Missouri
Legislation that would expand pharmacists' scope of practice bill, HB 2452 by Rep. Bennie Cook (R) was referred to the House Emerging Issues Committee. Hearing date has not been set.
Also in Missouri, HB 2452 & SB (Senate Bill) 1126, legislation has been filed in both the House and Senate that proposes to modify the definition of a medication therapeutic plan by repealing language defining it by the prescription order must be specific to each patient, The bills also would re-define the practice of pharmacy to include the ordering and administering of U.S. FDA-approved or authorized vaccines to persons at least 7 years of age or the CDC-approved age, whichever is 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.
Finally in Missouri, effective February 4, 2022, an emergency rule reinstated pharmacy's ability to use out-of-state vendors to help fill orders for drugs.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nevada
Gov. Steve Sisolak (D) ended the state’s mask mandate effective immediately, February 10, 2022.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Carolina
In response to the passage of House Bill 96 and House Bill 196, the North Carolina Board of Pharmacy has published proposed rules in the North Carolina Register to implement this legislation in three specific areas. The Board will accept written comments on these rules until May 2, 2022, and these comments can be sent to Jay Campbell by email at ncboprulemaking@ncbop.org. The Board will also hold a remote public hearing on these proposed rules on April 28, 2022, at 10:00 am.
- House Bill 96 required the North Carolina Board of Pharmacy to adopt rules creating a Code of Ethics for Pharmacists. The Board has proposed 21 NCAC 46 .1820 incorporates the American Pharmacist Code of Ethics.
- House Bill 96 authorized pharmacy technicians and pharmacy interns to administer vaccines and immunizations allowed under N.C.G.S. 90-85.15B including COVID-19 Vaccines and Influenza vaccines for patients ten years of age and older. The Board has proposed changes to 21 NCAC 46 .2507 (Administration of Vaccines by Pharmacists) by creating a new subsection (c) to set-out the requirements for pharmacy technicians and pharmacy interns to administer these vaccines including required training, supervision, offers of counseling and continuing education. Of note the required training is a practical training program approved by the Accreditation Council of Pharmacy Education.
Code of Ethics for Pharmacists (21 NCAC 46.1820) and Changes to Immunizing Pharmacists Rules (21 NCAC 46.2507) – http://www.ncbop.org/LawsRules/1820_2507ProposedCodeofEthics_AdminVaccinesPublicHearingApr282022.pdf
- House Bill 196 and subsequently amended by House Bill 96 authorizes immunizing pharmacists to administer long-acting injectables and the proposed 21 NCAC 46 .2514 implements this new practice area by defining what constitutes a "long-acting injectable", provides training requirements and acceptable training programs, sets out a standard as far as possession of the long-acting injectable drug and creates records keeping requirements for the immunizing pharmacist.
Administration of Long-Acting Injectables (21 NCAC 46. 2514) – http://www.ncbop.org/LawsRules/2514_ProposedRuleAdminLongActingInjectablesPublicHearingApr282022.pdf
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Ohio
The Department of Health has announced that for a limited time, vaccine providers who plan to administer COVID-19 vaccines to children ages 6 months through 4 years can place advance orders for the vaccine. This advance ordering window allows providers the chance to be among the first recipients of the new formulation created for this age group. Ordering is now open through the ImpactSIIS Vaccine Ordering Management System (VOMS), and orders for this initial ordering window must be submitted no later than noon on Thursday, Feb. 10, 2022. It is important to note that any providers placing orders for this first set of deliveries must have staff available to receive the shipment on President's Day, Feb. 21.
Also in Ohio: The Joint Medicaid Oversight Committee (JMOC) will hold their monthly meeting on February 17 at 9am in the Senate Finance Room. Medicaid Director Maureen Corcoran will provide an update on programs. You can access more information on JMOC's webpage and it may be streamed and recorded on The Ohio Channel.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Pennsylvania
The Department of Human Services has issued a bulletin announcing that Chartwell Pennsylvania will be the new Specialty Preferred Pharmacy Provider for Fee-For-Service beginning July 1, 2022. Further details are included in the bulletin.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Tennessee
The Tennessee Department of Health is expanding access to COVID-19 vaccine with a particular focus on rural and underserved areas. TDH (Tennessee Department of Health) is partnering with pharmacies and community health clinics to add more than 100 new vaccination sites across the state.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The Retailers Association (TRA) selected John McCord as their new Executive Director. McCord joins TRA after leading legislative efforts for the National Federation of Independent Business in Texas.
Also in Texas, the Vendor Drug Program (VDP) Medicaid provided an update to the Clinical Prior Authorization Assistance Chart. The Health and Human Services Commission (HHSC) requires MCOs to implement specific clinical prior authorizations for clients enrolled in managed care. Usage of other clinical prior authorizations will vary between MCOs at the discretion of each MCO. HHSC publishes a criteria guide for each prior authorization with a description of the steps in the evaluation process. All steps apply to traditional Medicaid claims processed by HHSC. The assistance chart identifies which clinical prior authorization each MCO uses and whether the MCO uses all or some of the steps in the evaluation process.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Utah
The Department of Commerce Division of Occupational and Professional Licensing temporarily suspended enforcement of the e-prescribing requirement effective January 1, 2022.
Also in Utah, the Department of Commerce Division of Occupational and Professional Licensing issued an emergency rule amending regulations R156-37f to require pharmacists to report the prescription origin code (DSP12) to the state's-controlled substance database. The emergency rule was effective January 1, 2022, and expires May 1, 2022.
Also in Utah, the Department of Commerce Division of Occupational and Professional Licensing published a final rule amending regulations under R156-17b to update pharmacy practice standards and requirements for transfer of a legend prescription and dispensing of emergency prescriptions. Among its various changes, the rule also defines "consulting pharmacist," "designated representative," and "responsible individual," and updates standards for compounding relating to flavoring agents. It was published on February 1 in the "Utah State Bulletin" Vol. 2022, No. 3, p. 367. The revised "Pharmacy Practice Act Rule" has been posted to the website.
Finally in Utah, the Board of Pharmacy will meet on February 22 and has posted an agenda. The Board also announced a meeting for March 22; agenda is pending.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Virginia
HB 1323, sponsored by Del. Orrock (R) was reported from the House Health, Welfare, and Institutions Committee this week. The bill, a priority for NACDS, would continue the immunization authority extended to pharmacies by the PREP Act when the Federal Public Health Emergency expires. The bill was amended in committee with language negotiated with the pediatric community regarding physician notification and providing patient follow up in the rare event of an adverse reaction. The bill now goes to the full House for consideration.
Also in Virginia, to increase accessibility of at-home COVID-19 test kits, VDH has developed a Standing Order to help pharmacies be able to adjudicate test kit claims and receive reimbursement. It has also been posted on the VDH website. Please note that DMAS published their coverage of at-home COVID-19 test kits policy at the end of last week.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Washington
Legislation of concern to pharmacies that mandates prescription label translations was amended for a second time on the House floor and approved by the full House. NACDS will work with other pharmacy groups on the Senate side to get the House Health Care and Wellness Committee Substitute language restored. (HB 1852)
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wisconsin
The Wisconsin Department of Safety and Professional Services has added two drugs, Crotonyl Fentanyl and Remimazolam, to the controlled substance list.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Alaska
The Board of Pharmacy proposed rules updating qualifications and for pharmacists, pharmacy technicians, pharmacies, outsourcing facilities, wholesale drug distributors, and third-party logistics providers requirements to apply for an emergency permit and renewal application requirements. It also repeals the emergency courtesy license and establishes temporary courtesy licenses for an active-duty military member or their spouse.
Also in Alaska, the Division of Corporations, Business and Professional Licensing (CBPL) conducted a thorough fee analysis and is proposing a decrease in licensing fees for pharmacist, pharmacy technician, and certain pharmacy licenses.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
The Board of Pharmacy is scheduled to meet February 9-10. Once available, the agenda will be posted on the website.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The following alerts have been posted to the Medi-Cal Rx Web Portal:
- Daily Office Hour Sessions
- Medi-Cal Rx Monthly Bulletin
- Enteral Nutrition Updates
- New Medications for Automatic Prior Authorization (Auto-PA)
Also in California, the Department of Health Care Services (DHCS) provided the following information related to over the counter COVID-19 testing:
- DHCS Communications – Stakeholder News
- Medi-Cal Rx Coverage of Over-the-Counter COVID-19 Antigen Test Kits
- List of Covered Emergency Use of Authorization (EUA) COVID-19 Antigen Tests (Note: the information at the top of the spreadsheet regarding reimbursement and dispensing of test kits.)
- Department of Health Care Services' Medical Director's Prescribing Order COVID-19 Testing Accessibility for Over-the-Counter, FDA-authorized, Self-Administered COVID-19 Antigen Tests for All Eligible Medi-Cal Beneficiaries
Also in California, the Department of Health Care Services adjusted the release date of the Med-Cal Managed Care Plan (MCP) Request for Proposal (RFP) from February 2 to February 9. Note: this adjustment will not affect the implementation date of January 2, 2024.
Also in California, the Board of Pharmacy took the following actions during its recent public meeting held January 27-28. A complete list of actions is available here.
- Voted to modify language and initiate a 15-day comment period on the modified text for Title 16, California Code of Regulations (CCR), sections 1793.5, 1793.6, and 1793.65, related to Pharmacy Technician Application.
- 15-Day Comment Period: January 28 to February 12
- Notice of Modified Text
- Modified Text
- Voted to modify language and initiate a 15-day comment period on the modified text for CCR section 1708.1, related to Notification of Temporary Closure.
- 15-Day Comment Period: January 28 to February 12
- Notice of Modified Text
- Modified Text
- Voted to modify language and initiate a 15-day comment period on the modified text for CCR section 1715.65, related to Inventory Reconciliation.
- 15-Day Comment Period: January 28 to February 12
- Notice of Second Modified Text
- Second Modified Text
Also in California, the Board of Pharmacy issued an AMENDED WAIVER: Prescriber Dispensing of COVID-19 Antiviral Medication to an Emergency Room Patient.
Also in California, AB (Assembly Bill) 1400, legislation that would have implemented single payer in the state, will not advance this year. It did not have enough votes to pass out of the Assembly so the author (Assemblymember Ash Kalra (D)) decided not to bring it up for a vote.
Finally in California, last Friday, Attorney General Rob Bonta announced investigations into business operating loyalty programs and send notices regarding noncompliance with the California Consumer Privacy Act (CCPA).
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
The Agency for Health Care Administration (Agency) is in the process of updating the 2022 fee schedules, which includes updates to procedure codes and reimbursement rates for services provided in the fee-for-service Medicaid delivery system. The Agency's fee schedule drafts are available on the Agency's website here.
Prior to initiating the rule making process, the Agency is requesting feedback from providers regarding inconsistencies or discrepancies that may be present in the draft fee schedules. Feedback may be provided through this survey link. The link will be active until 5:00pm EST on February 7, 2021.
The purpose of this exercise is to identify any errors in the fee schedules. It is not an opportunity to request increases in the reimbursement rates, unless there is a valid concern that an error occurred in developing this year's rates.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Georgia
Text replaced here!GPhA (Georgia Pharmacy Association) is offering Immunization Delivery Training for Pharmacy Technicians, a six-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, in Sandy Springs. Space is limited so do not wait. More information can be found here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Kentucky
Kentucky Medicaid has issued a new Standing Order to include at-home COVID-19 tests.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
The Department of Health (LDH) Bureau of Health Services Financing announced that effective February 7, 2022, the Medicaid Fee for Service (FFS) Pharmacy Program and Managed Care Organizations (MCOs) will pay for certain COVID-19 oral antiviral agents. Also, on January 26, the Pharmacy Program implemented coverage for OTC at home FDA authorized COVID-19 tests with no copay, with an effective date of January 17, 2022. The fee for service dispensing fee is $10.99.
Also in Louisiana, the Board of Pharmacy's Regulation Revision Committee approved with no objections the legislative proposal changing the age thresholds in pharmacy immunization law to match age thresholds in PREP Act. Next it will be considered by the full Board at their February 17th meeting in Baton Rouge.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Massachusetts
Massachusetts Medicaid, MassHealth, has released its most recent Fact Sheet to reflect recent modifications in the MassHealth drug lists.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Missouri
The Department of Social Services MO HealthNet clarified coverage for At-home COVID-19 test kits. Per the PREP Act Declaration 3rd Amendment, pharmacists can prescribe at-home COVID-19 tests that were prescribed by an enrolled MO HealthNet provider for MO HealthNet to reimburse for the at-home COVID-19 test. Pharmacists must be enrolled as a MO HealthNet provider to receive reimbursement.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The Department of Health and Human Services announced the next COVID-19 Medicaid Provider call will take place on February 16 at noon (Central).
Also in Nebraska, prior to a Health and Human Services Committee hearing, NACDS submitted a statement for the record in support of LB 812, legislation that would permit pharmacy technicians to administer vaccines under certain conditions.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nevada
Since all counties continue to be designated high risk masks are mandatory regardless of vaccination status per Gov. Steve Sisolak’s (D) Directive 045.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Hampshire
The New Hampshire Association of Chain Drug Stores testified in strong support for SB (Senate Bill) 229, a proposal which would authorize certified pharmacy technicians to immunize. The Senate Executive Departments and Administration Committee heard no testimony in opposition.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
New York
The State Education Department (SED) has released draft regulations to authorize pharmacists to administer other immunizations to patients 18 years old or older, as recommended by the ACIP (Advisory Committee on Immunization Practices) of the CDC (Centers for Disease Control) (Centers for Disease Control).
Also in New York, The New York State Department of Health has approved the release of January 2022 Medicaid Update. Links to the individual articles are also available below.
All Providers
- New Provider Enrollment Portal Coming Soon to eMedNY (Cover)
- NY State of Health Open Enrollment Period Extended as Federal Public Health Emergency Continues
Policy and Billing
- Update to Fee-for-Service Reimbursement for Federally Qualified Health Center Claims After Third-Party Payers and Managed Care Visit and Revenue Reporting Requirements
- Medicaid Fee-for-Service Guidance for Duchenne Muscular Dystrophy Drugs
- Update to New York State Medicaid Coverage of Real-Time Continuous Glucose Monitors
Pharmacy
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Ohio
The Board of Pharmacy has proposed a rule to modify the “DUR” requirements outlined in OAR 4729:5-5-08 for gabapentin prescriptions Under the existing rules for DUR, pharmacists are currently required to request and review the OARRS database prior to dispensing certain controlled substances prescriptions. The proposed rule would extend the PDMP review requirement to include certain prescriptions for gabapentin. Pharmacies have been required to report prescriptions for gabapentin to OARRS since 2016. Comments are due before the close of business on February 9 to RuleComments@pharmacy.ohio.gov and CSIPublicComments@governor.ohio.gov.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
