of Insurance (SOI) and the Legislature. Failure to comply could result in the Superintendent assessing a penalty. The bill was heard in the House Health and Human Services Committee on January 22.
Finally in New Mexico, HB 35 is legislation seeking to appropriate $1.1 million to the University of New Mexico Health Sciences Center's Office for Diversity, Equity, and Inclusion communities to develop a careers program aimed at addressing shortages in the healthcare industry in New Mexico.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
NYRx, the Medicaid Pharmacy Benefit Program, updated the preferred drug list, impacting Albuterol HFA formulations. The following are preferred in the NYRx Preferred Drug Program:
- albuterol HFA – generic ProAir® HFA (8.5 grams)
- albuterol HFA – generic Proventil® HFA (6.7 grams)
- Proventil® HFA
- Ventolin® HFA BLTG (Ventolin® HFA is subject to the Brand-Less-Than-Generic Program. The generic formulation of Ventolin® HFA, albuterol HFA (18 grams), is non-preferred and will require prior authorization.)
Effective February 7, NYRx will make the following changes to the Brand Name Drug When Less Expensive Than the Generic Program:
- Alphagan P® 0.1%, Forteo® and Votrient® will be ADDED to the program.
- Flovent® HFA and Pennsaid® pump will be REMOVED from the program.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
Medicaid has been informed that Wellcare and Carolina Complete have experienced an issue with their new PBM (Express Scripts), being set up to pay at 30 days instead of 14 days, resulting in pharmacies not being paid timely.
Payments for the first week in January are going out in the coming week. Payments for the second and third weeks will be on a 30-day cycle and will come out in mid-February, payments for the fourth week in January will also come out by mid-February. Pharmacies should be "caught up" in mid-February.
Penalties and interest will be paid in accordance with Section V. H.1.d of the NC PHP Contract. For more information, please see the Medicaid bulletin Prepaid Health Plan Interest and Penalties for Provider Claims.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oregon
The Board of Pharmacy posted the agenda and meeting materials for its February 7-9 meeting. Please note the board will meet in Executive Session immediately after roll call for most of the day on February 7 and February 8 and anticipates resuming “Open Session” between 4:30 pm and 5:00 pm on both days.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The Department of Human Services (DHS) continues to work with pharmacy stakeholders on the launch of a new program that will allow pharmacists to bill for a wide variety of clinical services, including MTM (Medication Therapy Management), immunizations and patient counseling. On February 15 from 10:00 am – 12:00 noon, DHS is hosting a pharmacists enrollment training online seminar. You must register to attend. DHS will be requiring each individual pharmacist providing billable services to enroll as a provider, even those in a chain environment. They expect enrollment to open on March 1. We expect a final Bulletin to be published in the next few days with more details about the program, billing instructions and covered services.
Also in Pennsylvania, a bill to reform PBM practices in Medicaid Managed Care and set a rate floor in the state employees' benefit program has been introduced. SB 1000, cosponsored by Senators Judy Ward (R) and Tina Tartaglione (D), has been referred to the Health and Human Services Committee for consideration. NACDS assisted in-state partners in drafting the bill and will be actively involved in advocating for its passage.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
The Department of Health and Human Services (SCDHHS) consistently offers free Healthy Connections Medicaid training to enrolled Healthy Connections Medicaid providers and their billing agents. These recurring trainings are conducted by SCDHHS' contracted vendors. Information about the upcoming February-April 2024 training is available online.
Also in South Carolina, some Healthy Connections Medicaid-enrolled providers were mailed an IRS 1099-MISC form from the Department of Health and Human Services (SCDHHS). The IRS 1099-MISC form providers received in the mail in January 2024 from SCDHHS contains an error. While the dollar amount of "Medical and health care payments" listed in block six of the IRS 1099-MISC form is correct for calendar year 2023, the form indicates it is for calendar year 2022.
Corrected forms are currently being printed and will be mailed in the next two business days. Providers should receive the replacement IRS 1099-MISC forms for 2023 within the next three to seven business days.
The incorrect form showing the 2022 date should be disregarded and not used to file taxes for the 2022 or 2023 calendar years. The error occurred while printing the forms mailed to providers. The forms with the correct calendar year were submitted to the IRS.
If you have any questions, please contact the Provider Service Center at (888) 289-0709, extension four, option one. The Provider Service Center is open Monday through Thursday from 7:30 am to 5:00 pm and Friday from 8:30 am to 5:00 pm.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
South Dakota
The Board of Pharmacy posted its January 2024 Newsletter. Items of interest include “Board Approves Policy Statement on USP Compounding Chapters” and “PharmaDrop Drug Take-Back Program.”
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
The Medicaid Vendor Drug Program (VDP) held a virtual quarterly pharmacy stakeholder meeting on January 17.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
On January 24, the Board of Pharmacy held its regularly scheduled meeting. The board welcomed new members, elected a new chair, and provided a legislative update. The next meeting is scheduled for February 28 at 9:00 am virtually via Teams.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Washington
In advance of the January 24 House Health and Wellness Committee hearing, NACDS registered in support of HB 2116, legislation expanding prescriptive authority for pharmacists. We also submitted the attached support statement for the record.
Also in Washington, the Pharmacy Quality Assurance Commission (PQAC) is scheduled to meet on February 1. The meeting materials will be available online soon.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wisconsin
On January 24, Gov. Tony Evers (D) issued a standing order to ensure BadgerCare Plus members have direct access to over–the–counter emergency contraception. The order allows BadgerCare Plus members to get OTC emergency contraception from any Wisconsin Medicaid-enrolled pharmacy under their state coverage without a prescription from their doctor and with no out-of-pocket cost to them.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Arizona
HB 2183 related to parental rights and medical records will be heard in the House Health & Human Service Committee on January 22 and is listed on the agenda. The bill entitles parents with the right to have access to any electronic portal or other health care delivery platform, including written medical records, for their minor child.
Also in Arizona, SB 1085, legislation permitting pharmacists, pursuant to a statewide written protocol, to independently order, perform and interpret CLIA-waived tests and initiate treatment to individuals three years of age and older and who test positive for influenza, Group A streptococcus pharyngitis, SARS-COV2 or any other respiratory illness, condition or disease and a condition related to an emerging or existing public health threat identified by the Department of Health Service for which a standing order rule or executive order is issued, was introduced, read for the first time and assigned to the Senate Health & Human Services Committee. The bill also permits the pharmacist to delegate the administrative and technical tasks of performing a CLIA-waived test to a trained member of the pharmacy staff who is under the supervision of the pharmacist and states a health insurer may not deny reimbursement for these services performed within the scope of the pharmacist's license and covered by the insurer if performed by a physician, nurse practitioner or physician assistance.
Also in Arizona, HB 2450, legislation adding a pharmacy technician trainee to requirements for work at a remote dispensing site pharmacy, has been introduced.
Finally in Arizona, HB 2582, legislation permitting a pharmacist to enter into a collaborative practice agreement with a certified nurse midwife or physician assistant, was introduced, read for the first time and assigned to the House Health & Human Services Committee.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.