Ohio
The Board of Pharmacy announced their appointments to the Pharmacy Workforce Advisory Committee.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
The 30-day special session that Gov. Greg Abbott (R) convened on July 8th came to an abrupt halt on July 12th when the many Democrat legislators fled the state breaking a quorum to block a vote on the election integrity bill. Under House rules, all business was suspended because the absent Democrats meant that there were not members present to conduct business.
Also in Texas, the Texas Federation of Drug Stores (TFDS), the Texas Medical Association (TMA), the Texas Pharmacy Association (TPA) sent a joint letter https://www.nacds.org/ceo/2021/0716/PMP-Funding-Letter-vF07.9.21.pdf requesting the legislature appropriate $5.4 million for 2022-23 biennium to fund the Texas State Board of Pharmacy’s Prescription Monitoring Program (PMP). It is critical that these funds be appropriated before September 1, 2021, to prevent any PMP usage interruptions. Without funding, these critical tools to help slow and prevent the opioid abuse crisis may cease.
Finally in Texas, the state Comptroller Glenn Hegar’s (R) latest revenue estimate released last week in advance of the special session shows the current two-year budget cycle with a general revenue balance of $5 billion for the fiscal cycle that ends on August 31, 2021.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
Effective July 1, 2021, the Vermont Medicaid program will allow reimbursement for pharmacists providing tobacco cessation counseling. Tobacco Cessation CPT codes 99406 and 99407 will be open for pharmacist to bill with no PA required. Further details are provided in this Vermont communication.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Arizona
The Industrial Commission of Arizona posted the 2021-22 Fee Schedule Staff Proposals and Request for Public Comment on June 29. The proposal relates to Workers’ Comp claims. The 2021-22 Arizona Physicians’ and Pharmaceutical Fee Schedule includes a new product reimbursement methodology including NADAC. A public hearing will be held on July 29.
Also in Arizona, on July 2, Gov. Doug Ducey (R) announced plans to rescind a variety of pandemic-related executive orders (EOs) related to the public health emergency including these pharmacy-related EOs:
- Effective July 1, the following EOs was rescinded:
- Executive Order 2020-17 deferred requirements to renew state agency and board licenses that had an expiration date between March 1, 2020 and September 1, 2020 by six months from the expiration date unless those requirements could be completed online. The timeframe for the deferrals lapsed on March 1.
- Executive Order 2020-58 ensured cost-sharing requirements, such as co-pays and co-insurance, for the COVID-19 vaccine are waived. This policy was codified by congress through the CARES Act.
- Effective July 9, the following EO was rescinded: Executive Order 2020-20 allowed pharmacists to dispense emergency refills of maintenance medications for up to 180 days, minimizing unnecessary trips to the doctor. With legislation expanding availability of telemedicine, obtaining refills is now more accessible.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
Pharmacy facility licenses with a PHY prefix may be renewed on the Board of Pharmacy’s website with credit card payment. Online payments may be submitted no more than 60 days prior to the expiration date and allow two business days for processing.
Also in California, the Department of Health Care Services reminds providers that the California poppy and blue and white version of the Benefits Identification Card (BIC) are still be to accepted by providers, and providers must continue to verify eligibility.
Also, the California, the Board of Pharmacy will conduct several committee meetings as follows. The Full Board Meeting will be held on July 28-29; agenda and materials will be posted on the website in advance.
- Licensing Committee agenda for July 14
- Communication and Public Education Committee agenda for July 14
- Enforcement and Compounding Committee agenda for July 15
- Legislation and Regulation Committee agenda for July 15
Also in California, AB 128, the 2021-22 budget bill authorizing Medi-Cal coverage of continuous glucose monitors for adult individuals with type 1 diabetes effective January 1, 2022, has been signed into law (Chapter 21, Statutes of 2021).
Finally in California, the Board of Pharmacy announced the extension of the pharmacy law waiver related to retired or canceled pharmacist licenses until September 1 or when state of emergency ends, whichever is sooner.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
The Department of Health proposed to amend regulations under FAC 64D-3 to add the coronavirus (COVID-19) to the list of reportable diseases and conditions. Comments and hearing requests are due July 21.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
The Department of Human Services issued a proposed rule that would amend regulations under 77 IAC 2070 to add dronabinol oral solution and capsules to the list of Schedule II controlled substances. Comments are due August 9.
Also in Illinois, the Department of Healthcare and Family Services has posted a new Provider Notice regarding Critical Access Pharmacy (CAP) Dispensing Fee Fiscal Year 2022 Attestation.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Louisiana
The Department of Health (LDH) issued several new Medicaid bulletins for pharmacies:
- Louisiana Medicaid Pharmacy Point of Sale Diagnosis Code Requirements for Select Drugs – Effective July 1, 2021
- Louisiana Medicaid Pharmacy Point of Sale Quantity Limit for Dulaglutide (Trulicity®) – Effective July 1, 2021
- Louisiana Medicaid Pharmacy Point of Sale Clinical Authorization and Criteria Updates for Select Drugs – Effective July 1, 2021
- Louisiana Medicaid Pharmacy Educational Alert for Opioid Prescriptions – Effective July 1, 2021
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Minnesota
Gov. Tim Walz (D) signed HF 33, the Health and Human Services omnibus budget bill on June 29. Notably, the final bill includes an increase in the Medicaid professional dispensing fee from $10.48 to $10.77, an expansion of the list of drugs permitted to be dispensed in a 90-day supply, an allowance for medication therapy management via telehealth and a requirement that Medicaid conduct a cost of dispensing study to determine a statewide dispensing fee for specialty drugs.
Also in Minnesota, the Board of Pharmacy posted an announcement and FAQs that they rescinded COVID operational variances due to Gov. Walz ending the state of emergency on July 1. The Board expects pharmacies to be compliance with current statute and rules by July 16. The announcement clarifies that the PREP Act and Declarations pre-empt state laws and remain in effect.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
NACDS submitted comments opposing the inclusion of discount cards and programs in the definition of Usual and Customary that could contribute to below-cost pharmacy reimbursement.
Also in Missouri, Gov. Mike Parson (R) signed into law legislation passed during the special session that extends the Federal Reimbursement Allowance (FRA) program, which is a provider tax on pharmacies, hospitals, nursing homes and other health-care providers that are critical to drawing down federal match to fund Missouri’s Medicaid program to 2024. The FRA is currently set to expire September 30. (SB 1)
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The next meeting of the Medicaid DUR Board Meeting will be held on July 13.
Also in Nebraska, given the expansion of testing availability throughout the state and decreased volume of specimens submitted to Test Nebraska, the Department of Health and Human Services announced that Test Nebraska will no longer be collecting COVID-19 specimens after July 18.
Finally in Nebraska, Gov. Pete Ricketts (R) announced the end of the coronavirus state of emergency at 11:59 p.m. on June 30. The Governor issued Executive Order (EO) 21-09 to rescind pandemic-related executive orders. With a few exceptions, the coronavirus executive orders will expire on July 30, which is thirty days after the state of emergency ends. NACDS researched and identified the following as impacting pharmacies, pharmacists, interns and/or technicians and expiring on July 30.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
North Carolina
The Board of Pharmacy announces a notice to issue a temporary rule that would adopt regulations under 21 NCAC 46 to establish standards under which a pharmacist can administer long-acting injectable pharmaceuticals formulated to produce sustained release and gradual absorption. The rule also would establish recordkeeping requirements. A hearing is scheduled for August 2 by teleconference. Comments are due August 3.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Ohio
On June 30, Gov. Mike DeWine (R) signed HB 110, the biennial state budget bill. Included in the bill is a total of $15 million ($5,000,000 in Fiscal Year 2022 and $10,150,000 in Fiscal Year 2023) to continue funding for the Medicaid managed care pharmacy supplemental dispensing fees.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oklahoma
REMINDER: The Board of Pharmacy cancelled all the COVID waivers effective July 1. If there is a need for a COVID waiver, then a request to reapply must be made to the board.
Also in Oklahoma, beginning July 1, the Board of Pharmacy transitioned to an online system where all new licenses and license renewals must be paid for through the Board’s online store. The Board will only accept credit card payments (Mastercard or Visa) or Electronic Fund Transfers (EFT). For additional information, contact the Board.
Lastly in Oklahoma, the Board issued this reminder that the law on E-Scripts and OBNDD (Oklahoma Board of Narcotics and Dangerous Drugs) prescription pads does not apply to prescribers practicing in a federal facility, including Indian Health Services/Tribal pharmacies. The Board explained this is because prescribers can work there and be licensed in another state and not be licensed in Oklahoma. Furthermore, the Board stated the prescriptions from these federal facilities are legal and appropriate to fill if all other requirements are met.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The PACE program issued a Bulletin announcing it will reinstate the early refill edit that was temporarily lifted due to COVID-19 concerns. Additionally, the edit allowing a temporary override for quantities greater than 100 and a day’s supply greater than 30 will be removed when PACE is the primary payer. Both will be effective August 2. Questions may be directed to Provider Services at 1-800-835-4080.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
Gov. Greg Abbott (R) convened a 30-day special session of the Legislature on July 8 to address unfinished business, including election integrity, bail reform and several other issues.
Also in Texas, in advance of the August 3 quarterly board meeting, the Board of Pharmacy is seeking comments by July 27 on several proposed rules:
- Proposed rule updating the internship hours requirement to reflect the Accreditation Council for Pharmacy Education requirement.
- Proposed rule increasing the pharmacist initial license fee from $332 to $360 and the biennial renewal fee from $329 to $357.
- Proposed rule increasing the pharmacy technician initial registration fee from $83 to $84 and the biennial renewal fee from $80 to $81.
- Proposed rule increasing the pharmacy initial license fee from $507 to $538 and the biennial renewal fee from $504 to $535.
- Proposed rule allowing Class A or Class C pharmacies to provide remote pharmacy services using an automated disposing and delivery system.
Also in Texas, the Department of State Health Services (DSHS) is encouraging vaccine providers to participate in weekly webinars on Tuesdays from Noon-1:30 PM Central time. Preregister for the upcoming July 13 webinar here. Highlights from past webinars are available online COVID-19 Vaccine Providers Webinars page.
Finally in Texas, the Health and Human Services Commission’s (HHSC) Vendor Drug Program (VDP) maintains a Specialty Drug List (SDL) for Medicaid Managed Care (MCO). Currently, HHSC reviews and adjusts the drug list quarterly. VDP is proposing changing the SDL publication schedule from quarterly to twice a year, giving MCOs more time to finalize contracts with pharmacies in their specialty networks. VDP is soliciting comments on this draft policy change by July 19 at 5:00 p.m. to the VDP Operations.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
West Virginia
The Board of Pharmacy proposed amendments to regulations under 15 WVCSR 16 to reduce the biennial pharmacist license renewal fee to $50 for applicants aged 65 years or older. Comments are due July 15.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Wyoming
Effective June 16, the Board of Pharmacy amended regulations under Chapter 16 adding vaccines approved by the US Food and Drug Administration for COVID-19 and allowing the administration of vaccines to children and healthy adults in accordance with current Centers for Disease Control and Prevention recommended vaccine schedules.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
On June 11, 2021, Gov. Gavin Newsom (D) signed Executive Order (EO) N-08-21, rolling back the provisions of numerous Executive Orders previously issued in response to the COVID-19 Public Health Emergency. Among these is the provision in paragraph 4 of EO N-55-20 that included the pharmacy waived delivery restriction that will expire June 30, 2021. Effective July 1, 2021, beneficiaries and clients, or their representatives, will need to sign for medications in person from their home or sign onsite at their provider location for all Department of Health Care Services programs.
Also in California, as a reminder, the Remote Processing (BPC section 4071.1(a)) limited waiver will expire on June 30, 2021. Note: although the waiver is expiring, persons or entities may request a site-specific waiver from the Board.
Also in California, on June 11, 2021, the Department of Health issued the State Public Health Officer Order of June 11, 2021, mandating various requirements as of June 15, 2021. The order replaces the previous pandemic public health orders with limited requirements related to face coverings, mega events and child and youth environments.
Also in California, NACDS and the California Retailers Association submitted a letter to the Senate Business, Professions & Economic Development Committee expressing opposition to AB 1533, the Board of Pharmacy sunset bill, unless it is amended to modify and clarify the provisions allowing the Board of Pharmacy to levy penalties of up to $1 million on chain pharmacies that would be excessive and disproportionate to the violations in question.
Also in California, the Office of Administrative Law has approved a proposal to add section 1747 to Title 16 of the Code of Regulations, regarding independent authority to furnish HIV Preexposure and Postexposure Prophylaxis and the order of adoption has been posted. The new regulation was effective June 8, 2021.
Also in California, the Office of Administrative Law has approved a proposal to add section 1717.5 in Article 2 of Division 17 of Title 16 of the Code of Regulations, regarding Automatic Refill Programs and the order of adoption has been posted. The new regulation is effective July 1, 2022.
Lastly in California, the California Privacy Protection Agency Board, created by Proposition 24, held its first board meeting on June 14, 2021. The meeting focused on how to staff the agency as they organize it to get up and running. All board members agreed that a monthly meeting was necessary; however, no specific meeting date was provided.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
An emergency rule of the Department of Health adopts regulations under FAC 64DER21-9 to require all health care practitioners and other enrolled coronavirus (COVID-19) vaccine providers to report to the online immunization information system within 72 hours the administration of any COVID-19 vaccine with an emergency use authorization from the FDA. The rule replaces a March 17, 2021, emergency rule on the same topic. The rule is effective June 11, 2021 and expires September 9, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
Gov. J.B. Pritzker (D) has signed SB 2017. Effective June 17, 2021, the legislation (page 549) allows for pharmacists to order and administer vaccines listed on the U.S. Centers for Disease Control and Prevention (CDC) Recommended Immunization Schedule, the CDC’s Health Information for International Travel or the U.S. Food and Drug Administration’s Vaccines Licensed and Authorized in the U.S. The legislation also authorizes that, when applicable, vaccines ordered and administered must be covered and reimbursed at no less than the rate that the vaccine is reimbursed when order by a physician.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
Effective July 1, 2021, community pharmacies in Iowa may begin to submit electronic claims for reimbursement of DisposeRx® (or other branded medication disposal solutions) dispensed to Iowa residents who may be at risk of an accidental opioid or other controlled substance misuse or overdose. Additional information, including the pharmacy electronic billing process, is available in the Disposal Kit Dispensing Program FAQ document on the Board of Pharmacy’s website.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
As of June 29, 2021, pharmacies will not have to obtain identification for a patient person purchasing hypodermic syringes and needles or maintain a logbook for these purchases. The change is a result of the passage of HB 219 of 2021. The new law also details the conditions under which pharmacies may sell syringes without a prescription, including providing written or electronic materials on safe disposal and syringe exchange programs and offering the patient Naloxone. Lastly, the law clarifies that syringes sold under these provisions do not constitute drug paraphernalia.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
In response to a survey from the Louisiana Department of Health (LDH), NACDS submitted comments recommending ways LDH can improve the pharmacy benefit delivery models used by the state’s Medicaid managed care organizations. Specifically, NACDS suggested that they adopt policies to help ensure patient access to neighborhood pharmacies by promoting the ability for any willing pharmacy to participate in a managed care organization’s network provided that a pharmacy accepts the terms and conditions of that network. We also advocated that LDH carve out the prescription drug benefit from the Medicaid managed care program to the state’s fee-for-service program. Lastly, we recommended the adoption of a Medicaid managed care reimbursement methodology that seeks to ensure a pharmacy’s costs are covered, which aligns with methodology used under the state’s Medicaid fee-for-service program.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maryland
As a result of Gov. Larry Hogan’s (R) termination of the State of Emergency that will be effective July 1, 2021, the Department of Health’s Office of Pharmacy Services announced they will rescind the waiver allowing pharmacies to deliver without a receiver signature. Therefore, effective August 15, 2021, the Medicaid Fee-for-Service Program will require pharmacies to record signatures when delivering prescriptions.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.