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.
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.
Also in Oregon, the Board of Pharmacy posted the agenda and meeting materials for its special board meeting on February 23.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
SB 1000, legislation to strengthen and further regulate Medicaid Managed Care PBMs was introduced by Senators Judy Ward (R) and Tina Tartaglione (D). The legislation got further momentum this week when Gov. Josh Shapiro (D) delivered his budget address and expressed the need to further regulate PBMs: "Drug companies keep raising prices, but we often don't know why, because the middlemen negotiating those drug prices between your health insurance company and drug manufacturers don't have to report enough information to the Insurance Department. Those middlemen are called Pharmacy Benefit Managers – or PBMs – and they have made record profits on the backs of Pennsylvanians. It's time to reform the operation of PBMs. We're doing our part – we need legislation to go further." NACDS assisted in-state partners in drafting the bill and is working with them to advance it.
Also in Pennsylvania, the Department of Human Services (DHS) issued MA Bulletin 01-24-03, updating the prior authorization process for opioid use disorder treatments.
Finally in Pennsylvania, the state released an urgent bulletin stating that the Pharmacy Naloxone Copay Assistance program has been suspended due to funding issues but also indicated that it is seeking a solution.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
Gov. Greg Abbott (R) announced a May 4 special election to serve the remainder of former Sen. John Whitmire's (D) term.
Also in Texas, the Pharmaceutical Initiative (TPI) Board held a meeting on February 9.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alaska
The Department of Health (DOH) contracted with Myers and Stauffer to conduct a pharmacy cost of dispensing survey to evaluate the cost of dispensing prescription medications in the state. The DOH scheduled a webinar on February 9 at 10:30 am AKST to discuss dispensing cost survey objectives and solicit feedback on the survey tool. If you are interested in participating, contact Matt Hill.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
This week, NACDS submitted a letter of support to the Senate Committee on Health and Human Services for SB 1085, authorizing 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.
California
AB 82, legislation establishing an age limit on select dietary supplements for weight loss or over-the-counter diet pills with penalties for violation, passed the Assembly. The bill also requires the Department of Public Health to develop a notice that retail establishments must post.
Also in California, NACDS submitted a letter of support to Gov. Gavin Newsom (D) urging enactment of California SB 339, which broadens existing pharmacist authority to provide HIV prevention services and secures payment for the provision of pharmacy-provided HIV prevention services.
Also in California, the Board of Pharmacy posted its agenda and meeting materials for the full board meeting on February 8. The board will discuss and potentially act on proposed rules related to the pharmacist-in-charge designation, the opioid antagonist protocol and continuing education.
Finally in California, the Department of Health Care Services posted the following alerts and monthly bulletin on the Medi-Cal Rx Web Portal.
- Upcoming Transitions for Medi-Cal Rx Applications (February 1)
- Medi-Cal Rx Monthly Bulletin for February (February 1)
- Changes to the Medi-Cal Rx Contract Drugs List (February 1)
- Changes to the Medi-Cal Rx Pharmacy Reimbursable Physician Administered Drugs (February 1)
- Updates to the Medi-Cal Rx Provider Manual (February 1)
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Connecticut
The Commission of Pharmacy held its regular monthly meeting on January 31. Several licenses and disciplinary actions were considered; no policy decisions were on the agenda.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Delaware
On January 31, the Board of Pharmacy held its regular monthly meeting. The Board continued the following unfinished business from last year:
- Pharmacists Dispensing and Administering Contraceptives Regulation Draft Update
- Pharmacists Well-Being Index
- Board of Pharmacy Act Revisions
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Hawaii
On January 31, the House Committee on Health and Homelessness recommended that HB 2553, legislation relate to expansion of pharmacist immunization authority, be passed with amendments by a vote of 7-1. The bill would also expand the authority of pharmacy interns and technicians under the supervision of a pharmacist to administer vaccinations.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Illinois
The Department of Healthcare and Family Services (HFS) submitted a State Plan Amendment (SPA) to the Centers for Medicare & Medicaid Services (CMS) to change the methodology by which HFS will reimburse providers for costs associated with the administration of the COVID-19 vaccine.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Louisiana
The next PBM Monitoring Advisory Council meeting, on which NACDS has a designated seat in statute, will be meeting on February 7 at 10:30 am at the Department of Insurance offices in Baton Rouge.
Also in Louisiana, the Prescription Monitoring Program (PMP) Advisory Council, on which NACDS has a designated seat in statute, will be meeting February 7 at 1:30 pm at the Board of Pharmacy office.
Finally in Louisiana, the Medicaid Fee for Service (FFS) Pharmacy Program and Managed Care Organizations (MCOs) updated the reimbursement methodology for clotting factor products effective on February 1.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maine
The state legislature held two work sessions on LD 1829, An Act to Reduce Prescription Drug Costs by Requiring Reference-based Pricing. The measure attempts to prohibit the dispensing, delivery or administration of a prescription drug at a cost that exceeds the maximum fair price during the price applicability period. The bill also attempts to prohibit insurers from purchasing or seeking reimbursement for referenced drugs at a cost higher than the maximum fair price. Lastly, LD 1829 attempts to prohibit retail pharmacies from purchasing or seeking reimbursement for referenced drugs dispensed to a consumer whose health care is provided by an insurer at a cost exceeding the maximum fair price. The bill is still pending before the Committee on Health Coverage, Insurance and Financial Services. NACDS joined other industry groups in a letter of concern with opposition to several aspects of the bill.
Also in Maine, on February 1, the Board of Pharmacy held its regularly scheduled meeting.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Massachusetts
On February 1, the Massachusetts Board of Pharmacy held its regularly scheduled meeting. Two actions were taken by the board:
- A proposed change to 247 CMR 3.00 will create two different licensing categories for pharmacy technicians. This proposed change is designed to attract more individuals to serve as pharmacy technicians. Once approved, the new regulations will create a Pharmacy Technician 1 (PT1) and a Pharmacy Technician 2 (PT2). The new PT1 applies to persons 16 years of age or older, is of good moral character, and has a high school education or are enrolled in a program that awards that degree or certificate. The PT1 can be licensed by the Board if they meet those qualifications. The PT1 will not be required to participate in a training program, complete a minimum hours on-the-job-training or pass a certification exam. The requirements for PT2 mirror the current regulations the licensing of pharmacy technicians. This proposed regulation must be reviewed and approved by the Governor's office. After the Governor's approval, a public hearing will be held to receive public comments.
- A new policy on non-sterile compounding that provides some exemptions to the current USP (United States Pharmacopeia) mandate was also acted upon.
Also in Massachusetts, MassHealth provided an update to the pharmacy benefit concerning obesity drugs. To maximize the state's ability to collect drug rebates on the following drugs, the Executive Office of Health and Human Services, which oversees MassHealth, is directing Managed Care Entities to not pay for the following drugs if the provider uses 340B stock: Saxenda® (liraglutide), Victoza® (liraglutide), Ozempic® (semaglutide), Rybelsus® (semaglutide), Wegovy® (semaglutide), Mounjaro® (tirzepatide) and Zepbound® (tirzepatide)
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Michigan
The Department of Health and Human Services announced that effective December 22, 2023, Blue Cross Blue Shield of Michigan (BCBSM) is no longer a clearinghouse for Medicaid. Beginning February 2024, BCBS will no longer receive the 835/Electronic Remittance Advice (ERA). Providers who currently have BCBS associated and authorized as a billing agent in their CHAMPS provider enrollment information will need to update or modify their enrollment. To continue to receive the 835, providers will need to update their authorized billing agent in CHAMPS. For questions or assistance please
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
MO HealthNet (MHD) issued Bulletin 46-38 announcing that due to the decrease in the Pharmacy Reimbursement Allowance (Pharmacy Tax), the adjustment to account for the Medicaid-reimbursed prescriptions was decreased effective January 1, 2024. In-state pharmacy providers receive a professional dispensing fee of $12.22, plus an adjustment to account for the cost of the Missouri Pharmacy Reimbursement Allowance attributable to Medicaid-reimbursed prescriptions. The professional dispensing fee plus the current adjusted amount will total $12.65. Out-of-state pharmacy providers continue to receive a professional dispensing fee of $8.85. Long-term care pharmacy providers supplying covered drugs to participants in long-term care facilities continue to receive an additional $0.50 dispensing fee.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
A new “Opioid Crisis and Pain Management ECHO” program for health professionals aimed at providing information on the safe use of opioids, the risks of opioid overdose and proper pain management will launch on February 8.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
