This week, California joined with Oregon and Washington in a Western States Pact to coordinate the regional reopening of the economy as the COVID-19 pandemic progresses.

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

In anticipation of the Legislature reconvening after the Easter holidays, NACDS and our in-state partners continue to review pending legislation and draft comment letters for policy bills scheduled to be heard later this month. In a joint letter to the Senate Business and Professions and Economic Development Committee, NACDS and CRA registered our opposition to SB 1084 by Senator Tom Umberg (D), which will require pharmacies to dispense Schedule II prescription drugs in lockable vials.   

Also in California… The Board of Pharmacy reminds licensed pharmacists, advance practice pharmacists, pharmacy technicians and designated representatives that you can renew your personal license online. 

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

The Board of Pharmacy’s March 27, 2020 meeting will be held via teleconference. Agenda can be found here – https://www.pharmacy.ca.gov/meetings/agendas/2020/20_mar_bd_tele.pdf  

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

The Assembly Budget Subcommittee #1 on Health and Human Services is having a hearing on March 23, 2020 to consider a State Budget request requiring the Medi-Cal program to cover continuous glucose monitors (CGMs) for adult Medi-Cal beneficiaries with diabetes. Last session, similar legislation passed but was vetoed by Gov. Gavin Newsom (D).

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

Gov. Gavin Newsom (D) appointed two new members to the Board of Pharmacy: Vons pharmacist Seung Oh and Safeway pharmacist Jignesh “Jig” Patel. Rotating off the Board were Allen Schaad and public member Valerie Muñoz.

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

The Board of Pharmacy recently adopted emergency regulations implementing SB 159, the PEP/PrEP law passed in 2019, and agreed to move forward with rulemaking to permanently adopt rules. These emergency regulations were sent to the Office of Administrative Law (OAL) which has ten days to approve and file the regulations with the Secretary of State. Emergency rules are only effective for 180 days but can be readopted until permanent rules are adopted.

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

The California Pharmacists Association (CPhA) announced that after a nationwide search, they hired former state legislator Susan Bonilla as their new President and Chief Executive Officer to run the largest statewide pharmacy association.  

Also in California... The Department of Health Care Services (DHCS) announced that they will not resume retroactive adjustments beginning February 10, 2020. The recoupment of pharmacy retroactive claim adjustments is paused until further notice. 

Also in California... Gov. Gavin Newsom (D) named primary care doctor and former CEO for the Inland Empire Health Plan Bradley Gilbert as director of the state Department of Health Care Services, which administers California’s $104 billion Medi-Cal program. Gilbert will take over for Richard Figueroa, who will transition back to his primary role as deputy cabinet secretary.  

Also in California... The Department of Health Care Services is hosting its third Medi-Cal Rx Public Forum in Sacramento on February 18, 2020 from 2- 3 PM to engage stakeholders in discussions on the Governor’s Executive Order N-01-19 which requires DHCS to transition pharmacy services for Medi-Cal managed care to fee-for-service (FFS) by January 1, 2021. DHCS will provide status updates about Medi-Cal Rx implementation activities and timelines. Please note that DHCS will only take questions and comments from those participants attending in person. Participants may also choose to join the meeting via webinar. To register for Medi-Cal Rx Public Forum February 18, 2020. For questions and/or comments, please email RxCarveOut@dhcs.ca.gov.

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

At the January 2020 Board of Pharmacy meeting, Anne Sodergren was hired as the Board’s Executive Officer. 

Also in California... In response to the Department of Health Care Services (DHCS) announcement that they would be reinstituting the Medi-Cal reimbursement clawback process effective February 10, 2020, that has been on hold since June 14, 2019, the California Pharmacist Association (CPhA) intends to file for a temporary restraining order this week against DHCS to suspend the clawbacks on pharmacies who serve Medi-Cal patients.

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

On January 15th, the online attestation portal opened for fee-for-service Medi-Cal Pharmacy providers seeking the higher of two professional dispensing fees as part of the reimbursement for covered outpatient drugs. Medi-Cal Pharmacy providers should have received a mailer that includes the URL for the online attestation portal as well as a unique login ID and password. The two-tiered professional dispensing fee is based on a Pharmacy provider’s total (Medi-Cal and non-Medi-Cal) annual pharmacy claim volume ($13.20 if fewer than 90,000 claims per year; $10.05 if 90,000 or more). Reporting the claim volume is a self-attestation process, which must be submitted electronically and must be repeated annually. 

The attestation period for the calendar year 2019 is open from January 15, 2020, through February 29, 2020. The attestation for the 2019 calendar year reporting period will determine the professional dispensing fee component of the pharmacy claim reimbursement for claims with dates of service within the state’s following fiscal year (dates of service from July 1, 2020, through June 30, 2021). For additional information, providers may refer to the Pharmacy Provider Self-Attestation FAQs on the Medi-Cal website or the Pharmacy Reimbursement Project page of the DHCS website.  

Also in California... The Department of Health Care Services renamed its multi-year reform initiative aimed at improving the health outcomes and quality of life for California’s population in Medi-Cal. Effective immediately, the broad-based effort to transform the Medi-Cal delivery system, program and payment structure formerly called California Advancing and Innovating Medi-Cal (CalAIM), will be known as Medi-Cal Healthier California for All. 

Also in California... Gov. Gavin Newsom (D) appointed Jacey Cooper to serve as the state Medicaid Director and Chief Deputy Director of Health Care Programs at the Department of Health Care Services. Cooper has been Assistant Deputy Director of Health Care Delivery Systems at the Department of Health Care Services since 2016.   

Also in California... Earlier this month, Gov. Gavin Newsom (D) signed into law several bills adding or amending laws that govern the practice of pharmacy in California. Unless specified otherwise, the new laws took effect on January 1, 2020. Many of the key provisions are summarized below.  

• AB 528 Controlled Substances: CURES Database Effective January 1, 2021, this law expands the CURES reporting requirements to include Schedule V drugs and reduces the reporting deadline to one working day from the date the prescription was released to the patient.  
• AB 690 Pharmacies: Relocation: Remote Dispensing Site Pharmacy: Pharmacy Technician: Qualifications. Effective upon signing by the Governor, this law creates a limited exemption to the licensure transferability requirements for a pharmacy to relocate because of damage caused by a declared disaster. The law also establishes specific requirements for a pharmacy technician working in a remote dispensing site pharmacy.  

• AB 973 Pharmacies: Compounding. This law requires that compounding of drug preparations by a pharmacy must be done consistent with the relevant compounding chapters of the United States Pharmacopeia-National Formulary (USP). The board recently released a policy statement regarding California legal requirements for compounding pharmacies pending information from USP regarding implementation of chapters 795, 797, and 800. The policy statement is available on the board’s website.  
• AB 1723 Clinics: Purchasing Drugs at Wholesale. This law increases the maximum hours of operation for a primary care community clinic or free clinic from 20 hours to 40 hours per week.  
• SB 159 HIV Preexposure and Postexposure Prophylaxis. This comprehensive law authorizes pharmacists to independently initiate and furnish HIV preexposure and postexposure prophylaxis under specific conditions. Key provisions also require the Board of Pharmacy, in consultation with the Medical Board of California (MBC), to approve training programs that pharmacists must complete before furnishing either preexposure or postexposure prophylaxis. In addition, the law specifies guidelines issued by the federal Centers for Disease Control and Prevention (CDC) that the Board of Pharmacy must use to establish the drug or drug combinations to be furnished:  

o   For HIV preexposure prophylaxis: “2017 Preexposure Prophylaxis for the Prevention of HIV Infection in the United States – 2017 Update: A Clinical Practice Guideline,” or any subsequent guidelines published by the CDC.  

o   For HIV postexposure prophylaxis: “Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV–United States, 2016,” or any subsequent guidelines published by the CDC.  

The law also requires the Board of Pharmacy to consult with the medical Board in developing emergency regulations to be adopted by July 1, 2020, to implement the law. The board’s Licensing Committee held a meeting in early January with stakeholders regarding implementation of SB 159, and the committee will report its recommendations at the January 29-30 board meeting in Glendale.  

• SB 569 Controlled Substances: Prescriptions: Declared Local, State, or Federal Emergency. This law authorizes a pharmacist to fill a prescription for a controlled substance that does not conform to the controlled substances security form requirements under specific conditions.

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