North Carolina

Dr. Betsey Tilson, State Health Director, rescinded the following Statewide Standing Orders due to the high prevalence of the Omicron variant of SARS-CoV-2 virus in North Carolina for which these therapies are not an effective treatment:  

  • Statewide Standing Order for Subcutaneous Administration of Casirivimab/ Imdevimab (REGEN-COV) Monoclonal Antibodies
  • Statewide Standing Order for Intravenous Administration of Casirivimab/ Imdevimab (REGEN-COV) Monoclonal Antibodies
  • Statewide Standing Order for Intravenous Administration of Bamlanivimab/ Etesevimab Monoclonal Antibodies  

The recission orders can be accessed here: https://covid19.ncdhhs.gov/guidance#vaccination-info-for-providers  

These Statewide Standing Orders may be reactivated in the future depending on the effectiveness of the therapies on circulating variants.  

Also in North Carolina, reminder effective Jan. 10, 2022, NC Medicaid-enrolled pharmacies may bill for FDA approved over the counter (OTC) COVID-19 tests dispensed for use by NC Medicaid beneficiaries in a home setting, with or without a prescription issued by an NC Medicaid-enrolled provider. NC Medicaid Direct beneficiary implementation date is Jan. 10, 2022. Refer to beneficiaries' managed care plan for guidance on the specific plan's implementation date.  

Finally, NC Medicaid will cover one kit per claim per date of service, with a maximum of four test kits every 30 days. Covered test kits are listed below. Please note that some kits will include two tests.  

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

January 28, 2022|North Carolina|

Oklahoma

The National Association of Insurance Commissioners (NAIC) announced that Oklahoma Insurance Commissioner Glen Mulready would serve as chair of the NAIC Health Insurance and Managed Care (B) Committee for the 2022 term.

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

January 28, 2022|Oklahoma|

Oregon

The Board of Pharmacy posted the agenda and meeting materials for the February 9-11, Board Meeting. 

Also in Oregon, the Board of Pharmacy issued a notice requesting fiscal impact for Pharmacy Prescription Lockers (PPL) from stakeholders. Note: any information provided to the Board becomes a public record. 

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

January 28, 2022|Oregon|

Pennsylvania

The state has reissued billing guidance for the Pharmacy Naloxone Copay Assistance Program, because of claims – otherwise eligible- but rejected due solely to coding errors. The claims are eligible for correction for payment. NACDS reminds members that naloxone claims from any patient, regardless of type of insurance coverage, are eligible for the copay to be reimbursed to the pharmacy. The program, which NACDS and PACDS helped the Governor's Opioid Taskforce develop with member input, is funded through federal grants and meant to incentivize greater naloxone access to all Pennsylvanians. It is run on the PACE program system merely to streamline the adjudication process for pharmacies. 

Also in Pennsylvania, The Department of Human Services published a Bulletin for COVID Oral Antiviral Treatments billing procedures and codes for pharmacies. 

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

January 28, 2022|Pennsylvania|

Virginia

The Board of Pharmacy issued the following clarification regarding pharmacy technicians' authority to administer vaccines:  

As part of his COVID Action Plan, Governor Glenn Youngkin signed Executive Order 11, to give flexibility and support to healthcare providers, hospitals and other healthcare facilities. Paragraph 13 of Executive Order 11 increases the number of persons performing the duties of a pharmacy technician that a pharmacist may supervise to five (5) and exempts pharmacy technicians performing COVID-19 administrative tasks from being counted in the ratio. Please be advised that the administration of a CLIA-waived test or vaccine does not constitute an administrative task.  Additionally, the decision regarding the number of pharmacy technicians a pharmacist will supervise, and whether any other duty constitutes a COVID-19 administrative task, is a decision that must be made by the Pharmacist-in-Charge or pharmacist on duty, pursuant to 18VAC110-20-112(A) and 18VAC110-20-110(C).  The Executive Order shall remain in effect until February 21, 2022, unless sooner amended or rescinded by further executive order or directive.  

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

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

January 28, 2022|Virginia|

Washington

Apple Health (Medicaid) covers overthecounter (OTC) COVID-19 tests with or without a prescription for clients. An adjudicated pharmacy claim is required for reimbursement. Pharmacies may not bill for test administration of an OTC COVID-19 test as these tests should be used by the patient in the home setting.

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

January 28, 2022|Washington|

California

On January 10, Gov. Gavin Newsom (D) released his proposed 2022-23 State Budget. Both the Governor's Budget Summary (See page 109+ for Health and Human Services) and Proposed Budget Detail have been posted. Of interest in the Health and Human Services section include: 

  • Savings related to Medi-Cal Rx Implementation ($327 Million)
  • Savings related to Pharmacy Recoupment (See bottom of page 10.) ($100 Million)  

Legislative hearings and negotiations will begin and February and continue through May. The Governor will release a revised budget in May. 

 Also in California, the Department of Health Care Services published the following alerts: 

Also in California, the Board of Pharmacy sent a notice about reissued pharmacy law waivers in response to Gov. Gavin Newsom's (D) declaration of emergency and the nation declaration of emergency. 

Also in California, the Board of Pharmacy issued a Notice of Meeting and Agenda for the Teleconference Medication Error Reduction and Workforce Committee Meeting on January 27. Meeting materials will be posted on the website in advance.  

Finally in California, the Board of Pharmacy published a Notice of Meeting and Agenda for the Teleconference Public Board Meeting scheduled to be held January 27-28. Meeting materials will be posted on the website in advance.

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

January 20, 2022|California|

Florida

Effective January 1, 2022, the UnitedHealthcare of Florida, Inc., and UnitedHealthcare Insurance Company Dual-Eligible Special Needs Plans (D-SNP) changed their names to Care Improvement Plus South-Central Insurance Company d/b/a UnitedHealthcare Dual Complete. All member benefits, provider networks, and plan telephone numbers remain the same. United Healthcare continues to be responsible for the services provided to members of United Healthcare Dual Complete Plan including Medicare and Medicaid services. The website will remain www.UHCCommunityPlan.com  

Contact numbers: Member and Provider Services: 1-844-560-4944  

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

January 20, 2022|Florida|

Georgia

Immunization Delivery Training for Pharmacy Technicians. A 6.0 hour CE program consisting of both home-study and live training. Under HHS authorization (PREP Act 10.20.20) trained pharmacy technicians can administer certain vaccines under the supervision and authorization of a pharmacist. GPhA is offering live training on 

 Saturday, February 19, 2022 
9:00 am – 12:00 pm
Georgia Pharmacy Association Classroom  

GPhA's Immunization Delivery Training program for Pharmacy Technicians is recognized as an education provider for the Pharmacy Technician Certification Board's (PTCB) Immunization Administration Assessment-Based Certificate. CLICK HERE for more information and to register! 

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

January 20, 2022|Georgia|

Illinois

The Illinois Department of Healthcare and Family Services has posted the October 21, 2021 D & T Advisory Board Meeting Minutes at the following link. 

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

January 20, 2022|Illinois|

Kentucky

SB 25 passed the General Assembly last week and extended COVID executive orders until 4/4/22. Of interest to pharmacy, this bill continues emergency dispensing, remote work for pharmacists, and the ordering and administering vaccinations and COVID-19 testing.  

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

January 20, 2022|Kentucky|

Maryland

The Maryland Insurance Administration (MIA) has released its report on the impact of Rutledge v. PCMA court decision and the subsequent Webhi decision on Maryland law and the MIA's ability to regulate Pharmacy Benefits Managers (PBMs) relationships with pharmacies in Maryland. The report was mandated by the passage of HB 601 of 2021. It concluded that, should the legislature pass legislation regulating PBMs when providing services to an ERISA plan, ERISA would not preempt the MIA's enforcement of those laws. The report also provides a summary of previously passed laws related to PBMs in Maryland and MIA's current methods of enforcing them. The report cites comments jointly submitted from NACDS and the Maryland Association of Chain Drug Stores last fall, which highlighted examples of pro-pharmacy laws that align with the Rutledge decision. 

Also in Maryland: On December 15, the Department of Health (MDH) issued an updated Vaccination Matters Order and guidance 

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

January 20, 2022|Maryland|

Minnesota

The Division of Insurance of the Department of Commerce’s Final Rule on PBM Licensure and Regulation was adopted with the revisions, published in the register, and became effective Jan 18. For further detail and background or to read stakeholder comments, including those filed by NACDS, go to the Department’s rulemaking page.

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

January 20, 2022|Minnesota|

Montana

The Board of Pharmacy reminds pharmacies that the temporary emergency rule (MAR 24-174-77) expired on January 11, 2022; this temporary rule included the removal of the pharmacist to pharmacy technician ratio for purposes of vaccine and testing administration and allowed other healthcare providers authorized to administer vaccines to assist pharmacists with vaccine administration. Since these provisions are no longer in effect, the pharmacist to pharmacy technician ratio is 1:4 per ARM 24.174.711. 

Also in Montana, the Board of Pharmacy issued a Notice of Public Hearing on Proposed Amendment in MAR 24-174-78. This proposed amendment removes the pharmacist to pharmacy technician ratio, provides for certain pharmacist-in-charge oversight in staffing and allows for other healthcare providers authorized to administer vaccines to assist pharmacists with vaccine administration. The Public Hearing will be held via remote conferencing on February 4. Written comments must be received no later than 5:00 p.m. on February 11. 

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

January 20, 2022|Montana|

Nebraska

The Department of Health and Human Services published Provider Bulletin 22-04 witrecent updates on COVID-19 vaccines consistent with CDC guidance. It also published reimbursement for oral antiviral medications, vaccines, and monoclonal antibody administration. Of note, for COVID-19 oral antiviral medications purchased and provided by the government, Medicaid will pay its standard dispensing fee for fee-for-service members. The state’s Medicaid managed care health plans may pay a contractual dispensing fee to the pharmacy for Medicaid members enrolled in the health plan.

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

January 20, 2022|Nebraska|

New Hampshire

Medicaid will be issuing a pharmacy notice regarding coverage of COVID at home antigen tests as soon as it is ready to process the claims. It is anticipated that claims processing will begin around January 25. 

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

January 20, 2022|New Hampshire|

New York

Yesterday Governor Kathy Hochul (D) released her executive budget for SFY 2022-23 which contains several provisions impacting pharmacies. Several provisions deal with the scope of pharmacy practices including: 

  • NYSDOH (New York State Department of Health) Oversight of Certain Professions: Transfers the oversight of Health/Mental Hygiene professions including pharmacists from NYSED to NYSDOH. 
  • Pharmacist CLIA-Testing: Allows licensed pharmacists to perform non-invasive CLIA-waived tests like other qualified healthcare professionals and authorizes licensed pharmacists to serve as direct limited-service laboratory, directors ordering and administering such tests 
  • CDTM: Makes current CDTM law which expired this year permanent 
  • Medication Administration: Changes scope of practice laws to allow certified medication aides to administer routine medications under certain conditions, allows physicians and NPs to issue non patient specific standing orders to COVID-19, flu, and upper respiratory illness testing, and allows any individual to collect specimens from patients for COVID-19 or flu testing per training and under supervision of a registered nurse, NP, or physician 

Opioids/Addiction 

  • Naloxone/MAT: Requires pharmacies to maintain a stock of a 30-day supply of at least one version of opioid antagonists/naloxone and MAT/Buprenorphine, as permitted within DEA rules and wholesaler thresholds. Last week with the help of members, we educated OASAS about these restrictions and are glad to see they included language recognizing the limitations on pharmacies ability to stock these medications. See language in proposal attached, comments welcomed. 
  • Expanding Alcohol Awareness: Expands alcohol awareness programs to include other forms of addiction and recreational cannabis 

Also in New York, The New York Board of Pharmacy has just released its updated NYS Drug Price List dated December 2021, including the required sign that must be posted offering the list to the public upon request. 

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

January 20, 2022|New York|

North Carolina

State Health Director Dr. Betsey Tilson has issued a statewide standing order which will allow insurance coverage to cover costs for COVID home tests, including Medicaid. The link to the order can be found here. It can also be found here under the Provider Section. 

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

January 20, 2022|North Carolina|

Virginia

On January 20, Governor Youngkin (R) declared that a limited state of emergency exists in the Commonwealth due to COVID-19 and issued Executive Order 11 to provide relief for hospitals and healthcare workers. The Order is effective until February 21, 2022. Among other provisions, the order allows healthcare providers, pharmacists, pharmacy interns, and pharmacy interns with active licenses in other states to practice in Virginia; increases the pharmacy technician ratio to 5:1 and exempts pharmacy technicians performing only administrative functions from the count. Additionally, it permits licensed practical nurses to administer COVID-19 vaccines without the supervision of a registered nurse or licensed medical practitioner. It also provides certain liability protections to providers who act in good faith to protect patients.  

Following the release of the Executive Order, the Board of Pharmacy emailed a communication to licensees waiving restrictions around pharmacy central/remote processing and the utilization of pharmacists and pharmacy technicians located in other states. 

 Also in Virginia: The Department of Health has issued an updated Naloxone Standing Order signed by Dr. Colin Greene.  

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

January 20, 2022|Virginia|

Washington

In advance of the January 17th House Health Care and Wellness Committee hearing on HB 1852 / SB 5840 legislation that would require by January 1, 2023, prescription label translations in 15 languages for both the directions for use and the side effects of the drug, the latter which is not currently required to be on the label, NACDS submitted this statement for the record opposing the bill. 

 NACDS has substantial concerns that although well-intentioned, this bill would impose new  requirements for labeling prescriptions in multiple languages that would be redundant to the  ways that pharmacies ensure meaningful access to care for individuals with limited English  proficiency under 45 CFR 92.201. Moreover, we are concerned that the requirements of this bill  go beyond what is practical and could potentially undermine the numerous ways that pharmacies  already provide translation services to their patients. We, therefore, urge Washington lawmakers to reject his impractical legislation. 

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

January 20, 2022|Washington|
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