Several bills addressing priority issues in both NACDS’ Scope of Practice and Reimbursement Campaigns were signed into law by Gov. Wolf (D) in the last days of the 2019-2020 Legislative Session. NACDS was instrumental in the passage of these bills, partnering with PACDS and PPA:

  • HB 770 became law on November 30 as Act 140 of 2020. Effective immediately, it exempts pharmacies from the antiquated requirement in PA Clinical Lab Act that a “lab supervisor” have past employment in a lab to qualify for state approval to conduct COVID, flu, and strep CLIA-waived testing. In effect, it removes the long-standing barrier to pharmacies ordering and performing end-to-end COVID, flu, and strep tests. The bill also includes language requiring pharmacy technicians to be registered with the Board of Pharmacy and includes language permanently allowing technicians to perform remote data entry. The BOP has 18 months to promulgate regulations around technician registration, however, the remote data entry provision was effective November 30. Note: As members apply to the PA DOH for CLIA-waived approval to conduct these tests, please let us know the outcome.
  • HB 941, a PBM pricing transparency bill that includes a prohibition on clawbacks and requires transparency around transmission fees. It also orders a Legislative Budget and Finance Committee study to analyze pricing and reimbursement under the managed care program. Now Act 120 takes effect 60 days from November 25.
  • HB 943 prohibits gag clauses in contracts with PBMs. It was effective upon signing.

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