Minnesota
To view this week’s Department of Health COVID-19 vaccine provider weekly update, past updates or to subscribe to them click here.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Nebraska
The Board of Pharmacy published its May 9 agenda (REVISED) and March 7 draft minutes.
Also in Nebraska, the Department. of Health and Human Services distributed the CDC (Centers for Disease Control) Health Advisory: Updated Information on Availability and Use of Treatments for Outpatients with Mild to Moderate COVID-19 Who are at Increased Risk for Severe Outcomes of COVID-19.
Finally in Nebraska, the Department of Health and Human Services announced the next COVID-19 Medicaid Provider call will take place on June 1 at noon (Central).
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Jersey
NACDS submitted a letter to the New Jersey Board of Pharmacy seeking clarification on a policy matter related to the expiration of Schedule III-V controlled substance prescriptions. NACDS members have received direction from representatives of the New Jersey Medicaid program that contradicts both federal and state laws and regulations regarding the timeframe in which Schedule III-V prescriptions expire, NACDS has asked the Board to provide needed clarification on this matter.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
North Carolina
The Board of Pharmacy has completed a rulemaking to create new Rule .2515, “Remote Work by Pharmacy Personnel.” The rule authorizes, and governs, a pharmacy’s use of its own pharmacy personnel employees to perform certain remote operations. The rule is effective May 1, 2022.
The Board’s March 17, 2020, Expanded Emergency Services Waiver, issued because of the COVID-19 public health emergency, previously authorized intra-pharmacy remote operations. New Rule .2515 does not differ materially from the waiver provisions concerning intra-pharmacy remote operations.
Accordingly, Rule .2515 (and not the waiver) will govern this practice come May 1. Detailed guidance to Rule .2515 is found here. Please note, a different rule, Rule. 1816, governs inter-pharmacy remote medication order processing arrangements. Detailed guidance to that rule is found here.
Also in North Carolina, all the respective statewide standing orders for all new therapies allowed under HB 96 can be found here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Ohio
Governor Mike DeWine (R) signed Executive Order 2022-05D to suspend the normal rulemaking process to allow the Ohio Board of Pharmacy to classify several bezimidazole-opioids as Schedule One drugs, meaning they have no accepted medical use in treatment and pose an imminent hazard to public health, safety, and welfare.
Also in Ohio, The Department of Medicaid (ODM (Ohio Department of Medicaid)) has posted the slides from its most recent pharmacy stakeholder online seminar that outlines their future process for reimbursing pharmacies for Specialty Drugs under the Managed Care Single Pharmaceutical Benefits Manager Program (SPBM). Additionally, ODM announced that the implementation of the SPBM program has been delayed until October of 2022. More information can be found on the SPBM webpage. Members should expect ODM to schedule the next online seminar, on which ODM intends to announce new pharmacy rates, to be scheduled for the week of May 16. NACDS will email the invite to members operating in Ohio as soon as we receive it.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oregon
HB 4034, which was signed into law on March 23, includes several provisions of interest including allowing a pharmacy intern to transfer a drug containing pseudoephedrine or ephedrine to a person 18 years of age or older without prescription; reporting of information regarding dispensing of biological products; clarifying the use of telepharmacy and permitting a pharmacist to delegate to a pharmacy technician final verification of prescribed drug and drug dosage, device, or product
Also in Oregon, the Board of Pharmacy has adopted the following rules:
April 22, 2022, Temporary Rules Noticed Pursuant to 2022 HB 4034 (Signed by Gov. Kate Brown (D) on March 23, 2022) – Effective April 22, 2022 through October 18, 2022
- Divisions 006/019/025/041 – related to Certified Oregon Pharmacy and Technician/Pharmacy Technician Final Verification - defines “final verification”, amends “General Responsibilities of a Pharmacist” and adds Pharmacy Technician after Certified Oregon Pharmacy Technician.
- Division 041 – related to Telework – adds or/and Pharmacy Technician after Certified Oregon Pharmacy Technician and adds configuration and records requirements for telework.
- Division 080 – related to Pseudoephedrine/Ephedrine & Interns – adds “intern” so that an intern may transfer a drug containing pseudoephedrine or ephedrine.
- Division 139 – related to RDSP [Remote Dispensing Site Pharmacy] – amends certain requirements.
The Board also permanently adopted the following rules – effective April 20, 2022 – at the April 2022 Board Meeting:
- Divisions 006/041/139 – related to Definitions – amends “supervision by a pharmacist” related to telework situations and moves some definitions in Division 041/139 to Division 006.
- Division 020 – related to COVID-19 Antigen Self-Test Protocol – adds “COVID-19 Antigen Self-Test Protocol” into the “Protocol Compendium”.
- Divisions 020/041/065/139 related to Alarm, Audiovisual Communication, Entry & Surveillance Systems – updates and defines terms.
- Divisions 021/025/110 – related to Certified Oregon Pharmacy Technician & Pharmacy Technician Licensure – amends pharmacy technician and certified Oregon pharmacy technician licensure rules, including application and renewal or reinstatement requirements, license fees and continuing education.
- Division 041 – related to Disclosure of Patient Information – amends prohibited practices related to disclosure of patient information, including accessing or obtaining patient information unless it is for the purpose of patient care.
- Division 041/139 – related to Accurate Pharmacy Hours & Temporary Pharmacy Closures – requires pharmacies to post accurate hours of operation and updates due to a temporary or permanent closure.
- Division 080 – related to Schedule I Exceptions – related to marijuana, THC and Cannabis family Cannabaceae.
- Division 143 – related to Pharmacy Prescription Lockers (PPLs) – establishes a new drug outlet type (“Pharmacy Prescription Lockers (PPLs)”) and permits a pharmacy to operate a PPL.
Finally in Oregon, the Oregon Health Authority issued a temporary rule, effective April 27, 2022, through June 25, 2022, amending prior authorization approval criteria guide effective May 1, 2022. These amendments are based upon Pharmacy & Therapeutics (P&T) Committee recommendations on April 7.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The Board of Pharmacy has published its agenda for the May 10 meeting. The meeting will be held in a hybrid format and information for joining is included in the agenda.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
The South Carolina Department of Health and Human Services (SCDHHS) will operate on an updated schedule for Healthy Connections Medicaid claims submission and payments for one week in May 2022 to accommodate the state holiday observed May 10, 2022.
Tuesday, May 10, 2022, is designated as a South Carolina state holiday. Due to this holiday, claims must be submitted by 5 p.m. Sunday, May 8, 2022, to be included with the payment scheduled for Friday, May 13, 2022. Payments will run Monday, May 9, 2022. Electronic remittance advice may be available one day earlier than normal. Payments will be dated Friday, May 13, 2022.
Also in South Carolina, The Board of Pharmacy has been made aware that licensees are receiving scam phone calls from individuals impersonating state Board of Pharmacy inspectors and investigators. Licensees should be cautious of providing confidential or payment information over the phone without verifying the source is legitimate.
Scammers are calling pharmacists and telling them that their facility or individual license is under investigation. Scammers may also claim that they are working with the Food and Drug Administration (FDA) or Drug Enforcement Administration (DEA) on a case, and further claim that the licensee is under investigation for suspicious activity or drug trafficking. In either case, the scammers claim that the licensee will face disciplinary action, a revoked license, or arrest if they do not immediately pay a fine over the phone.
Additionally, many scammers are “spoofing” the phone number used to make the call, making it appear that the phone number is from a legitimate source. Scammers may even give a fake name and a fraudulent inspector identification number as “proof” of identity. If the call sounds suspicious, hang up and call the South Carolina Board of Pharmacy directly at 803-896-4700 or contact the Board at Contact.Pharmacy@llr.sc.gov.
If a licensee receives a scam call from someone impersonating a state Board inspector or investigator, please report it immediately to Ray Trotter at Ray.Trotter@llr.sc.gov.
If the scammer is impersonating an FDA or DEA inspector, please make a report to the respective agency. In addition, the licensee may also report scam calls to the Federal Communication Commission’s consumer complaint program. Please provide as many details about the scam call as possible.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Governor William Lee (R) signed SB (Senate Bill) 2446/HB 2131 into law on April 8, 2022, effective immediately, the legislation modernizes the definition of pharmacy technicians and now clearly allows a pharmacist to delegate tasks to a technician based on their education, training, and support, allowing all members of the pharmacy team to practice at the top of their education and training.
Also in Tennessee, Governor Bill Lee announced that Tennessee Department of Health Commissioner Dr. Lisa Piercey will depart from state government and enter the private sector. She will remain with TDH through May 31, 2022.
Finally in Tennessee, the Tennessee Department of Health is looking to hire a Director of the Controlled Substance Monitoring Database (CSMD). Applications are being accepted now through May 20, 2022.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The Health and Human Services Commission’s Vendor Drug Program wants to remind pharmacists that May 31st is the last day that the current Texas Medicaid Standing Order for Mosquito Repellent will be valid. Beginning June 1st, pharmacies must have a valid prescription from a Medicaid-enrolled provider to dispense mosquito repellent for Medicaid patients.
Also in Texas, the Department of State Health Services (DSHS) will suspend COVID-19 vaccine providers from ordering vaccines if they have not reported their current COVID-19 vaccine inventory effective May 6. Per the COVID-19 provider policy, COVID-19 vaccine providers must self-report by the fifth day of each month. Non-reporting providers will have their order privileges suspended until their monthly report is submitted.
Also in Texas, NACDS, Texas Federation of Drug Stores and our chain pharmacists met State Representatives Stephanie Klick (R), Chair of the House Public Health Committee, and Nicole Collier (D) who also serves on the House Public Health Committee, in their Tarrant County district offices. We shared stories of chain pharmacies engagement in the community during the pandemic and laid out our 2023 priority agenda.
Finally in Texas, Kroger pharmacists welcomed Ian Shaw, a Dallas attorney recently appointed as a public member on the Board of Pharmacy, behind the counter in a busy uptown pharmacy on a Friday afternoon.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Utah
The Board of Pharmacy announced its next meeting on May 24; agenda is pending.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Washington
The State Health Care Authority’s (HCA) emergency provisions for in-person interpreting allowing over the phone interpreting has ended. Now the Health Care Authority and Universal Language Service (ULS) signed the new spoken language contract to provide over-the-phone and video remote interpreting services. Providers must register under the new contract to have access to the over-the-phone and video remote interpreting contract. To register, email accounts@ulsonline.net. Pharmacists interested in providing interpreting services under the over-the-phone and video remote contract also must register via email at interpreter@ulsonline.net.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alaska
Effective May 14, the Alaska Department of Commerce, Community, and Economic Development amended regulations under 12 AAC 02 to reduce application, license, registration, and renewal fees for pharmacists, pharmacy technicians, remote and other pharmacies, wholesale drug distributors, outsourcing facilities, and third-party logistics providers.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
HB 2841, the general appropriations act (2022-2023), includes funding for the Organized Retail Theft (ORT) Task Force; see page 9 for details.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Department of Health Care Services posted the following alerts on the Medi-Cal Rx Web Portal.
- Medi-Cal Rx Policy for Requesting Alternative Medication in Case of Supply Shortage (April 15)
- Medi-Cal Rx Policy for Requesting Alternative Medical Supplies or Enteral Nutrition Products Due to Supply Shortages (April 15)
- Medi-Cal Rx List of Resources (April 11)
- Prior Authorization Status Notifications (April 11)
- Medical Supplies Update on Pen Needles (April 11)
- Medi-Cal Rx Coordination of Benefits (COB) Reminder (April 8)
- Dexcom Therapeutic Continuous Glucose Monitoring (CGM) – Issue Resolved (April 7)
- Medicare Remit Easy Print Software for EDI 835 Files (April 5)
- Medi-Cal Rx 101 Trainings for April 2022 (April 4)
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- Friday, April 22 – 2:00 p.m.-3:00 p.m. PST
- Friday, April 29 – 2:00 p.m.-3:00 p.m. PST
- Enteral Nutrition Update: Temporary Interchange of Equivalent Contracted Enteral Nutrition Products Due to Recent Formula Recall (April 4)
- Monoclonal Antibodies for the Outpatient Treatment of COVID-19 as a Pharmacy Benefits (April 1)
- Changes to Pneumococcal 15 & 20 Vaccines (April 1)
- Medi-Cal Rx Monthly Bulletin (April 1)
- Changes to the Contract Drugs List (April 1)
- Changes to the Contract Drugs List (CDL) – Over-the-Counter Drugs (April 1)
- Changes to Contract Drugs List (CDL) – Authorized Drug Manufacturer Labeler Codes (April 1)
- Updates to the Medi-Cal Rx Provider Manual (April 1)
- How to Find Covered Drugs (March 28)
- Deadline Reminder: Electronic Claims Agreement (March 25)
- By April 30, 2022, all participating Medi-Cal Rx pharmacy providers and billers need to submit a Medi-Cal Rx Telecommunications Provider and Biller Application Agreement (DHCS Form 6500) to continue submitting electronic claims without interruption. Refer to the Medi-Cal Rx Electronic Claims Agreement alert, originally posted on December 31, 2021.
Also in California, the Board of Pharmacy posted the following to the website:
- Legislation and Regulation Committee Meeting Agenda – April 26
- Communication and Public Education Committee Meeting Agenda and Meeting Materials – April 26
- Full Board Meeting CORRECTED Agenda – April 26-27
Also in California, AB 852, related to e-prescribing software requirements and prescriber exceptions to e-prescribing requirements, was amended on April 18.
Finally in California, AB 1651 was amended on April 18, creating the Workplace Technology Accountability Act. Among its various provisions, this legislation would give workers new rights with respect to their data, regulates data employers collect, regulates how employers can monitor workers, regulates the ways in which employers use algorithms to monitor workers and creates a new enforcement regime through the Department of Fair Employment and Housing. The bill is sponsored by the California Labor Federation, SEIU California, the United Food and Commercial Workers-Western and the States Council.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
Gov. Ron DeSantis (R) signed into law on April 6, two bills, HB 1209,, effective July 1, 2022, which allows registered pharmacy technicians, with appropriate training, to administer vaccines to adults, and SB 544, also effective July 1, 2022, which allows a pharmacist to dispense an emergency opioid antagonist, an auto injection delivery system or intranasal application, pursuant to a pharmacist’s order or to a non-patient-specific standing order.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
On April 9, the Illinois Senate adopted Senate Resolution 792, which calls upon the Auditor General to conduct a performance audit of Healthcare and Family Services (HFS) administration of pharmacy benefit managers.
Also in Illinois, Healthcare and Family Services (HFS) issued the following Provider Notice. HFS and state’s Department of Public Health asked that we issue a reminder that even though the HRSA uninsured program has ended there is still a process through HFS.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Louisiana
HB 424, by Rep. Chris Taylor (R) related to immunization administration authority, was amended and reported out of the House Health and Welfare Committee last week. The bill is scheduled on the House Calendar on Monday, April 25. The bill would allow pharmacists to continue their authority granted under the federal Public Readiness and Emergency Preparedness Act (PREP Act) authority to immunize patients seven years of age and older without a prescription. NACDS is urging members to take action immediately utilizing the NACDS RxIMPACT Alert.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The Department of Health and Human Services posted the agenda for the next Medicaid DUR Board Meeting scheduled to be held on May 10.
Also in Nebraska, the Department of Health and Human Services issued Request for Proposal (RFP) Number 112209 O3 facilitating the selection of a qualified bidder to provide a full-risk, capitated Medicaid Managed Care program for physical health, behavioral health, pharmacy and dental services for at least the next five years. Nearly all Medicaid beneficiaries currently receive health care services through Heritage Health, the state’s integrated managed care program.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New York
The Office of Health Insurance Programs of the New York State Department of Health has approved the release of the March 2022 Medicaid Update.
You may also go straight to an article or topic that pertains to you by selecting it from the current issue’s table of contents below.
Policy and Billing
- Early and Periodic Screening, Diagnostic, and Treatment Program Childhood Vaccine Counseling Coverage Benefit (Cover)
- New York State Medicaid Professional Pathology Policy
- Attention: New York State Medicaid Fee-For-Service Providers Administering Drugs
- Pharmacy and Medical Billing Guidance for SPRAVATO® (esketamine)
- Discontinued Coverage for TerSera Therapeutics LLC Drugs
- COVID-19 Testing, Therapeutics, Vaccine Administration, and Vaccine Counseling Policy Reminders
All Providers
- Medicaid Consumer Fact Sheets Now Available
- Official Launch of eMedNY Provider Enrollment Portal
- New York State Medicaid Launches Emergency Triage, Treat, and Transport Program
- NY State of Health: Affordable Care Act 12th Anniversary; Congress Encouragement to Extend American Rescue Plan Tax Credits; Medicaid Resumes Eligibility Reviews, Disenrolled Members Should Be Directed to the Marketplace
- New York State Department of Health Medicaid Accelerated eXchange (MAX) Workshop Series: Register for Round Two and Upcoming Informational Webinar
- Medicaid Breast Cancer Surgery Centers
Pharmacy
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Ohio
The Department of Medicaid (ODM) held its second stakeholder webinar regarding the implementation of the Single Pharmacy Benefits Manager (SPBM) under the Next Generation of Managed Care program on April 15. The subject matter was the new Specialty Drug Program. Copies of the PowerPoint slides and other information regarding the program can be found on ODM’s SPBM webpage. The slides state the next webinar will be held in early May and will cover SPBM pricing.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Pennsylvania
Long-awaited Board of Pharmacy regulations allowing pharmacy interns to immunize have been released in final form by the Independent Regulatory Review Commission (IRRC), where they are scheduled for a vote on May 19. After IRRC passage, the regulations will go to the Attorney General and be published in the Pennsylvania Bulletin. The regulations will be final 30 days after the official publication date. The rulemaking is pursuant to the Pharmacy Act amendments made by Act 8 of 2015, the same law that allowed pharmacists to administer influenza vaccines to children aged 9 years and older.
Also in Pennsylvania, the PACE program issued a bulletin regarding Program audit procedures. It includes clarification regarding who is responsible for providing information related to the requested documents.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
The Board of Pharmacy is having supply chain issues with the paper it uses for licenses. The paper currently being used does not provide the perforated wallet card. However, it does allow for the wallet card to be cut out and used for business purposes. The Pharmacy Board inspectors are aware of the change with the licensing paper. This will not affect pharmacists’ ability to practice.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Gov. William Lee (R) signed SB 2446/HB 2131 into law on April 8, effective immediately, the legislation modernizes the definition of pharmacy technicians and now clearly allows a pharmacist to delegate tasks to a technician based on their education, training, and support, allowing all members of the pharmacy team to practice at the top of their education and training.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Virginia
Gov. Glenn Youngkin (R) amended companion bills HB 1323 and SB 672 to add language in that was removed during the legislative process allowing pharmacists to test and treat for flu, strep and urinary tract infections (UTIs). Our original language that codifies pharmacies’ immunization and testing authority allowances under the PREP Act remains intact. The bill also allows pharmacists to initiate tobacco cessation therapy, including prescription drugs. These bills will now have to go before the Legislature on April 27 to approve or reject the governor’s recommendation on the amended language. NACDS applauds the Virginia Association of Chain Drug Stores (VACDS) and the Virginia Retail Federation (VRF) for all the groundwork on this bill and to members for your outreach to the Governor’s office.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.