Louisiana
Prefiling bills has begun in advance of the fiscal session that convenes on April 10th.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Michigan
The Board of Pharmacy published an agenda for an April 7 regulation workgroup meeting where they will be taking oral testimony on the Pharmacy Technician Rules. They will accept written comments at BPL-BoardSupport@michigan.gov until the close of business on April 6. For a copy of the draft rule and more information, click here.
Also in Michigan, the Department of Health and Human Services has issued a proposed policy for public comment; comments should be sent to frankmane@michigan.gov by April 18.
- 2305-F2F-P – COVID-19 Response: Reversal of Temporary COVID-19 Relaxation of Face-to-Face Requirement Policies and Update of Face-to-Face and In Person Definitions. The proposed effective date is May 12.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
Prior to the legislature taking a week off for Spring Break, HB 41 passed the Senate and was referred to the House for further action. The bill allows a pharmacist to order and administer vaccines approved or authorized by the FDA, or by the state or federal government during a state or federally declared public health emergency. The bill also permits certain qualified pharmacists to provide influenza, group A streptococcus, and COVID-19 medication therapy services pursuant to a statewide standing order issued by the Director of the Department of Health and Senior Services or a physician licensed by the Department.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On March 21, 2023, NACDS will be joining the Pharmacists Society of the State of New York (PSSNY (Pharmacists Society of the State of New York)) in a rally in support of the Medicaid transition to fee-for-service. Beginning April 1, 2023, all Medicaid members enrolled in Mainstream Managed Care will receive their prescription drugs through NYRx, the Medicaid Pharmacy Program. The rally is to advocate to the legislature so no action would alter the planned transition.
On March 21 at 1:00 p.m., the New York State Department of Health will be holding its next online seminar for all stakeholders about the pharmacy benefit transition. Members, providers
and all interested stakeholders are welcome to attend regarding the transition.
The New York Deparment of Financial Services’ Pharmacy Benefits Bureau is requesting comments directly from pharmacies about the usefulness of PBM audits. Specifically, the requested comments are about whether and how the Department should exercise its authority about audits of pharmacies conducted by PBMs. New York Insurance Law §§ 2905-2906 empowers the Department to establish, by regulation, minimum standards for the issuance of a license to a PBM, including both prerequisites for the issuance of a license and requirements for maintenance of a license. Among the questions for pharmacies are: “In what way, if any, does an auditing PBM communicate its audit policies and procedures to your pharmacy?”, “What types of audits have you experienced in the past five (5) calendar years?”, “How many times per year for the past five (5) calendar years have PBM audits occurred for your pharmacy?”, “During the most recent audit conducted by a PBM for your pharmacy, was the purpose or subject of the audit identified prior to the audit occurring?”, “Was the same identified purpose or subject included as part of the PBM’s draft and/or final audit report?”, etc. Comments should be sent directly to the Department at PBM@dfs.ny.gov by March 24, 2023, with “PBM2022-07” included in the subject line.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Oklahoma
SB 827, legislation by pharmacist Sen. Standridge(R) authorizes pharmacists to prescribe nonprescription drugs for the purposes of extemporaneous compounding passed the Senate by 44-0 and was referred to the House or Representatives.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Ohio
Medicaid published the following bulletins related to the Managed Care Program:
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
Brian Clark, a South Carolina pharmacist with experience in a broad range of pharmacy roles as well as service in state and national professional associations, has been named chief executive officer of the South Carolina Pharmacy Association effective April 1. Clark, director of operations at Riley’s Drugs in Lexington, SC, will lead the association that serves as the public face and voice of all sectors of the state’s pharmacy community, from students and technicians to pharmacists.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
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. Mercer will conduct a technical online seminar on March 20 at 10am CT to discuss both surveys and answer provider questions. Join the online seminar at this link with passcode 030511.
Also in Tennessee, the recent TennCare issue regarding AAAC rate updates has been resolved. Please review this document and contact tenncare_inquiry@optum.com with any questions.
Finally, to help TennCare prescribers and providers, prior authorization (PA) requirements can be bypassed for certain medications when specific medical conditions exist. Those specific medications and diagnoses are on the Appropriate Diagnosis for PA Bypass document. 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). Note: A list of the preferred agents and the clinical criteria can also be found at www.optumrx.com/oe_tenncare/landing.
Please contact OptumRx Provider Liaison Ginger Stoves (ginger.stoves@optum.com) if you have additional questions. Ginger is the primary contact for Middle Tennessee, and the temporary primary contact for East and West Tennessee.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The deadline to file bills was Friday, March 10th.
Also in Texas, Rep. Julie Johnson (D) filed HB 3774, legislation providing pharmacists with liability protections when dispensing certain medications that could be used for an abortion.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
West Virginia
Pharmacy had several important victories in the 2023 Legislative Session that adjourned last week. The Legislature approved several priority pharmacy bills that are now on Governor Justice’s desk for signing. These include SB 345, which gives legislative approval for the PBM Auditing Rule pursuant to the passage of HB 4112 of last session. HB 2754 which adopts PREP Act immunization authority for both pharmacists and technicians at age 3 and deletes the long-standing prescription requirement for childhood vaccines. Lastly, SB 361, an omnibus Rules package that increases the pharmacy technician ratio from 1:4 to 1:6. The same bill also includes a final rule modernizing collaborative practice agreements to allow for population-based care.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Alabama
Reminder, effective October 1, 2022, the Alabama Medicaid Agency removed the requirement of absence of alcohol and illicit drug use by recipients for the prior approval of antiviral drugs used in the treatment of hepatitis C. A copy of the patient's drug and alcohol screening lab report is no longer required. All other criteria remain, including the patient consent form with the patient's and physician's signature, which must be submitted with requests.
The updated Prior Authorization (PA) request form and criteria booklet should be utilized by the prescriber or the dispensing pharmacy when requesting a PA.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arizona
Gov. Katie Hobbs (D) vetoed SB (Senate Bill) 1248, legislation repealing several components of the sunrise process for scope expansion, including pharmacy.
Also in Arizona, on March 6, SB 1254 (Senate Engrossed), legislation repealing the requirement for a Schedule II opioid prescription that is directly dispensed by a pharmacist and that is not for the immediate administration to the ultimate user to have a red cap, failed to pass the House Health and Human Services Committee by a 3-4 vote.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arkansas
HB (House Bill) 1007, legislation establishing a statewide protocol that would allow pharmacists to diagnose and assess conditions for HIV and to dispense PrEP (Pre-Exposure Prophylaxis) and PEP (Post Exposure Prophylaxis), was amended in the House Committee on Public Health, Welfare and Labor.
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 February 24-March 2 (March 3)
- Reinstatement Spotlight (March 3)
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
SB 23-162, legislation chain pharmacies support that would increase access to pharmacy services by allowing a pharmacist to delegate to a pharmacy technician any task within the practice of pharmacy for which the pharmacy technician has been specifically trained, except for patient counseling, drug regimen review and clinical conflict resolution, was heard in the Senate Health and Human Services Committee on March 9. The bill also removes the pharmacy technician to pharmacist ratio at a central fill pharmacy, and it authorizes reimbursement under the medical assistance program for dispensing or administering vaccines to children under 19 years of age.
Also in Colorado, HB 23-1201, a PBM reform bill that creates transparency and eliminates spread pricing, was introduced, and assigned to the House Health & Insurance Committee.
Finally, March 15 is Pharmacy Day at the Capitol.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Connecticut
SB 1102, legislation that would allow pharmacists to administer additional vaccines, tests and drugs and pharmacies to operate mobile pharmacies, was reported out favorably by the General Laws Committee on March 9.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Delaware
The Department of Health and Social Services presented an online seminar on the state’s unwinding of pandemic plan and its impact on Medicaid recipients. Beginning April 1, 2023, the state will begin requiring renewals from recipients. The impact to pharmacies could be a temporary loss of benefits.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Idaho
The following two bills were recently introduced. NACDS thanks Idaho Retailers Association for its efforts.
- HB 215 adds 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.
- HB 270 establishes the Fair Pharmacy Audits Act, 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.
Indiana
HB 1568, legislation granting pharmacists independent prescriptive authority of a drug product, was amended in the Committee on Public Health to include a requirement for Medicaid to pursue a state plan amendment for payment for pharmacy services for the non-dispensing activities associated with prescribing a contraceptive. The bill was passed by the House by a vote of 167-86-12, and it is currently awaiting further action in the Senate Health and Provider Services Committee. The Family and Social Services Administration (Medicaid) has confirmed that with this authority they would pursue a state plan amendment (SPA) that would encompass all non-dispensing, clinical pharmacist services for reimbursement under Medicaid.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
HB 2263, the pharmacy technician vaccine administration bill, was amended in Committee and passed the full House by a vote of 119-3. This bill was referred to the Senate Public Health and Welfare Committee and will be heard on March 15.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
With the federal government ending the continuous Medicaid coverage requirement on March 31, the Mississippi Division of Medicaid (DOM) is notifying Medicaid members that eligibility renewals will begin on April 1. DOM urges all Medicaid members to make sure their contact information is correct by clicking here.
To prepare for the return to annual renewals, DOM is sending notices to recipients alerting them to the change in federal requirements and to look for renewal forms in the mail in the months ahead.
To learn more, please click here.
Ways you can help:
- Help DOM share valuable information and resources to ensure eligible members keep their health coverage with this online Toolkit.
- Sign up to be a Coverage Champion and partner with DOM as we outreach resources and strategies.
- Sign up to receive Late Breaking News Alerts directly to your email every time DOM issues a Late Breaking News update! Just email a contact name, place of business and a contact number (optional) to LateBreakingNews@medicaid.ms.gov.
- Visit Late Breaking News online at: https://medicaid.ms.gov/late-breaking-news/.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Missouri
SB 41 by Sen. Holly Thompson Rehder (R) repeals the physician protocol requirement and adds language allowing pharmacists to order and administer certain FDA-approved or authorized vaccines to persons at least seven years of age or older, pursuant to rules promulgated by the Board of Pharmacy and the Board of Registration for the Healing Arts, or rules promulgated under a state of emergency. The bill is pending on the Senate floor.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Montana
HB 710, legislation permitting pharmacy interns and technicians to administer immunizations, passed the House (90-8) and was transmitted to the Senate on March 3.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Mexico
While the legislature is scheduled to adjourn their 60-day session on March 18, several bills of interest to pharmacies are pending.
SB 92, legislation that would allow a pharmacist to order, test, screen and treat for five enumerated conditions (COVID, influenza, group A strep pharyngitis, uncomplicated urinary tract infection, and HIV [limited to pre- and post-exposure prophylaxis]) as well as any other conditions of public health importance identified by the Department of Health, was amended in committee, and passed the Senate. The bill was referred to the House and is scheduled for a hearing in the House Health and Human Services Committee on March 10.
HB 451 is the PBM tiered reimbursement rate bill that was filed late and recently reported favorably from the House Health and Human Services Committee. It is currently pending in the House Appropriations and Finance Committee with a fiscal note.
SB 14, legislation regulating the practice of PBMs, was voted favorably from the Senate Tax, Business and Transportation Committee, and referred to the Senate Judiciary Committee for further action
HB 177, therapeutic interchange legislation that would allow pharmacists to change an initial prescription to comply with the health plan formulary, is on the House calendar awaiting a floor vote. HB 132 provides payment parity for mail order and retail pharmacies, is also awaiting a House floor vote.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On March 14, NACDS will be joining the Pharmacists Society of the State of New York (PSSNY (Pharmacists Society of the State of New York)) in a rally in support of the Medicaid transition to fee-for-service. Beginning April 1, 2023, all Medicaid members enrolled in Mainstream Managed Care will receive their prescription drugs through NYRx, the Medicaid Pharmacy Program. The rally is to advocate to the legislature so no action would alter the planned transition.
On March 21 at 1:00 p.m., the State Department of Health will be holding its next online seminar for all stakeholders about the pharmacy benefit transition. Members, providers and all interested stakeholders are welcome to attend regarding the transition.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.