Ohio
The Board of Pharmacy has issued the following communications:
- Important Dates.pdf
- Quick Reference Guide – Pharmacy Technician Trainee Registration Requirements.pdf
Also in Ohio, the Senate passed SB 144 by a vote of 30-1. This is a priority bill for pharmacy that would permanently authorized pharmacists and both certified and registered technicians to administer all vaccines to patients aged five and older. Action in the House is expected in 2024.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
The Bureau of Narcotics and Dangerous Drugs (OBN) alerted the Board of Pharmacy of the ongoing cyberattack regarding Ardent Health Services that is affecting multiple facilities in the state including Hillcrest Health System, Bailey Medical Center, and Utica Park Clinics, among others. The Board issued guidance for pharmacies that receive prescriptions for controlled substances from Ardent Health providers to continue filling the prescriptions received while continuing due diligence in confirming the prescription itself is valid and accurate, regardless of the manner or media received. This is a temporary solution to ensure prescribers can continue patient care until they can obtain OBN prescription pads.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The Board of Pharmacy announced the December 13-15 Board meeting agenda and meeting materials are now available. Please note the consideration of rules for adoption related to vaccines pursuant to the enactment of HB 2486 and HB 2278 this year.
Also in Oregon, the Prescription Drug Affordability Board posted a draft agenda for the December 13 meeting. Board calendar and materials from past meetings are also available online.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Tennessee
On December 5, Belmont University will host a free, live webinar providing a one-hour Board of Pharmacy update from 6:30-7:30 pm CT. All pharmacists and pharmacy technicians in Tennessee are welcome to register.
Also in Tennessee, TennCare recently released a notice regarding changes to the TennCare pharmacy program, specifically to the morphine milligram equivalent (MME), which will become effective January 1, 2024.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
United Supermarkets’ pharmacist Tim Purser and his wife Charity who is standing next to Gov. Gregg Abbott (R), accompanied NACDS to a Lubbock fundraiser for the Chair of the House Calendars Committee, Dustin Burrows (R).
Also in Texas, Texas Comptroller Glenn Hegar (R) announced the Opioid Abatement Fund Council (OAFC) decisions to approve up to $25 million over the next year of opioid settlement trust funds to be allocated for each grant plan strategy – the distribute Naloxone, the promotion of substance abuse and prevention by raising awareness of students in grades kindergarten through 12th , as well as their parents and caregivers, and bolstering training, recruitment and retention, and certification assistance for the behavioral health workforce. The OAFC had previously approved rules for distribution of $166.7 million of the funds to more than 150 hospital districts over 18 years. Additionally, last March $47.1 million of the Opioid Abatement funds was distributed to political subdivisions.
Also in Texas, the Board of Pharmacy adopted and proposed several new rules at their November meeting.
Also in Texas, the PMP Advisory Committee meeting will be meeting virtually December 14th.
Finally in Texas, Attorney General Ken Paxton (R) is suing Pfizer for “misrepresenting COVID-19 vaccine efficacy and conspiring to censor public discourse, arguing that Pfizer’s claim that the COVID-19 vaccine was 95% effective against infection was “highly misleading.” The lawsuit also charges that Pfizer engaged in a conspiracy to silence dissent by coordinating with social media companies to remove “truth-tellers” from their platforms.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Washington
The Department of Health’s Pharmacy Quality Assurance Commission (PQAC) filed a rulemaking inquiry to consider possible amending language on prescription transfers requested by the patient.
Also in Washington, the Health Care Authority (HCA) published a new Medicaid program integrity training for providers which includes pharmacy, COVID-related issues and general program integrity overview and activities. The information provided in this educational intervention is not intended to be a comprehensive detailed account of all legal requirements relevant to compliance with Medicaid program integrity laws and regulations and satisfies the law requiring annual training in RCW 74.09.195.
Also in Washington, the HCA updated the Prescription Drug Program Billing Guide, effective for dates of service on and after December 1, 2023. Revisions include added vaccines that can be billed through the point-of-sale pharmacy system, updated pharmacy billing information for vaccines and vaccine administration, and updated professional dispensing fee allowances for pharmacies to align with recently filed emergency rules.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alaska
The Board of Pharmacy is meeting on November 16. The agenda and public packet are available on the Board’s website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arkansas
Candidates interested in running for state and federal offices in 2024 filed for office on November 6 through 14, 2023. At the top of the ballot will be the Presidential race, then the four U.S. Congressional House of Representatives seats, plus eighteen members of the thirty-five member Arkansas Senate, all one hundred members of the Arkansas House of Representatives. The primary election date is March 5, 2024, followed by the runoff on April 2, 2024, and the general election on November 5, 2024.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Department of Health Care Services (DHCS) posted the following alerts and weekly notices on the Medi-Cal Rx Web Portal.
- Medi-Cal Rx Weekly Wrap-up for November 3-9 (November 10)
- Reinstatement Spotlight (November 10)
- Enteral Nutrition Updates to the List of Contracted Enteral Nutrition Products, Effective November 1, 2023 (November 8)
- November Provider Payment Release Date Change (November 8)
- Reminder: Reinstatement of Brand Medically Necessary Prior Authorization Request Requirements for DAW (Dispense as Written) 1 Claims (November 8)
- Deactivation of Override Code "55555" for Select Drug/Products – Medi-Cal Rx Program Integrity Update (November 3)
- Medi-Cal Rx Weekly Wrap-up for October 27-November 2 (November 3)
- Reinstatement Spotlight (November 3)
Also in California, the DHCS (Department of Health Care Services) also posted the following:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
Due to a delay in verifying the Medicaid weekly funding, provider payments will not be available until November 17. Please note that the “Payment Issue Date” on the remittance advice and all other generated information will remain the same. If you need assistance or have questions about provider payments, please contact the Provider Services Contact Center at 1-800-289-7799, option 7. This is a one-time delay with the regular weekly Thursday payment schedule. Due to the holiday falling on the regular weekly Thursday schedule, payment will be made on November 22.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Georgia
Gov. Brian P. Kemp (R) has extended the State of Emergency for Inflation, which suspended the state’s excise tax on motor and locomotive fuel. The executive order will remain in effect until 11:59 pm on November 29.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
The Family and Social Services Administration (FSSA) provided pharmacy updates approved by Drug Utilization Review Board in October.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
The Board of Pharmacy adopted a new guidance document regarding when a prescriber must request a waiver before non-electronically prescribing a controlled substance in schedule II-V that contains an opiate. While the Board’s guidance is primarily aimed at prescribers, pharmacists should be aware of their responsibilities when they receive a non-electronic prescription of a controlled substance in schedule II-V that contains an opiate.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kentucky
NACDS reminds members that as of October 16, the MedImpact vaccine administration fee was raised to $27.49 for the first dose in a vaccine series and $9.80 for each subsequent dose in a series. Currently, pharmacies are permitted to administer all vaccines to patients 9 years of age and older (including adults) by protocol. Also notable, DMS (Department for Medicaid Services) no longer requires pharmacies to enroll in VFC (Vaccines for Children) to be reimbursed for children's vaccines if the patient meets the age requirements in statute.
Also in Kentucky, Medicaid issued Provider Notice #315 regarding September P&T PDL (Preferred Drug List) changes.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
November 18 is the date for runoff election for those statewide and state legislative races. Chain pharmacies are closely watching State Rep. Barbara Frieberg (R) race in Baton Rouge, as she was our champion that fought for the immunizations bill that died in the last two hours of the legislative session that would have made the federal PREP (Public Readiness and Emergency Preparedness) Act efficiencies permanent.
Also in Louisiana, if the Louisiana Legislature wants to prevent a district court from changing its congressional map, it has until January 15 to produce a new redistricting plan, the 5th Circuit Court of Appeals ruled on November 10.
Also in Louisiana, the Board of Pharmacy's quarterly meeting was on November 15 in Baton Rouge.
Also in Louisiana, Medicaid announced that by the end of the year there will be a new Naloxone Standing Order signed by Dr. Shantel Hebert-Magee, the state's new Medicaid Chief Medical Officer, once Dr. James Hussey retires. Pharmacies need to take note for 2024 billing purposes.
Finally in Louisiana, the Single Pharmacy Benefits Manager (PBM) for Managed Care Organizations (MCO) managed by Magellan, was finally implemented on October 28. Magellan Medicaid Administration Inc. is now processing Medicaid MCO (managed care organization) pharmacy claims for all six MCOs (Managed Care Organizations) (Aetna Better Health, AmeriHealth Caritas, Healthy Blue, Humana Healthy Horizons, Louisiana Healthcare Connections and UnitedHealthcare Community Plan). The Magellan Medicaid Administration portal is live with helpful information.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Massachusetts
On November 15, the Massachusetts State Senate unanimously passed, S 2520, “An Act relative to pharmaceutical access, costs and transparency.” The bill combined several previously pending bills that NACDS had been monitoring and advocating. S 2520 includes PBM (pharmacy benefit manager) registration and reporting in addition to other efforts towards drug cost containment by the manufacturers. The bill is now sent to the House where it is pending action. The Massachusetts legislative session will continue until July 31, 2024.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Michigan
Medicaid issued proposed policy 2341 Documenting Beneficiary Consent Authorizing Automatic Refills of Prescribed Pharmacy Products for public comment.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
The Board of Pharmacy is hosting an online seminar on the Prescription Drug Monitoring Program (PDMP) at Noon on November 29. Click here to register for the online seminar.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On November 14, NYSDOH (New York State Department of Health) hosted its monthly NYRx industry call regarding the Medicaid Fee for Service program. Following agenda items were discussed:
- RSV (Respiratory Syncytial Virus) vaccination update: Discussion on recent statewide standard orders from NYSDOH including the most recently issued order for pharmacists to give RSV to pregnant individuals. These resources and others can be found at a dedicated RSV page on NYSDOH's website.
- PrEP (Pre exposure Prophylaxis) testing by pharmacies: Request was made for NYSDOH to partner in enabling pharmacies to provide such testing through needed statutory changes/authorizations.
- Pharmacy billing guidance for new generic launches: NYSDOH walked through its process to add generic coverage once a generic becomes available and after that move certain brands to this program.
- Refill period: Request made to expand refill period similar to MMC for over the counter (OTC) products (11 refills). NYSDOH discussed their policy and processes in response.
- Reminder of Pharmacists as Immunizers
- Office of Medicaid Inspector General (OMIG) update: presentation on NYS OMIG's Recipient Restriction Program and how pharmacies can fill their prescriptions including a number of limitations and additional requirements. Prescriptions cannot be transferred to other pharmacies under the program.
NYRx also published billing guidance for brand name drugs with new generic launces.
On November 15, the formal printing of the withdrawal of the PBM regulations by the Department of Financial Services was published. Within the publication are:
- Notice of Withdrawal of Rule on Definitions, Licensing of PBMs, Contracting with Network Pharmacies, Acquisition of PBMs, Consumer Protections, and Audits; and
- Notice of Adoption regarding Pharmacy Benefits Bureau; Pharmacy Benefit Manager Assessments; Filings and Other Requirements for Issuance
The New York State Board of Pharmacy held its regular meeting on November 8. Relevant to chain pharmacies, the meeting included the following:
- During the Report of the Chair: referenced the State Plan Amendment was approved in August related to Medicaid reimbursement for pharmacist authorized services within their scope, claims to be paid to pharmacies.
- During the Report of the Executive Secretary: Central Fill regulations will not be pursued based on comments received and instead plan to address within the broader context of Shared Services. The Long Acting Injectables bill is pending the Governor's action, plus new self-administered contraceptives in pharmacy law takes effect in 2024.
- Discussion on Pharmacy Workplace Issues: The Board discussed the USA Today article on recent events with pharmacy workplace issues/walkouts. The Board discussed how to promote the profession to youth/students to encourage them to go into the profession given enrollment declines, shortages, and related challenges. The Executive Secretary reported receiving requests that the Board should take up regulations to address this like regulating quotas, but noted its regulations follow statutory changes providing authority, which has not happened. One member of the board noted receiving feedback that there are pharmacist shortages, so pharmacies are being forced to close causing access issues.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Ohio
The Senate Health Committee held the third and final hearing on SB (Senate Bill) 144, sponsored by Sen. Mark Romanchuk (R). The bill would allow pharmacists and technicians to provide all ACIP (Advisory Committee on Immunization Practices) immunizations to children. Witness testimony from all three hearings has been posted on the committee page. We are cautiously optimistic the bill will be reported from the committee before the holiday break but do not expect action in the House until 2024.
Also in Ohio, the Board of Pharmacy has issued the following rule updates:
- REVISED Comments for Stakeholder Feedback – Continuous Quality Improvement and Duty to Report (Comments Due 11.30.23).pdf
- CSI – BIA – Notification of Accessible Services (Comments Due 11.27.23).pdf
- Public Hearing Labeling of Prescription Drugs 12.12.23.pdf
- 4729:2-1-01: Pharmacy Interns – definitions, filed with JCARR (Joint Committee on Agency Rule Review)
- 4729:2-2-08: Pharmacy intern change of info, filed with JCARR
- 4729:3-2-01: Registration procedures, filed with JCARR
- 4729:3-3-02: Approved pharm tech training programs, filed with JCARR
- 4729:7-3-07: Pharmacists' medication validation, filed with JCARR
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
Pursuant to “Technician Rules for Administering Immunizations [535:15-13-6.1] rules, a permitted Oklahoma pharmacy technician must have successfully completed an Accreditation Council for Pharmacy Education (ACPE) immunization training program for technicians. All technician applications submitted must include the initial training Certificate of Completion / Achievement from one of the accredited programs: APHA (American Pharmacists Association), PTCB (Pharmacy Technician Certification Board), ACA, ASHP (American Society of Hospital Pharmacists), NPTA or Purdue University.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The Board of Pharmacy posted the November 2023 Newsletter including the following headlines:
- No. 723 New Rules for Pharmacists, Interns/Preceptors, Certified Oregon Pharmacy Technicians/Pharmacy Technicians, Board Administration, and Universal Rules – Effective March 1, 2024
- No. 724 Coming Soon! Updated and New Rules Related to Short-Acting Opioid Antagonists and Immunizations
- No. 725 Rulemaking
- No. 726 Compliance: Updated Inspection Processes, Requests for Additional On-Site Inspections, and a Reminder About Prescriptions from Veterinarians
- No. 727 Licensing: How to Update Outlet Contact Information and Pharmacist Work Email in e-Gov
- No. 728 Minutes for Board-Related Meetings
Also in Oregon, the Oregon Health Authority announced the Immunization Policy Advisory Team (IPAT) will meet on December 7 and posted an agenda for this meeting.
Finally in Oregon, the Department of Consumer and Business Services will be hosting a public hearing on prescription drug prices on December 7 from 1:30 pm to 4:00 pm via Zoom.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
Medicaid plans to implement a system to reimburse pharmacies for a variety of services within their current scope of practice by the end of the first quarter of 2024. We understand these would include immunizations, counseling, and diabetes management and would apply to the Fee-For- Service and the Managed Care Program. We expect DHS (Department of Human Services) (Department of Human Services) to release a Bulletin announcing the new program in December. NACDS will provide updates as we receive them, including instructions on enrollment. NACDS has been supporting member and in-state efforts to develop the program.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Tennessee
TennCare’s updated dispensing fees took effect on November 1. TPA (Tennessee Pharmacists Association) is interested in collecting feedback on whether your pharmacy is receiving the updated dispensing fees from TennCare and other obligated payors. Please reach out to olivia@tnpharm.org with any feedback or questions
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
NACDS sponsored the Texas Federation of Drug Stores' (TFDS) Legislative Champions reception and dinner in Austin last week, honoring State Sen. Pete Flores (R) and State Rep. Four Price (R), sponsors of the immunization bill that would have made PREP Act permanent, and State Rep Stephanie Klick (R), the House Public Health Committee Chair and sponsor of our Medicaid U&C (usual & customary) bill.
Also in Texas, the Board of Pharmacy held a quarterly meeting on November 7. The new Executive Director/Secretary Danny Carroll Pharm.D., R.Ph., presided over his first Board meeting.
Also, in Texas, before the third 30-day special session adjournment, the Legislature sent Gov. Greg Abbott (R) two pieces of legislation before adjourning the third Special Session on November 7. SB 4 by Sen. Pete Flores (R) addressed border security, and HB (House Bill) 7 by Rep. Jeff Leach (R) and Sen. Mayes Middleton (R) prohibits private employers from adopting policies that require the COVID-19 vaccine as a condition of employment. The Governor is expected to sign both bills into law.
Also in Texas, immediately after the end of the third special session. Gov. Greg Abbott (R) announced a fourth special session on school choice and border security.
Also in Texas, the Health, and Human Services Commission (HHSC) published an annual report on the Prescription Drug Rebate Program for health benefit programs administered by HHSC System: Texas Medicaid Program, Children's Health Insurance Program (CHIP), Kidney Health Care (KHC) Program, Children with Special Health Care Needs (CSHCN) Services Program and the Healthy Texas Women (HTW) Program.
Also in Texas, Medicaid clarified the new policy implementing HB 916 passed earlier this year that amends Section 1369.102 of the Texas Insurance Code to require health benefit plans, including Medicaid fee-for-service and managed care, to follow certain quantity supply criteria for prescription contraceptive drugs. The Medicaid fee-for-service and managed care policy is effective January 1, 2024.
Finally in Texas, the November 7 election results:
- Texas voters approved 13 of the 14 constitutional amendments.
- State Sen. John Whitmire (D) and U.S. Congresswoman Sheila Jackson Lee (D) are headed to a December runoff in Houston's mayoral race.
- In Texas State House District 2, Jill Dutton (R) and Brent Money (R) advance to runoff for a House special election replacing expelled former state Rep. Bryan Slaton (R).
For more information, contact NACDS’ Mary Staples at 817-442-1155.