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.
California
The Department of Health Care Services posted the following alerts, bulletins, and weekly notices on the Medi-Cal Rx Web Portal.
- Commercial Paxlovid™ Reimbursement and Update on Billing for Pharmacists Prescribing Paxlovid (January 17)
- Medi-Cal Rx Weekly Wrap-up for January 5-11 (January 12)
Also in California, the Department of Health Care Services posted the following:
- December 2023 Pharmacy Medi-Cal Update Bulletin
- January 2024 Durable Medical Equipment and Medi-Cal Update Bulletin
- January 2024 Pharmacy Medi-Cal Update Bulletin
Also in California, the Board of Pharmacy proposed modifications to the following. To view all documents associated with these proposed regulatory actions and other pending regulations, visit the board's "Pending Regulations" webpage.
- Opioid Antagonist Protocol
- Notice of Proposed Action
- Initial Statement of Reasons
- Proposed Text
- 45-day Comment Period: December 15, 2023 to January 29, 2024
- Continuing Education
- Notice of Proposed Action
- Initial Statement of Reasons
- Proposed Text
- 45-day Comment Period: December 15, 2023 to January 29, 2024
Also in California, the Board of Pharmacy posted its Annual Notice of Availability of Precedential Decisions Index.
NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board), pursuant to section 11425.60 of the Government Code, the Board maintains an index of precedential decisions, which is annually made available by the Board to the public by email subscription. To join the Board's email list, go to www.pharmacy.ca.gov. The index and the text of the precedent decisions are continuously available on the Board's website at http://www.pharmacy.ca.gov/enforcement/precedential.shtml.
Also in California, the Board of Pharmacy provided an update to licensees and interested stakeholders regarding the cultural competency continuing education (CE) requirements for pharmacists and pharmacy technicians that become effective on January 1, 2024, pursuant to Assembly Bill 2194 (Ward, Chapter 958, Statutes of 2022).
As pharmacists and pharmacy technicians seek cultural competency CE courses, the Board has received questions about acceptable courses.
Business and Professions Code (BPC) section 4231, as operative on January 1, 2024, details the criteria that a cultural competency course must meet, as follows:
- The course focuses on patients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, or queer, or who question their sexual orientation or gender identity and expression.
- The course is approved by an accreditation agency approved by the Board.
- The course covers recognized health disparities faced by Black, Indigenous, and people of color.
- The course contains elements demonstrating how sexual identity is directly impacted through intersectionality.
The Board does not endorse or recommend any specific cultural competency course. As a courtesy to licensees, however, the Board is notifying licensees of two courses that may meet the above requirements:
- California Pharmacists Association – https://cpha.com/cultural-competency-training/
- California Society of Health-System Pharmacists – – Register for Webinar Here
Finally in California, the Board of Pharmacy posted the agenda and meeting materials for the following committee meetings:
- Communication and Public Education Committee Meeting agenda and meeting materials on January 22
- Licensing Committee Meeting agenda and meeting materials on January 22
- Enforcement and Compounding Committee Meeting agenda on January 23
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Illinois
The Department of Healthcare and Family Services (HFS) is providing this update regarding buprenorphine dosing for pregnant individuals with a substance use disorder (SUD) diagnosis, who, due to growing fetus and maternal weight gain, are likely to require a higher dosage than the usual 24 mg maximum dose.
HFS is working on programming to allow a total daily dose of up to 32 mg of all buprenorphine products (monotherapy as well as combination products with naloxone) for pregnant individuals with SUD without a prior authorization, when both diagnoses (pregnancy and SUD) are noted on the prescription.
These services will be covered under both the fee-for-service (FFS) program and managed care organizations (MCOs) with a target implementation date of February 1, 2024.
Questions regarding this notice may be directed to a pharmacy consultant in the Bureau of Professional and Ancillary Services at 877-782-5565 for FFS claims, or the appropriate MCO plan.
Also in Illinois, Public Act 103-1425, which became effective January 1, 2024, requires prescriptions to be issued electronically unless one or more of a variety of exemptions are met.
Illinois Retail Merchants Association (IRMA) and the Illinois Pharmacists Association (IPhA) are being inundated with complaints from prescribers because paper prescriptions are being denied by pharmacists primarily issued by prescribers who are exempt from having to issue electronically. The complaints are primarily coming from prescribers who will not issue more than 150 prescriptions in the calendar year. In addition to that exemption, below is a summary of the exemptions under the law.
Importantly, any pharmacist who dispenses in good faith based upon a valid prescription that is not prescribed electronically may be exempt from any disciplinary action. A pharmacist is not required to ensure or be responsible for ensuring the prescriber's compliance, nor may any other entity or organization require a pharmacist to ensure the prescriber's compliance with that subsection.
IRMA and IPhA have prepared and issued detailed guidance. You are strongly encouraged to distribute or utilize this guidance to ensure pharmacy personnel are fully aware of the exemptions under this law.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
NACDS is a proud sponsor of the Indiana Pharmacy Associations' (IPA) annual Legislative Day at the Indiana State House. The advocacy event allows pharmacists, students and pharmacy technicians to educate legislators about the importance of pharmacies as a convenient, accessible community healthcare destination, as well as an opportunity to promote pharmacists and technicians as vital members of the healthcare team.
Also in Indiana, the Family and Social Services Administration's (FSSA) Indiana Health Coverage Programs (IHCP) issued Bulletin 2023181 updating billing guidance for Novavax COVID-19 vaccinations. The reimbursement is carved out of managed care benefits.
Also in Indiana, all pharmacy groups are strongly supporting SB 192, legislation that would allow pharmacists to administer all Advisory Committee on Immunization Practices (ACIP)-approved vaccines to anyone 11 years of age and older under a physician protocol.
Finally in Indiana, HB 1327, a PBM audit and transparency bill supported by the Employers Group of Indiana, was heard in the House Public Health Committee on January 16.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Iowa
The House Commerce Committee held a hearing on January 18 and recommended passage of HSB 536, related to PBMs. This study bill, proposed by the Department of Insurance and Financial Services, expands the PBM’s duty of good faith and fair dealing to pharmacies. It also prohibits retaliation by a PBM against a pharmacy for exercising its rights or remedy or in cooperation with the commissioner. Also, a PBM is prohibited from assessing, charging or collecting any form of renumeration that passes from any pharmacist, regardless of whether the pharmacist in a pharmacy network. The bill also requires a PBM to update the maximum allowable cost (MAC) list within seven days from the date of an increase of 10 percent more in the NADAC of a prescription drug on the list. Finally, it places additional reporting requirements on PBMs.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Louisiana
The Board of Pharmacy's Regulation Review Committee has posted the agenda for the January 24 meeting in Baton Rouge.
Also in Louisiana, the Department of Health's (LDH's) vendor Magellan will approve overrides for non-preferred products when the preferred product has a manufacturer shortage. Contact the Magellan Medicaid Administration help desk at (800) 424-1664 to get the override. The prescriber does not need to fill out a prior authorization. The current list of drugs with known shortages are Sabril® 500mg powder for oral solution, generic Concerta®, generic Focalin XR®, Trileptal® suspension and generic Mydayis™.
Finally in Louisiana, LDH (Department of Health) issued Bulletin 24-1 informing providers that Medicaid is updating the Medicaid Fee-For-Service (FFS) files procedure codes.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
The Legislature convened its 30-day session on January 16.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On January 16, Gov. Kathy Hochul (D) announced her current year budget proposal. The impactful sections are below:
- Streamline Medicaid Drug Cap – to streamline and remove prior triggers to enable the state to get manufacturer rebates more quickly
- Discontinue Prescriber Prevails – to eliminate prescriber prevails in Medicaid where clinical standards for approval are not met
- Pharmacy Enhancements and Integration Specialty Drug Management – to create new benchmarks for physician administered drug reimbursement similar to pharmacy reimbursement under Medicaid Fee-for-Service (FFS); part of the goal is to bring drugs that do not have a NADAC up to WAC instead of current WAC-3%. Also, it includes requirement for all Medicaid enrolled pharmacies to submit annual cost reports in a form requested by the state Department of Health (DOH).
- Reduce Coverage for Over-The-Counter (OTC) Pharmaceuticals – to enable DOH to modify the list of OTCs covered in the Medicaid program
Also in New York, NYRx, the New York Medicaid Pharmacy Benefit Program, held its regular industry call on January 17. Updates are below; however, two other conversations occurred during the call, including Pharmacy Cost Reporting proposed in the budget and Inspector General (OMIG) audit protocols regularly updated to reflect Medicaid FFS pharmacy policies, e.g., change in signature on deliveries requirement. OMIG will be joining the February Pharmacy Sector call.
- Covid-19 Oral Antivirals: DOH discussed new guidance related to billing for antivirals (Paxlovid™ and Lagevrio™).
- Covid-19 Vaccine Billing for non-VFC (Vaccines for Children) Pharmacies: DOH discussed guidance for billing non VFC and admin code to use for VFC and non-VFC which can be found here.
- 1115 Waiver: 3-year waiver approved totaling $7.5 billion through March 31, 2027.
NYRx also revised its preferred drug list, effective January 18.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
During the 2023 Legislative Session, the General Assembly passed, and the Governor signed into law, a statute making gabapentin a drug whose dispensing must be reported to the Controlled Substance Reporting System (CSRS). Gabapentin becomes reportable on March 1, 2024. The Drug Control Unit, which administers the CSRS, has created an FAQ guidance document for dispensers. Pharmacists with additional questions should contact the Drug Control Unit.
Note that based on an NC 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; see new G.S. 90-113.73(c)(1).
Also in North Carolina, on January 10, Medicaid released the following concerning pharmacy eligibility to serve as Medicaid providers. All questions should be directed to Medicaid.
Beginning in May 2021, NC Medicaid started taking additional steps, as outlined in the NCTracks Changes to Provider Verification Process bulletin, to ensure providers meet their contractual obligation to maintain their credentials on their NCTracks provider enrollment record. Multiple bulletin articles were published to notify providers of the change, and providers receive four targeted reminders prior to their suspension notification. Regardless of these efforts to inform and assist providers with this responsibility, we continue to see a fairly large number suspended, and subsequently terminated, from the NC Medicaid program due to their expired credential.
For this reason, and as part of an additional outreach effort, we are notifying NC associations when the number of provider taxonomy suspensions exceeds a defined threshold of unique providers on the report received at the end of each month.
On December 31, 2023, approximately 115 Pharmacist providers were suspended due to an expired credential. These providers have sixty days from the date of suspension to ensure that their license is renewed, and their NCTracks provider enrollment record is updated to avoid termination. Providers may update their NCTracks provider record through the Manage Change Request process. NCTracks User Guides and Fact Sheets offer basic instructions for making the necessary update and any additional questions may be referred to the NCTracks Call Center at 800-668-6696.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oklahoma
Pharmacists working in multiple locations must have their small wallet card pharmacy license, a copy of their immunization certificate and a copy of their CPR certificate available to produce to the Board’s compliance officers for inspection.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The Prescription Drug Affordability Board meeting has been rescheduled to January 26. The registration link and meeting agenda have been posted online.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
The next quarterly meeting of the Board of Pharmacy is Tuesday, February 6, at the new Barbara Jordan State office building. The agenda will be posted here when it becomes available.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
