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’ Mike Sargent at 207-272-6435.
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’ Mike Sargent at 207-272-6435.
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’ Mike Sargent at 207-272-6435.
Tennessee
TennCare has contracted with Mercer Government Human Services Consulting (Mercer) to conduct a professional cost of dispensing survey and a survey of acquisition cost data, also known as the Average Actual Acquisition Cost (AAAC) survey. Both surveys will begin on April 3, 2023, and must be submitted to Mercer no later than May 12, 2023.
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 survey.
Mercer will conduct a technical online seminar on March 20, 2023, at 10:00 AM CST to discuss both surveys and answer any provider questions. Please utilize the log in information below to join:
Link: https://mmc.zoom.us/s/92516957090?pwd=S0p3bm9JeHFGRTJ4R2NOeTZMNitnUT09
Passcode: 030511
Please feel free to direct any questions regarding the survey to (Lora.Underwood@tn.gov) or mercerrxpassage@mercer.com.
Also in Tennessee, please view the pharmacy provider notification regarding missing AAAC rates. You can contact the OptumRx Pharmacy Supports Center at 866-434-5520 or tnrxeducation@optum.com if you have any questions.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
Legislation has been filed in both the House and Senate 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. These bills include SB 1619 by Sen. Charles Perry (R) and HB 3214 by Rep. Donna Howard (D).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Utah
HB 288 (1st Sub.), legislation requiring a pharmacist who dispenses opioids to offer to counsel the patient or the patient's representative on the use and availability of an opioid antagonist and offer to dispense an opioid antagonist with a prescription or under other defined criteria, passed both the House and the Senate and will be sent to Gov. Spencer Cox (R) for his consideration.
Also in Utah, SB 193, legislation that a health insurer may not require a pharmacy to dispense a clinician-administered drug directly to an enrollee with the intention that the enrollee will transport the drug to a healthcare provider for administering, passed the Senate and the House and will be sent to Gov. Cox for his consideration.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Washington
Broad reform legislation regulating PBMs, 2SSB 5213, that was supported by the Insurance Commissioner, the Washington State Pharmacy Association, and pharmacies, which would have prohibited requiring the use of mail-order pharmacies except for specialty drugs, reimbursing pharmacies below costs and excluding pharmacies from the network, died on the Senate floor on March 8.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
The 2023 General Session of the 67th Wyoming Legislature adjourned on March 3.
The following bills were signed into law by Gov. Mark Gordon (R):
- SF 7 (Enrolled Act No. 36), legislation amending the definition of "opiate antagonist" to mean any device or medication approved by the U.S. FDA for the treatment of an opiate drug related overdose effective immediately upon completion of all acts necessary for a bill to become law.
- SF 9 (Enrolled Act No. 53), legislation authorizing payment for services rendered by a licensed pharmacist under the Medical Assistance and Services Act effective July 1, 2023.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alabama
All previously published expiration dates related to the COVID-19 public health emergency (PHE) are once again extended by the Medicaid Agency (Medicaid). The new expiration date is the earlier of March 31, 2023, or any expiration date noticed by Medicaid through a subsequent ALERT.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arizona
SB 1248, legislation repealing several components of the sunrise process for scope expansion, including pharmacy, passed the Senate (21-9) and the House (42-18) and was sent to the Gov. Katie Hobbs (D) for signature. The sunrise process will require material changes to certification, registration, or licensure.
Also in Arizona, on February 20, 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, passed the Senate and was transmitted to the House.
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.
- Policy Update of Remdesivir (Veklury) for the Outpatient Treatment of COVID-19 as a Pharmacy Benefit (March 1)
- Enteral Nutrition Update: Changes to the Published Enteral Nutrition Policy in the Medi-Cal Rx Provider Manual, Effective April 1, 2023 (March 1)
- Maximum Allowable Ingredient Cost 30-day Pharmacy Provider Notice (March 1)
- Pharmacy Provider Dispensing Fee Self-Attestation (March 1)
- Medi-Cal Rx Monthly Bulletin for March (March 1)
- Changes to Contract Drugs List (CDL) (March 1)
- Changes to Contract Drugs List (CDL) – Over-the-Counter Drugs (March 1)
- Updates to the Medi-Cal Rx Provider Manual (March 1)
- Medi-Cal Rx Weekly Wrap-Up for February 17-23 (February 24)
- Reinstatement Spotlight (February 24)
- 30-day Countdown – Phase III, Lift 1: Retirement of the Transition Policy for Beneficiaries 22 Years of Age and Older (February 23)
- New Resources for Providers: COVID-19 Testing and Treatment Support (February 21)
- Medi-Cal Rx Weekly Wrap-up for February 10-16 (February 17)
- Reinstatement Spotlight (February 17)
Also in California, Medi-Cal posted the following:
- CDPH Offers New Warmline for COVID-19 Testing and Treatment (March 2)
- Breast and Cervical Cancer Treatment Program: End of Medi-Cal Continuous Coverage (March 1)
- Medi-Cal Update – Pharmacy – February 2023 – Bulletin 1034 (
Also in California, on March 23, 2020, the DHCS published a regulatory provider bulletin (Requirements and Procedures for Emergency Medi-Cal Provider Enrollment) that established amended enrollment requirements and procedures for providers to temporarily and provisionally enroll in the Medi-Cal program during the COVID-19 public health emergency (PHE) as authorized by the Section 1135 waiver granted by the CMS. Effective March 29, 2023, DHCS is discontinuing the provider enrollment flexibilities authorized by the Section 1135 waiver. Providers will have 90 days from the end of the waiver period on March 29, to submit an application for enrollment via the Provider Application and Validation for Enrollment (PAVE) portal. Providers who have not submitted an application by June 27, will have their temporary enrollment deactivated, effective June 28.
Also in California, Magellan Rx Management posted the archived webinar for the Medi-Cal Rx Pharmacy Provider Dispensing Fee Self-Attestation that was held on February 23. This online seminar was hosted by Mercer and covered the attestation pharmacies must submit to determine the fee-for-service professional dispensing fee component of the pharmacy claim reimbursement for claims with dates of service within the state's following fiscal year. The DHCS also posted a current version of the Pharmacy Provider Dispensing Fee Self-Attestation FAQs.
Finally in California, the Board of Pharmacy posted the agenda and meeting materials for the Medication Error Reduction and Workforce Committee Meeting on March 8. The agenda includes a presentation by Peggy Binzer, Executive Director with the Alliance for Quality Improvements and Patient Safety and a discussion of the most recent report of the Well-Being Index.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.