Oregon
The Board of Pharmacy posted an agenda for the Compounding Workgroup meeting scheduled to be held on June 20. See link below
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
Less than a day after Gov. Greg Abbott (R) convened special session #1, the House passed bills on property tax relief and migrant smuggling, then adjourned and went home. The House move appears to be an effort to force the Senate to accept the House bills. Both the Governor and Lt. Governor campaigned on the promise of using some of the state’s $32.7 billion surplus to lower property taxes, but they differ on how to dole out $12.3 billion in new money set aside for property tax cuts in the upcoming two-year state budget. House Speaker Dade Phelan (R) and Lt. Gov. Dan Patrick (R) have been at odds over how to cut property taxes all year; now Gov. Abbott has sided with the House. Lt. Gov. Patrick is keeping the Senate in special session working on a property tax bill. We expect additional special sessions to address property tax relief and other leadership priority issues that were not addressed during the regular session that ended on May 29.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
The Board of Pharmacy has released the agenda for the June 13 meeting.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Washington
The Pharmacy Quality Assurance Commission’s (PQAC) accessible labeling rules workshop is scheduled for June 15 from 5:00-7:00 p.m. PDT. PQAC prepared draft rules for review and feedback prior to the meeting. Written comments should be submitted to PharmacyRules@doh.wa.gov no later than close of business on June 12. Verbal comments will be accepted at the rules workshop.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
The Board of Pharmacy's emergency rule permitting a pharmacist to delegate the administration of a vaccine to a trained pharmacy technician while under the supervision of the pharmacist was published with an effective date of May 4, 2023, in the "Arizona Administrative Register"; see pages 1196 through 1201. Also, note the inclusion of special continuing education requirements for technicians administering vaccines.
Also in Arizona, NACDS submitted comment letters to the Board of Pharmacy in support of the following proposed rules:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Department of Health Care Services (DHCS) posted the following alerts and weekly wrap-ups on the Medi-Cal Rx Web Portal:
- Updates to the List of Contracted Personal Blood Pressure Monitoring Devices and Blood Pressure Cuffs, Effective July 1, 2023 and October 1, 2023 (June 1)
- Updates to the List of Contracted Enteral Nutrition Products, Effective July 1, 2023 and October 1, 2023 (June 1)
- Medical Supplies Update: Updates to Diabetic Blood Glucose Test Strips and Lancets Quantity Limits, Effective July 1, 2023 (June 1)
- Updates to Diabetic Testing Supplies, Effective July 1, 2023 (June 1)
- Updates to Medical Supplies: Basal Thermometers, Effective July 1, 2023 (June 1)
- Maximum Allowable Ingredient Cost 30-day Pharmacy Provider Notice (June 1)
- Medi-Cal Rx Monthly Bulletin for June (June 1)
- Changes to the Contract Drugs List (June 1)
- Changes to Contract Drugs List – Over-the-Counter Drugs (June 1)
- Changes to Family PACT Pharmacy Formulary (June 1)
- Updates to the Medi-Cal Rx Provider Manual (June 1)
- Pharmacy Locator Tool – Enhanced Functionality (May 26)
- Medi-Cal Rx Weekly Wrap-up for May 19-25 (May 26)
- Reinstatement Spotlight (May 26)
- Emergency Fill for Unbreakable Packages (May 24)
- 30-day Countdown – Phase III, Lift 4: Retirement of the Transition Policy for Beneficiaries 22 Years of Age and Older (May 23)
Also in California, Medi-Cal published this PHE Update for Who May Prescribe Home Health Services, DME and Medical Supplies (May 19).
Also in California, the Department of Health Care Services announced this Medi-Cal Rx Update.
On May 19, Medi-Cal Rx Reinstatement Phase III, Lift 3 was successfully launched. On May 23, a 30-day notification for Phase III, Lift 4: Retirement of the Transition Policy for Beneficiaries 22 Years of Age and Older was released, notifying stakeholders that on June 23, 2023, Phase III, Lift 4 (P3/L4) will be implemented, lifting the Transition Policy for 46 Standard Therapeutic Classes. This is the fourth in a series of lifts to retire the Transition Policy by reinstating NCPDP Reject Code 75 – Prior Authorization Required.
Also in California, as part of the Board of Pharmacy's April 2023 Board Meeting, the Board approved a policy statement related to digital signatures.
Finally, the Board of Pharmacy posted the agenda for the Medication Error Reduction and Workforce Ad Hoc Committee Meeting scheduled for June 7.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
The Board of Pharmacy is soliciting written comments to implement Colorado House Bill 23-1195, a bill regarding automated pharmacy dispensing systems, which was signed into law by Gov. Jared Polis (D). The Board will hold a Permanent and Emergency Rulemaking Hearing July 20 to determine whether to adopt the proposed revisions to Rule 5.00.00 on a permanent and emergency basis. Email comments by June 9 to dora_dpo_rulemaking@state.co.us.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Illinois
After the release of the Illinois State Auditor’s report on PBMs, language from Senate Bill 757, PBM Audit Reform, which was stalled in the House, was included in Senate Bill 1298, the Medicaid Omnibus bill which has now passed both Chambers and is on the way to Gov. J.B. Pritzker’s (D) desk for signature.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
The Board of Pharmacy adopted and amended the following rules effective July 5, 2023:
- ARC 7025C – Chapter 10, "Controlled Substances": authorizing the board, on a case-by-case basis, to issue a CSA registration to a business location when it would be impractical to require each individual practitioner who administers or dispenses controlled substances to separately register at the location (e.g., ambulatory surgical centers, standalone clinics associated with a hospital system)
- ARC 7026C – Chapter 10, "Controlled Substances," and Chapter 12, "Precursor Substances": temporarily adding four substances to Schedule I, excluding one substance from Schedule II and adding one precursor substance to the Iowa CSA in response to similar action taken by the federal DEA
- ARC 7027C – Chapter 33, "Military Service and Veteran Reciprocity": implementing the licensure-related provisions of 2022 Iowa Acts, Senate File 2383, revising the requirements and parameters of licensure for veterans and active-duty military spouses
Also in Iowa, the Department of Health and Human Services published the following:
- INFORMATIONAL LETTER NO 2466-MC-FFS – Specialty Drug Administration – Alternative Site of Care (SOC)
- INFORMATIONAL LETTER NO 2464-MC-FFS – Resuming the Iowa Health and Wellness Plan (IHAWP) Healthy Behaviors Program Following the COVID-19 Public Health Emergency (PHE)
- INFORMATIONAL LETTER NO 2462-MD-FFS – COVID-19 Public Health Emergency (PHE Unwind – Provider Enrollment Renewal Flexibilities
- INFORMATIONAL LETTER NO 2450-MC-FFS – Public Health Emergency (PHE) Unwind Training for Providers
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
The Kentucky Pharmacists Association (KPhA) is seeking Kentucky-licensed pharmacists to serve on the newly formed Board of Pharmacy Advisory Council. KPhA is responsible for appointing five of the nine pharmacist members on the council as outlined below:
- Two pharmacists appointed by the Kentucky Pharmacists Association;
- One pharmacist who practices or specializes primarily in a mail-order pharmacy appointed by the Kentucky Pharmacists Association;
- One pharmacist who practices or specializes primarily in a veterinary pharmacist appointed by the Kentucky Pharmacists Association
- One pharmacist who practices in a specialized pharmacy that solely or mostly provides medication to persons living with serious health conditions requiring complex therapies, appointed by the Kentucky Pharmacists Association.
Click here for further information or to apply.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
HB 471, by Rep. Barbara Freiberg (R) allowing pharmacists, pharmacy interns supervised by a pharmacist, and licensed technicians supervised by a pharmacist to administer immunizations to individuals seven years old or older, passed the Senate Health and Welfare Committee on May 31 without amendments by a 5-2 favorable vote, and is now pending Senate floor action for a final vote. Pharmacies need to contact state senators in their community and urge a YES vote on the Senate floor. The legislature is scheduled to adjourn on June 8.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Massachusetts
The Board of Pharmacy issued two notices after its May 31 board meeting. In regard to scope of practice, the first order pertains to immunizations and injections as well as from new policy 2023-08. The second order issues a new policy that consolidates previous stocking allowance orders.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Michigan
The Board of Pharmacy published a final rule on Central Fill Pharmacies, effective May 19, 2023.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Minnesota
As the 2023 legislative session came to a close, Gov. Tim Walz (D) signed session law Chapter 70 (SF 2995). The legislation requires Medicaid to conduct a feasibility study and implementation plan for carving the prescription drug benefit out of managed care and into Fee-For-Service. The study is due to the General Assembly by January 15, 2026.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Nebraska
The Department of Health and Human Services is accepting applications for Pandemic Electronic Benefits Transfer (P-EBT) benefits for homeschooled and fully virtual school-age students (K-12); application deadline is June 22. Through P-EBT, eligible school children receive temporary emergency nutrition benefits loaded on EBT cards that are used to purchase food. All benefits for homeschooled students and fully virtual students will be issued on August 15, 2023, for the 2022-2023 school year.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New York
The State Department of Financial Services posted its proposed rulemaking for Pharmacy Benefit Managers regulation on May 24, 2023. The purpose is to establish rules for PBMs regarding assessments, license requirements, reporting and record keeping and to clarify definitions. Public comments are due 60 days from when this was published.
The NYRx Medicaid Pharmacy Benefit transition announced this week a 30-day countdown for transition fills. As you know, as of April 1, 2023, Medicaid members enrolled in mainstream Managed Care (MC) plans, Health and Recovery Plans (HARPs) and HIV-Special Needs (SNPs) began receiving their pharmacy benefits through NYRx, the Medicaid Pharmacy Program.
To ensure a smooth transition for members, NYRx instituted a transition fill period from April 1, 2023, to June 30, 2023. During the transition period, members were provided a one-time transition fill for up to a 30-day supply of a drug that would normally require prior authorization (PA) under the NYRx Preferred Drug Program (PDP). The one-time transition fill does not mean that a PA will not be required for future fills. Beginning on July 1, 2023, all claims will be subject to NYRx pharmacy program criteria listed on the NYRx PDL.
PAs issued by Medicaid Managed Care plans prior to April 1, 2023 (that are active/valid after April 1, 2023) will continue to be honored by NYRx. This includes clinical PAs that may also require PA under NYRx. The state encourages members to continue to use the portal and call with any issues. The upcoming change of note is starting July 1, 2023; all claims will require a prior authorization via the IVR/Portal System (with some exceptions).
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Ohio
The Department of Medicaid (ODM) announced that on July 1, 2023, they will transition pharmacy benefits for Medicaid Fee-for-Service (FFS) enrollees to Gainwell, their single pharmacy benefits manager (SPBM). This transition consolidates oversight of Medicaid pharmacy benefits for managed care and FFS members, giving prescribers and providers one vendor to work with regardless of how their patients are enrolled in Medicaid. Beginning July 1, Medicaid FFS prescribers and pharmacies will route claims to Gainwell's new BIN 024251 and PCN OHRXPFFS. This information will be included on the new FFS member ID cards, but they will retain their current member ID numbers. The Pharmacy Reference Guide and Payer Sheet has been updated to reflect the changes. For questions about the transition, please email MedicaidSPBM@medicaid.ohio.gov
Also in Ohio, the Board of Pharmacy's final rule on pharmacists' immunizations authority was published, effective June 1. The rule reflects the passage of HB 6 of 2021 (134th GA). It updates the state's current practice to permit pharmacists to administer: Flu and COVID vaccines by protocol or vaccines for "any other disease" with a prescription to patients aged 7 years and older; and "any disease" under a protocol. Further regulations concerning technician and intern vaccines required under HB 6 are still in the rulemaking process. NACDS continues to work with our in-state partners and the Legislature to pass legislation to bring pharmacy immunization authority in line with the PREP (Public Readiness and Emergency Preparedness) Act.
Finally in Ohio, on May 24 the Board of Pharmacy posted numerous guidance documents regarding pharmacy technician and technician trainee registration, reciprocity and training programs. To view the documents please go to Pharmacy.Ohio.Gov.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
With two-thirds support in both houses, on May 17, lawmakers, not Gov. Kevin Stitt (R) called a special legislative session to get more time to finalize the state's $12.8 billion budget for the upcoming fiscal year and to ensure that they get the final say on any bills they pass. The special session ran concurrently with the regular legislative session that adjourned sine die on May 26. The special session gives lawmakers the ability to come back in June if they need to override any of Gov. Kevin Stitt's vetoes on budget bills or related pieces of legislation.
The legislature officially adjourned the regular session on May 26. Prior to adjournment, lawmakers overrode 13 bills that Gov. Kevin Stitt's (R) vetoed, including HB 1843, legislation that moves the enforcement authority over PBMs from the Insurance Commissioner to the Attorney General, effective November 1, 2023.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The June 7-9, 2023 Board of Pharmacy Meeting agenda and meeting materials are now available. Additional meeting materials may be added to the agenda prior to the board meeting. Visit the board website for current meeting materials.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The Department of Human Services published the following bulletins:
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Rhode Island
The June 2023 provider update can be found here. Previous issues can be found on the EOHHS [Executive Office of Health & Human Services] website at the provided link above.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
To assist prescribers and providers, prior authorization (PA) requirements can be bypassed for certain medications when specific medical conditions exist. Those specific medications and diagnoses can be found here. Prescribers are encouraged to include the applicable diagnosis code on written prescriptions for inclusion on the electronic pharmacy claim. The submitted claim should include a Diagnosis Code Qualifier (Field # 492-WE) of "02," indicating ICD-10, as well as the appropriate Diagnosis Code (Field # 424-DO). We encourage you to review this information thoroughly and contact the OptumRx Pharmacy Supports Center at 866-434-5520 or tnrxeducation@optum.com should you have questions.
Also in Tennessee, TennCare is continuing the process of reviewing all covered drug classes. Changes to the PDL may occur as new classes are reviewed, and previously reviewed classes are revisited. As a result of these changes, some medications your patients are now taking may be considered non-preferred agents in the future. Please inform your patients who are on these medications that switching to preferred products will decrease delays in receiving their medications. We encourage you to read this notice thoroughly and contact OptumRx's Pharmacy Support Center (866-434-5520) or tnrxeducation@optum.com should you have additional questions. For more details on Clinical Criteria, please visit https://www.optumrx.com/oe_tenncare/landing.
Finally in Tennessee, effective July 1, 2023, TennCare members will be able to obtain Continuous Glucose Monitors (CGMs) and supplies from their local in network retail pharmacy. This new coverage pathway will not affect coverage under the medical plan. This update allows TennCare members to access CGMs and related supplies through either their pharmacy OR medical program. Under this new coverage pathway, prescriptions for CGMs and maintenance supplies may be sent to your patient's in-network pharmacy of choice. We encourage you to read this notice thoroughly and contact OptumRx's Pharmacy Support Center (866-434-5520) or tnrxeducation@optum.com should you have additional questions.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The legislature adjourned sine die at 6:00 p.m. on May 29. Prior to adjournment, the Senate and the House finalized the $321.3 billion state budget for the two-year cycle beginning on September 1, 2023. They also passed and sent Gov. Greg Abbott (R) several bills of interest to pharmacies, including:
- HB 25, creates the Canadian Wholesale Prescription Drug Importation Act to provide lower cost prescription drugs for consumers;
- HB 4990, establishes the Texas Pharmaceutical Initiative governing board and advisory council, a Texas State PBM;
- HB 1283, retains the single Medicaid managed care organizations formulary and preferred drug list;
- SB 2173 requires the Texas State Board of Pharmacy (TSBP) to develop and implement a prescription drug safe disposal pilot program.
Also in Texas, unfortunately on day 138 of the 140-day Texas legislative session, HB 1105, the PREP Act permanent immunization legislation that passed both houses with more than a 2/3's vote, died at midnight because Sen. Lois Kolkhorst (R) refused to appoint Senate conferees to negotiate with House conferees on the anti-COVID mandate amendments the Senator added to the bill before it passed the Senate on May 23.
Finally in Texas, on May 24, the House General Investigating Committee released information regarding its investigation of Attorney General Ken Paxton (R). Paxton had met with legislators early in session requesting $3.3 million of taxpayer's money in the state budget to settle a lawsuit between the Attorney General and former staff members. The lawsuit revealed the four former executives were fired in retaliation for reporting the Attorney General to authorities which violated the Texas Whistleblower Act. On May 27, the full House debated HR 2377, the 20 articles of impeachment. The resolution passed with a vote of 121 to 23 and was delivered to the Senate where the trial will begin by August 28. Gov. Greg Abbott (R) appointed John Scott to serve as the short-term interim Attorney General until a decision in the impeachment trial is reached.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
The Board of Pharmacy adopted the following emergency rules effective April 14, 2023.
Also in Wyoming, the Board of Pharmacy announced a Notice of Intent to Adopt Rules impacting the following chapters. Comments may be submitted to bop@wyo.gov by June 21, 2023.
- Chapter 3: Pharmacy Internship Regulations
- Chapter 6: Continuing Professional Education Regulations
- Chapter 16: Immunization Regulations
- Chapter 18: Prescribing by Pharmacists
Finally in Wyoming, the Board of Pharmacy adopted the following rules effective May 24, 2023:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alaska
The Legislature adjourned on May 17. On the last day, legislation promoted by the Alaska Pharmacists Association (AKPhA), CS HB 112 by pharmacist Rep. Justin Ruffridge (R), passed. The bill streamlines the pharmacy practice statutes, including provisions to increase access to epinephrine auto-injectors and medication delivery devices for anaphylaxis emergencies.
For more information, contact NACDS’ Mary Staples at 817-442-1155.