NACDS submitted a comment letter in support of the Proposed Rule published in the State Register by the Department of Financial Services on August 16, 2023, related to Definitions, Licensing of Pharmacy Benefit Managers (PBMs), Contracting with Network Pharmacies, Acquisition of PBMs, Consumer Protections and Audits 

The Department of Health (NYSDOH (New York State Department of Health)) reported an update to the State Plan Amendment (SPA) allowing reimbursement for Medicaid covered professional services included within the pharmacist / pharmacy intern scope of practice and provided by a pharmacist / intern. For instance, once the new law on oral contraception is effective, this will apply to pharmacists dispensed oral contraception. Also, according to NYSDOH, the reimbursement will be provided to pharmacies, not to pharmacists per the New York SPA 23-0037: "This amendment proposes to allow pharmacists and pharmacy interns to provide Medicaid covered services to the limits of their scope of practice. We conducted our review of your submittal according to statutory requirements in Title XIX of the Social Security Act. This letter is to inform you that New York Medicaid SPA 23-0037 was approved on August 24, 2023, with an effective date of April 1, 2023." 

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.

Effective September 11, 2023, the State Department of Health’s NYRx, the Medicaid Pharmacy Fee-For-Service program, will provide reimbursement for qualified and enrolled pharmacies for COVID-19 vaccines and administration as approved by the FDA or authorized for emergency use. Billing codes and other guidance provided in the announcement.

Also in New York, on September 12, the State Education Department withdrew the proposed central fill pharmacy regulations. The Department and the Board of Pharmacy will convene stakeholders and restart the regulatory process. NACDS and members had been actively advocating for a change and delay in the proposed regulations, that amongst its provisions would have created a new central fill pharmacy registration class, prohibited central fill pharmacies from being open to the public, require that central fill pharmacies only prepare and fill prescriptions sent from an originating pharmacy, prohibited direct-to-patient central fill models and required the originating pharmacy to obtain consent from the patient in writing before a prescription may be prepared by a central fill pharmacy. A broad coalition of pharmacy interests are unified in opposition and pushed for support for delayed consideration. NACDS also previously submitted a letter during the public comment period.

Also in New York, on September 20, the State Department of Health held its monthly industry call for NYRx, the Medicaid fee-for-service program. The Education and Outreach team for NYRx holds virtual office hours on Tuesdays and Thursdays from 12:00 noon to 1:00 p.m. Eastern.

Finally in New York, on September 22, the State Department of Health, on behalf of NYRx, relayed to pharmacies that Medicaid patients are prohibited from paying out of pocket for covered services. The COVID vaccine is covered, and no Medicaid recipient should be asked to pay. The Department noticed that some Medicaid members were mistakenly informed that the vaccine was not covered and may have paid out of pocket. These claims should be promptly resubmitted, and the member contacted and reimbursed for all out-of-pocket costs. The State Department of Health has posted the “Medicaid Coverage Policy and Billing Guidance for the Administration of COVID-19 Vaccines.”

For more information, please contact NACDS’ Mike Sargent at 207-272-6435.