New York
Beginning April 1, the State Department of Public Health will be transitioning all Medicaid members to NYRx, the Medicaid Pharmacy Program. The Department will be having a call center available for pharmacies and Medicaid recipients. Please call 1-800-343-9000 if you experience any claims issues. The hours of operation will be Monday through Friday 7:00 am to 10:00 pm and Saturday and Sunday 8:30 am to 5:30 pm, with extended hours to 8:00 pm on April 1. The NYRx program will also be hosting calls for pharmacies regarding implementation on April 3 at 11:00 am.
The next monthly stakeholder call for NYRx will be held April 18 at 1:00 pm. This call will be a webinar about the pharmacy benefit transition. Members, providers and all interested stakeholders are welcome to attend. Registration information will be posted one week prior.
The State Assembly and Senate have both passed bill A1060A, an act relating to the self-dispensing of hormonal contraceptives. The legislation will authorize licensed pharmacists to provide contraceptives pursuant to a non-patient specific order from a physician or nurse practitioner. The legislation once signed by the Governor will take effect in 180 days.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
North Carolina
The Board of Pharmacy announced it is pursuing administrative rulemaking concerning "direct-to-patient delivery systems" for pharmacies allowing for technologies where drugs are dispensed directly to patients. The Board will host a public hearing on this issue on June 13, and written comments are due by June 16. Below is more information on this proposed rule which the North Carolina Retail Merchants Association is in the process of analyzing.
PUBLIC HEARING AND COMMENT PERIOD — JUNE 13, 2023 — ON THE FOLLOWING PROPOSED ACTIONS:
ADOPTION OF 21 NCAC 46 .1821 DIRECT-TO-PATIENT DELIVERY SYSTEMS
AMENDMENT TO 21 NCAC 46 .1616 LIMITED SERVICE PERMITS
Reason for Proposed Action:
The Board of Pharmacy proposes to adopt a rule permitting pharmacies to employ certain direct to patient systems, which are technologies that dispense drugs directly to patients. The proposed rule contains provisions to allow pharmacies to comply with the laws governing dispensing drugs, devices, or medical equipment while using these systems. The proposed rule further contains provisions that would ensure that the systems can be used safely and securely, that required records are maintained, that the home pharmacy can adequately supervise and service these systems, and that patients may use these systems while also receiving information, safeguards and counseling that they need to use their drugs, devices, and medical equipment safely. There is an accompanying proposed change to the Board of Pharmacy's limited-service permit rules to provide for permitting of systems that a pharmacy may place in a location other than the home pharmacy's facility.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oklahoma
Beginning April 1, 2023, the Oklahoma Health Care Authority (OHCA) will begin disenrollment of certain individuals that have been continuously enrolled in SoonerCare (Oklahoma Medicaid program) that no longer meet eligibility requirements. For more information, see Bulletin No. 2-2023.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
The Board of Pharmacy posted the agenda and meeting materials for the next Board Meeting scheduled for April 12-14; see additional details below. Also, please note the following agenda item:
- Div 019/020- Pharmacist Prescriptive Authority – COVID-19 Monoclonal Antibody, COVID-19 Antiviral, Continuation of Therapy including emergency refills of insulin, Contraception, PEP, PrEP, Travel Medications Protocols- #A2, A2a, A2b, A2c, A2d, A2e. See pp 47-103 (inclusive) of the PDF.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Dakota
On March 23, South Dakota Gov. Kristi Noem (R) signed HB 1135; PBM legislation including requirements for PBM licensure, prohibiting retroactive fees except in certain situations and the collection of renumeration fees, and adding criteria for drugs to be placed on the MAC list.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
Walgreens pharmacist Aimee Lusson testified at the House Public Health Committee on March 27 in support of HB 2088 by Rep. John H. Bucy III (D), on emergency insulin supply legislation.
Also in Texas, Rep. Tom Oliverson's HB 1543, legislation establishing a statewide standing order for prescribing an opioid antagonist, will be heard in the House Public Health Committee on April 3.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
Gov. Glenn Youngkin (R) signed SB 1538 into law. This bill, sponsored by Senator Pillion (R), requires the Department of Medical Assistance Services to provide reimbursement when the services provided for by the state plan for medical assistance services are services by a pharmacist, pharmacy technician or pharmacy intern (i) performed under the terms of a collaborative agreement as defined in relevant law and consistent with the terms of a managed care contractor provider contract or the state plan or (ii) related to services and treatment in accordance with relevant law. NACDS supported the efforts of the Virginia Association of Chain Drug Stores and the Virginia Pharmacists Association as it moved through the process.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
West Virginia
Gov. Jim Justice (R) signed the following priority bills into law on March 23:
- Committee Substitute SB 345, a bill that would provide legislative approval of the PBM rule pursuant to the passage of HB 4112 of 2022. Effective from passage – March 10, 2023.
- HB 2754 adopts the immunization authority from the federal PREP Act into state law. It allows both pharmacists and pharmacy technicians to administer all vaccines to patients aged three years and older and removes the long-standing prescription requirement for children. Effective from passage – March 7, 2023.
NACDS thanks our members, Bridget Lambert of the West Virginia Retailers Association, Conrad Lucas of Capitol Resources and the West Virginia Pharmacists Association for their daily engagement on getting HB 2754 across the finish line.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Wyoming
Stating cost shifting to consumers among his concerns and exercising his line-item veto authority, Gov. Mark Gordon (R) signed SF 151, legislation amending the Insurance Code to further regulate PBMs. The new law includes language that prohibits certain fees and claw backs, prohibits PBMs from restricting or limiting disclosure of information to the insurance commissioner for investigations or review of PBMs, requires contracts between PBMs and pharmacies to include a dispute resolution process, amends MAC and MAC appeals, permits refusal to fill below-cost prescriptions and provides for one-time resources for implementation and administration of this act. The Governor's veto message and the bill with the Governor's vetoes are available online.
Also in Wyoming, the Office of the Attorney General published two final rules amending the lists of Schedule I and Schedule II controlled substances in the Wyoming Controlled Substances Act of 1971, effective March 22, 2023.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alaska
The Board of Pharmacy issued Proposed Regulations relating to classifications of licensure, registration, application, license and registration renewal, notification process for changes in name, ownership or physical address of pharmacies, pharmacist-in-charge, pharmacist interns, job shadowing, security, remote pharmacy, return or exchange of drugs, automated distribution kiosks, remodeling, designated representative, drug recalls, facilities, prescription drug monitoring program, and definitions. Written comments deadline is 4:30 p.m. on April 24.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
SB 1283, legislation requiring PBMs to obtain a certificate of authority to operate and outlining the role, responsibilities and authority of the Department of Insurance and Financial Institutions, was heard in the House Regulatory Affairs Committee on March 22 where is was amended and voted (6-1) with “Do Pass Amended”.
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 notices on the Medi-Cal Rx Web Portal.
- Medi-Cal Rx Weekly Wrap-up for March 17-23 (March 24)
- Prior Authorization Submission in Advance of the Retirement of the Transition Policy – Processing Issue Resolved (March 24)
- Reinstatement Spotlight (March 24)
- Extended Duration Prior Authorizations for Maintenance Medications (March 22)
- 30-Day Countdown – Phase III, Lift 2: Retirement of the Transition Policy for Beneficiaries 22 Years of Age and Older (March 21)
- Medi-Cal Rx Weekly Wrap-up for March 10-16 (March 17)
- Reinstatement Spotlight (March 17)
- Submitting Prior Authorization Requests in Advance of Retirement of the Transition Policy (March 10)
- Reinstatement Spotlight (March 10)
Also in California, Medi-Cal posted the following:
- March 2023 Pharmacy Medi-Cal Update Bulletin (March 16)
- March 2023 Durable Medical Equipment and Medical Supplies Medi-Cal Update Bulletin (March 16)
Finally in California, the Department of Health Care Services (DHCS) has recently initiated efforts to partner with its pharmacy providers in support of a Medi-Cal redetermination initiative for beneficiary outreach, targeted for implementation in early May. DHCS is seeking pharmacies interested in participating. One example of a beneficiary outreach effort would be to affix a DHCS-provided Medicaid renewal message to all Medi-Cal beneficiary prescriptions which would include links and phone numbers to call for eligibility renewal information. If you would like to attend a meeting with DHCS to learn more about this opportunity, please submit the following information to Julie.Cheung@dhcs.ca.gov by March 31. DHCS is targeting early April to hold the first meeting which will include discussion of data-sharing.
- Name of contact to attend meeting
- Email address of contact
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
Effective April 3, HHAeXchange will be the statewide subcontractor providing electronic visit verification services (home health and personal care services) for Florida Community Care Medicaid members. If you have questions or need help, please contact Florida Community Care Provider Relations at 1- 866-962-6186. For questions or help with HHAeXchange, please contact HHAeXchange at support@hhaexchange.com or visit hhaexchange.com/info-hub/florida-smmc.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Idaho
HB 215, legislation adding enforcement language to Title 41-349 related to PBMs permitting the director [Department of Insurance] to act, issue penalties and make remedies for PBMs who violate the law in accordance with authorities in the Idaho Code, passed the House (61-9) and advanced to the Senate where it was reported out of the Senate Health and Welfare Committee with "Do Pass Recommendation".
Also in Idaho, HB 291, legislation establishing the Fair Pharmacy Audits Act and creating standards and criteria for the audit of pharmacies by PBMs or other authorized entities, passed the House (61-7-2) and advanced to the Senate where it was reported out of the Senate Health and Welfare Committee with "Do Pass Recommendation".
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Iowa
The Board of Pharmacy adopted ARC 6953C, implementing relevant provisions in 2022 Iowa Acts, HFs 771, 2573 and 2169. These amendments implement changes related to licensed nurses engaging in the practice of nursing pursuant to a pharmacist's order and the issuance of a prescription in the name of a school district to obtain a bronchodilator canister, a bronchodilator canister and spacer, or an opioid antagonist.
Also in Iowa, the Department of Health and Human Services published INFORMATION LETTER NO. 2426-MC-FFS-CVD_End of COVID-19 PHE Pharmacy Allowances that includes the following:
- Override for Early Refills/Refill Too Soon
- Days' Supply
- PBM or Program Integrity (PI) Audits
- Patient Signature
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Massachusetts
On March 22, the Massachusetts Board of Registration in Pharmacy and Department of Public Heath, in a notice, publicly reaffirmed the state’s policy that “all pharmacies located in Massachusetts and licensed by the Board must maintain a continuous, sufficient supply of all family planning medications, including mifepristone (Mifeprex® ), misoprostol (Cytotec® ), emergency contraception and contraceptive prescriptions to meet the needs of the community.”
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Missouri
The 2023 Pharmacy Practice Guide containing updated compliance tips and information on recent statutory/rule changes, including new/revised sections on Working Conditions, Technician Supervision & Expanded Technician Activities, Electronic Final Product Verification for Pharmacists, Technology-Assisted Product Verification for Interns & Technicians and Quality Assurance is currently available.
Also in Missouri, Section 338.013, RSMo, provides that all individuals who assist a pharmacist with the practice of pharmacy must be registered with the Board as a pharmacy technician, including anyone involved in the handling of a filled prescription that is not ready for sale or delivery to the patient without further packaging, bagging, or manipulation, including cashiers or delivery staff handling a filled prescription (patient vial/container, unit of use package, bubble card, etc.) that is not packaged/bagged for final sale or delivery to the patient are required to be registered as a technician.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On March 21, NACDS joined the Pharmacists Society of the State of New York (PSSNY) in a rally in support of the Medicaid transition to fee-for-service. Beginning April 1, all Medicaid members enrolled in Mainstream Managed Care will receive their prescription drugs through NYRx, the Medicaid Pharmacy Program.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Oregon
SB 1085, legislation permitting pharmacists to test and treat for certain health conditions, requiring payment for pharmacist services and allowing pharmacists to delegate to a pharmacy technician or intern to perform testing under the pharmacist's supervision, is scheduled for a hearing in the Senate Committee on Health Care on March 29. The health conditions include influenza; lice; COVID-19 or other respiratory conditions, diseases, or illnesses; skin conditions, such as athlete's foot or ringworm; streptococcus; urinary tract infection; other health conditions identified by the Oregon Health Authority as a public health emergency or other health conditions as identified by the Board of pharmacy by rule for which a patient may be tested.
Also in Oregon, the Board of Pharmacy is seeking subject matter experts to serve on a workgroup concerning Collaborative Drug Therapy Management (CDTMs) and Clinical Pharmacy Agreement (CPAs). The purpose of this workgroup is to gather information related to CDTMs and CPAs and provide input for rules to ensure patient health, safety and welfare. It is anticipated that the workgroup will provide input on development of updated rules and provide the Board with recommendations, insights, and input on proposed rules. See additional information below. If you would like to serve on the CDTM/CPA workgroup, please complete the online form by Friday April 7, 2023. Those that are selected will receive confirmation by Friday April 14, 2023.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Dakota
On March 23, Gov. Kristi Noem (R) signed HB 1135, PBM legislation including requirements for PBM licensure, prohibiting retroactive fees except in certain situations and the collection of renumeration fees and adding criteria for drugs to be placed on the MAC list.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Tennessee
TennCare has contracted with Mercer Government Human Services Consulting to conduct a professional cost of dispensing survey and a survey of acquisition cost data. Both surveys will begin on April 3 and must be submitted to Mercer no later than May 12. All network pharmacies will be required to complete the professional cost of dispensing survey; however, only select pharmacies will also be required to complete the biannual AAAC (Average Actual Acquisition Cost) survey. Please direct questions regarding the survey to Lora.Underwood@tn.gov or mercerrxpassage@mercer.com.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
To show legislators that this year pharmacies are a united front on PBM issues, NACDS submitted a support letter to the Texas House Insurance Committee on PBM ERISA reform legislation being led by the Texas Pharmacy Association and the Texas Pharmacy Business Council, HB 2021. A hearing was held on March 21.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arkansas
HB 1007, legislation establishing a statewide protocol that would allow pharmacists to diagnose and assess conditions for HIV and to dispense PrEP and PEP, passed the House by a vote of 95 to 0, and was heard in the Senate Public Health, Welfare and Labor Committee this week.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
HB 2263, the pharmacy technician vaccine administration bill, continues to advance. It was heard in the Senate Public Health and Welfare Committee on March 15th.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kentucky
SB 37 was amended in the Senate reforms the Board of Pharmacy Advisory Council to add seats for mail order, specialty, hospital, veterinary, and independent pharmacists. Subsequently, the bill was reported by the House Health Services Committee and is expected to pass the House as currently drafted. The bill began as a piece of legislation that would have re-vamped the Board of Pharmacy composition with dedicated seats for different practice settings, including PBMs and mail order. However, an agreement was reached with the sponsor to instead change the composition of the Advisory Council. The General Assembly is set to adjourn at the end of this week.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.