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Oregon

The Oregon Health Authority issued a meeting notice for the Immunization Policy Advisory Team on June 1 from 12:00 noon to 2:00 p.m. The meeting will be conducted via Zoom and requires registration in advance using this link. Registrants will receive a confirmation email with additional information to join the meeting. The draft agenda appears below and the final agenda will be available by sending an email request to imm.info@oha.oregon.gov three days before the meeting date. It will also be available during the Zoom meeting. See additional details in the notice below.  

Agenda: Draft items include: 

  • Public comment  
  • Athletes and COVID-19 vaccine 
  • Immunization uptake 
  • Data analysis – small numbers policy 
  • 2022 population-based rates for 2-year-olds 
  • 2023 school immunization update 
  • COVID-19 vaccine and therapeutics commercialization
  • COVID-19 vaccine updates 

Also in Oregon, the Oregon Health Authority published a Notice of Proposed Rule Making amending Prior Authorization Approval Criteria Guide & Preferred Drug List DUR/P&T Actions. Written comments may be sent to hsd.rule@odhsoha.state.or.us no later than 5:00 p.m. on June 21.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

May 5, 2023|Oregon|

Texas

HB 1105 by Rep. Four Price (R), legislation that lowers the age to three years and up for pharmacists, pharmacist interns and certified pharmacy technicians to administer all vaccines and immunizations without a patient specific prescription or medical order, was approved on the full House second reading on May 4th by a vote of 113 to 28. The bill is up for third reading on April 5th. 

Also in Texas, HB 4990, Rep. Greg Bonnen's (R) Texas Pharmaceutical Initiative, establishing a state PBM aimed at lowering costs and providing access to prescription drugs and other medical supplies for state employees, dependents and retirees of public higher education systems and institutions, Employees Retirement System members, Teacher Retirement System members, persons confined by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department, recipients of Medicaid, and enrollees of the Children's Health Insurance Program. It was amended in the House and passed on May 2 by a vote of 128-12-1. The companion bill filed by Sen. Lois Kolkhorst (R) was heard in the Senate Health and Human Services Committee that she chairs on April 19 and was left pending. 

Finally in Texas, HB 1283, legislation NACDS supports that would maintain the single formulary and preferred drug list for Medicaid, passed the House on May 3rd by a vote of 146-0. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

May 5, 2023|Texas|

Washington

The legislature adjourned on April 23 after failing to approve a controversial bill setting drug possession penalties. This week, Gov. Jay Inslee (D) announced that he will be calling a special session on May 16 to pass legislation on drug possession and reform.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

May 5, 2023|Washington|

Arizona

On April 18, Gov. Katie Hobbs (D) signed SB (Senate Bill) 1382 (Chapter 74), 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. 

Also in Arizona, the Board of Pharmacy scheduled Oral Proceeding/Public Comment RE: Prescribing a Self-Administered Hormonal Contraceptive on May 16 from 9:00 a.m.-10:00 a.m. 

Finally in Arizona, the Board of Pharmacy Oral Proceeding/Public Comment RE: Technician Immunization Authority on May 22 at 9:00 a.m. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Arizona|

California

The Department of Health Care Services (DHCS) posted the following alerts, weekly notices, and monthly bulletin on the Medi-Cal Rx Web Portal:  

Also in California, Medi-Cal posted the following:    

Also in California, the Board of Pharmacy posted the agenda and meeting materials for the Standard of Care Ad Hoc Committee meeting on May 3. 

Finally in California, the Board of Pharmacy is accepting written comments on the following: 

  • Title 16 CCR § 1715.1 – Self-Assessment of an Automated Drug Delivery System 
  • Title 16 CCR § 1706.6 – Temporary Licenses for Military Spouses/Domestic Partners 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|California|

Colorado

Legislation NACDS supports that would establish a registration process for PBMs and give the Insurance Commissioner authority to deny or revoke registration if the PBM violates laws or does not follow the prescribed process. Additionally, the bill would add maximum allowable cost (MAC) pricing protections, including specific provisions related to the appeals process. The bill passed the House and is pending in the Senate. (CO23-HB1227) 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

April 28, 2023|Colorado|

Idaho

On March 31, Gov. Brad Little (R) signed HB 215 (Session Law Chapter 232, effective July 1, 2023), legislation adding enforcement language to Title 41-349 related maximum allowable cost (MAC). The new law permits 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.  

Also in Idaho, on March 31, Gov. Brad Little (R) signed HB 291 (Session Law Chapter 233, effective July 1, 2023), legislation establishing the Fair Pharmacy Audits Act and creating standards and criteria for the audit of pharmacies by PBMs or other authorized entities.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Idaho|

Indiana

Legislation authorizing pharmacists to prescribe hormonal contraception passed both houses and was sent to Gov. Eric Holcomb (R) to be signed into law. (HB 1568)

For more information, contact NACDS’ Mary Staples at 817-442-1155.

April 28, 2023|Indiana|

Iowa

The Iowa Pharmacy Association, in coordination with the Iowa Medical Society (IMS), Iowa Department of Health and Human Services (HHS), Iowa Hospital Association (IHA), and the Iowa Primary Care Association (Iowa PCA), leads the Iowa Healthcare Workforce Strategic Planning and Stakeholder Engagement Initiative.

Iowa communities are facing challenges recruiting and retaining across the healthcare workforce population. These partner organizations are working together to assess and evaluate the current landscape and future of the healthcare workforce in Iowa. From these meetings, the statewide action plan will evolve to address current workforce challenges and opportunities.

Over the next few months, regional meetings will be held across the state. All locations will have two sessions available in the day (either 9:00 am – 11:00 am or 1:00 pm – 3:00pm). Click the following links to register.

Upcoming regional townhall meetings: 
Des Moines on Friday, April 28th
Waterloo on Wednesday, May 10th  

Also in Iowa, the Department of Health and Human Services published the following:  

 Finally in Iowa, the Board of Pharmacy posted the agenda and related materials for its May 2 meeting. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Iowa|

Kentucky

Pharmacies can now bill Medicaid for vaccines administered to children enrolled in the Medicaid program, regardless of the pharmacy’s participation in the Vaccines for Children (VFC) program. The change is a result of a rule recently adopted and effective as of March 9, 2023. The rule revised the VFC program regulatory requirements by deleting the language in Section 2 of 907 KAR 1:680 that had previously expressly prohibited Medicaid from “making] payment to a provider for the cost of a vaccine available through the Vaccines for Children Program.” Please reference the As Amended Proposed Rule to see the changes as engrossed in the FInal Rule. 

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

April 28, 2023|Kentucky|

Louisiana

The Legislature convened their 60-day fiscal session on Monday, April 10th. The House Health Committee has scheduled a hearing on May 10th on HB 471, legislation the Louisiana Alliance of Retail Pharmacies (LARP) initiated that lowers the age to 7 and older for pharmacies to administer all ACIP immunizations and vaccines without a patient specific prescription or medical order.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

April 28, 2023|Louisiana|

Maryland

The General Assembly adjourned Sine Die this week. The following priority bills for pharmacy are on their way to Gov. Moore (D) for his signature: 

  • HB 693– Allows pharmacists to delegate the administration of certain vaccines to adults to Pharmacy technicians and allows technicians to perform remote data entry. This "emergency bill" will be effective upon signing. 
  • SB 678 – Requires Medicaid, CHIP, and commercial insurers to reimburse pharmacies for services within their scope of practice if the plan would otherwise cover. Effective Oct 1, 2023. 
  • HB 374– Clarifies that the statutory audit provisions in current audit law applies to PBMs (Pharmacy Benefits Managers) contracted with Managed Care Plans; adds new requirements that apply to all insurers and managed care; and requires PBMs to provide a secure electronic method of communication between the pharmacy and the PBM for sharing auditing information by Oct 2025. Provides that MIA (Maryland Insurance Administration) may promulgate rules. Effective Jan 1, 2024. 
  • HB 382 -Requires the MDH (Maryland Department of Health) (Maryland Department of Health) and Prescription Drug Advisory Board to complete a study on MCC claims around the costs of implementing a pharmacy reimbursement cost-based rate floor in the Medicaid Managed Care program. The study is due to the General Assembly in Oct 2023.  

NACDS thanks our state partners and members for their work to get these bills across the finish line. 

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

April 28, 2023|Maryland|

Massachusetts

On April 27, 2023, the MassHealth Pharmacy Program announced that “effective May 1, 2023, through March 31, 2024, MassHealth members, including those in managed care plans, do not have to pay copays for prescription drugs. This also applies to Health Safety Net (HSN) patients during this period.” 

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

April 28, 2023|Massachusetts|

Missouri

Pharmacy technicians immunizing under the Board's statutes and rules must complete an initial and annual documented competency assessment. A sample Technician Immunization Assessment Checklist template is intended for guidance purposes only to assist licensees and should be modified as appropriate for your practice setting. 

Also in Missouri, the 2023 Practice Guide contains updated compliance tips and information on recent statutory/rule changes, including, new/revised sections on Pharmacy Working Conditions, Technician Supervision & Expanded Technician Activities, Electronic Final Product Verification by Pharmacists, Technology-Assisted Product Verification by Interns & Technicians, and Quality Assurance. 

Finally in Missouri, the 2023 Missouri Pharmacy statutes and rules law book is available here. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

April 28, 2023|Missouri|

Montana

Gov. Greg Gianforte (R) signed the following bills: 

  • HB 379 (Chapter Number: 259), extending the prohibition on PBMs to require federally certified health entities to identify 340B drugs from June 1, 2023, to June 1, 2025. 
  • HB 710 (Chapter Number: 216), permitting a pharmacist to delegate the administration of immunizations to a pharmacy technician or licensed intern, who has completed requirements for education and training. Administration of immunizations by technicians and interns will be supervised by the pharmacist. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Montana|

Nebraska

The Department of Health and Human Services posted the Practitioner Fee Schedule for Injectables effective April 1, 2023. The Department also posted the COVID-19 Fee Schedule effective April 21. 

Also in Nebraska, the Department of Health and Human Services published the following: 

Also in Nebraska, the Department of Health and Human Services announced the DUR (Drug Utilization Review) Board Meeting scheduled for May 9 has been cancelled. The next meeting will be held on July 11.  

Finally in Nebraska, the Department of Health and Human Services announced a public hearing on May 31 to receive comments on proposed changes to Title 471, Chapter 7  of the Nebraska Administrative Code (NAC) – Durable Medical Equipment, Prosthetics, Orthotics, and Medical Supplies (DMEPOS). The proposed changes set the regulations' scope and authority; update definitions; expand prescription authority; update provider requirements; update service requirements for covered and non-covered services; add glucose monitors as a covered service; update billing and payment requirements; remove unnecessary and outdated language; remove duplicate statutory language from the regulations; update formatting; and restructure the regulatory chapter. Written comments may be submitted no later than the day of the hearing to: DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 (fax) or dhhs.regulations@nebraska.gov, respectively. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Nebraska|

New York

On April 27, 2023, Governor Hochul announced an budget agreement with the legislature that held off all efforts to repeal the NYRx, the Medicaid prescription benefit carve out for fee-for-service. As of April 1, 2023, all Medicaid members enrolled in Mainstream Managed Care now receive their prescription drugs through the program. 

On April 24, 2023, NACDS participated in a pharmacy lobby day in Albany, in collaboration with the Community Pharmacy Association of New York and the Pharmacist State Society of New York. Members and pharmacists lobbied in support of S3467: CLIA-waived testing, S6337: expanding the Long Acting Injectables law, and for final signature of A 1060: pharmacists administered contraceptives.  

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

April 28, 2023|New York|

North Dakota

On April 5, Gov. Doug Burgum (R) signed SB 2378, legislation related to clinician-administered drugs. The new law includes language that prohibits a PBM from requiring "a patient, as a condition of payment of reimbursement, to purchase pharmacist services, including prescriptions drugs, exclusively through a mail-order pharmacy or a pharmacy benefit manager affiliate, or a combination of both."

Also in North Dakota, on April 10, Gov. Doug Burgum (R) signed HB 1095, legislation including comprehensive medication management services in health benefit plans.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|North Dakota|

Oklahoma

Insurance Commissioner Glen Mulready (R) recently filed an administrative action against CVS citing a violation of state law prohibiting patient steering. The administrative hearing is scheduled on May 25, 2023. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

April 28, 2023|Oklahoma|

Oregon

The Department of Human Services began issuing $170 million in Pandemic EBT (P-EBT) food benefits to 434,000 students and young children in late March through May. These additional food benefits are part of the Pandemic EBT (P-EBT) program, a temporary COVID-19 response program meant to provide additional food support for children whose access to food provided through school programs may have been impacted by COVID-19. A P-EBT card containing $391 in food benefits, which is different from a regular electronic benefit transfer (EBT) card, will be sent by mail to each eligible child. 

Also in Oregon, the Oregon Health Authority published a final rule effective April 1, amending Prior Authorization Approval Criteria Guide & Preferred Drug List DUR/P&T Actions. (OAR 410-121-0030, OAR 410-121-0040) 

Also in Oregon, the Board of Pharmacy published a final rule effective April 4, amending Committee Member Compensation. (OAR 855-010-0016) 

Also in Oregon, the Board of Pharmacy posted the following: 

  • Interns Workgroup – May 3 at 1:00 p.m. – Agenda 
  • Collaborative Drug Therapy Management / Clinical Pharmacy Agreements Workgroup – May 4 at 1:00 p.m. — Agenda and Meeting Materials 

Also in Oregon, the Board of Pharmacy is proposing to adopt the following rules and announced a May 23 public hearing. Written comments may be sent to pharmacy.rulemaking@bop.oregon.gov no later than 4:30 p.m. on May 23.  

Finally in Oregon, the Board of Pharmacy adopted the following Temporary Rule, effective May 5: Division 045 – related to USP <795> and USP <797> Adopted Standards by Reference 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Oregon|

Texas

HB 1105 by Rep. Four Price (R), legislation that lowers the age to 3-years old and up for pharmacists, pharmacist interns and certified pharmacy technicians to administer all vaccines and immunizations without a patient specific prescription or medical order was voted favorably out of the House Public Health Committee on April 26th by a 7-4 vote. 

Also in Texas, on April 25th, the House Human Services Committee held a hearing on HB 1293, Rep. Toni Rose’s (D) Medicaid rate floor bill that all pharmacy groups support, would require PBMs’ pharmacy reimbursement to at least cover the pharmacy costs. Committee members questioned Priscilla Parrilla with the Health and Humans Services Commission’s Vendor Drug Program about the concerning fiscal note, and requested VDP (Vendor Drug Program) provide the committee with more information on how that was calculated. The bill was left pending in the committee. 

Also in Texas, on April 26th, the Senate Health and Human Services held a hearing on SB 1619 by Sen. Charles Perry (R), legislation supported by all pharmacy groups that would prohibit the Health and Human Services Commission’s Vendor Drug Program from including any discount price offered for the prescription drug, including a discount offered through a third-party discount card when defining the price of a prescription drug for purposes of determining the Usual and Customary (U&C) reimbursement rate for Medicaid. The bill was left pending in the committee. 

The Senate Health and Human Services also took testimony on SB 1137 by Sen. Charles Schwertner (R), PBM ERISA (Employee Retirement Income Security Act) reform legislation being led by the Texas Pharmacy Association and the Texas Pharmacy Business Council that is supported by all pharmacy groups. The companion bill by Rep. Tom Oliverson (R), HB 2021, was heard in the House Insurance Committee on March 21st. Both bills were left pending in committee. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

April 28, 2023|Texas|

Wyoming

The Wyoming Attorney General (Commissioner of Drugs and Substances Control) issued a proposed rules to additional substances to Schedule I and Schedule IV in the Wyoming Controlled Substances Act of 1971. Comments may be emailed to melissa.rexius@wyo.gov; the comment period ends on June 1, 2023.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

April 28, 2023|Wyoming|

Alabama

The Alabama Medicaid Agency (Medicaid) is announcing the final extension of the COVID-19 public health emergency (PHE). The new expiration date is May 11, 2023, which correlates with the expiration date of the national emergency. A Provider ALERT will be forthcoming from Medicaid to communicate changes to services related to the COVID-19 PHE.  

During the COVID-19 emergency, it is important to file claims as quickly as possible to ensure payment from Medicaid is made to Medicaid providers close to the date of service. The Centers for Medicare and Medicaid Services has increased the federal matching percentage for the emergency time frame, but states can only receive the increased match on claims that are paid during the emergency. Providers should include appropriate COVID-19 diagnosis code(s) on claims submitted to help with tracking of COVID-19. 

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

March 31, 2023|Alabama|

Arkansas

Janet Mann is the new Medicaid Director with the Department of Human Services. Mann has over 20 years of experience in health care and finance, including working in Mississippi Medicaid.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

March 31, 2023|Arkansas|
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