Having accepted a Conflict Avoidance Plan, the Department of Health Care Services plans full Medi-Cal Rx implementation will begin January 1, 2022, meaning the prescription drug benefit in Medicaid managed care will move to Medicaid fee-for-service. The Conflict Avoidance Plan will be posted on the DHCS website. 

Also in California, on July 1, the Department of Health Care Services updated its COVID-19 Vaccine Administration Provider FAQs. 

Also in California, the Board of Pharmacy is offering a free six-hour online CE training program, "Prescription Drug Abuse and Diversion: What a Pharmacist Needs to Know," on August 11. Preregistration is required and space is limited. For questions about the event, email the Board.  

Also in California, the Board of Pharmacy published a Notice of Proposed Action to amend section 1709 to Title 16 of the California Code of Regulations related to Ownership, Management and Control of Pharmacies and Other Business Entities. Written comments are due September 7. 

Also in California, the California Pharmacy Law Update 2021 Edition, a free continuing education webinar from the Board of Pharmacy, is now available. The program includes recently enacted pharmacy laws, recently adopted regulations, an overview of the Board's organizational structure and activities and tips for navigating the Board's website.  

Also in California, the director of the Department of Consumer Affairs issued several waiver extensions including one waiving license renewal requirements for individuals with active licenses between March 31, 2020, and September 30, 2021. 

Also in California, the governor appointed Nicole D. Thibeau, a pharmacist, to the Board of Pharmacy. Since 2013, Dr. Thibeau has been Director of Pharmacy Services at the Los Angeles LGBT Center. She previously served as a pharmacist-in-charge at both Target and CVS pharmacies. 

Finally in California, on July 27, Gov. Gavin Newsome (D) signed AB 133 (Chapter 143, Statutes of 2021) that includes language adding medication therapy management (MTM), provided by a pharmacist in conjunction with the dispensing of qualified specialty drugs, to the list of covered pharmacist services under the Medi-Cal program. It also makes an exception for MTM to the 85% Medi-Cal rate, requiring the Department of Health Care Services to implement an MTM reimbursement methodology.

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

The Board of Pharmacy has posted its agenda and meeting materials for the July 28-29 Full Board Meeting. 

Also in California, as a reminder, the COVID-19 related waivers to expand remote order entry and remote supervision expired in June 2021. The board is considering only site-specific waivers. 

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

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.

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.

NACDS and the California Retailers Association submitted a joint letter to the Senate Budget Committee and the Senate Budget & Fiscal Review Committee in support of Gov. Gavin Newsom’s (D) May Revise budget proposal to provide medication therapy management payments to the Department of Health Care Services’ contracted pharmacies dispensing specialty drugs and services to Medi-Cal beneficiaries and urged its passage.

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

The State Board of Pharmacy published its agenda for the June 17, 2021, teleconference public board meeting that includes discussion and consideration of adoption of board approved regulation, Section 1717.5 related to automatic refill program, and discussion and consideration of public comments received during the 15-day comment period on the proposed new modifications to the regulation.

Also in California, the Department of Managed Health Care released an All Plan Letter 21-016 to provide information and guidance on when health care service plans must cover COVID-19 diagnostic testing. The letter specifies that health plans must continue to cover testing as required by federal law and guidance that is still in effect and to refer to COVID-19 testing guidance issued by the California Department of Public Health.

Lastly in California, the Board of Pharmacy issued a notice amending regulations under 16 CCR 1715.6 to revise drug loss reporting requirements to establish a minimum reporting threshold and align with federal standards. Hearing requests are due July 5, 2021, and comments are due July 19, 2021

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

The Medi-Cal Rx Monthly Bulletin dated June 1, 2021, includes a summary of previously shared updates and serves as a reminder of upcoming changes, deadlines, and opportunities as outlined below:

• Changes to the Contract Drugs List, Effective June 1, 2021
• Medi-Cal Rx Training Information
• UAC Registration Troubleshooting
• Medi-Cal Rx UAC Application Roles
• Provider Registration and FAQs
• Medi-Cal Rx Transition and Resources Training

Also in California, the Department of Health Care Services (DHCS) delayed the planned Go-Live date for Medi-Cal Rx.  On May 28, 2021, DHCS posted an update for providers and will continue to communicate additional information as it becomes available.

Also in California, the Medi-Cal Update Bulletin 992 – May 2021 includes updates to the List of Enteral Nutrition Products, effective for dates of service on or after July 1, 2021, and various provider manual updates. See bulletin for additional information.

Also in California, on May 27, 2021, the DUR Board Meeting Minutes for February 23, 2021, were posted to the DUR: Board Meetings page of the Medi-Cal website.

Also in California, as the June 30 end of the fiscal year approaches, the Board of Pharmacy expects a delay in processing payments for license renewals submitted by mail during the last week of June and the first week of July and provided guidance to licensees.

Lastly in California, the Office of Administrative Law approved regulations regarding automated drug delivery systems and off-site storage of records that take effect July 1, 2021.

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

AB 1430, legislation requiring pharmacies to dispense Schedule II prescription drugs in lockable vials, was held on the Assembly Appropriations Suspense File and will not advance.

Also in California, the following bills failed the policy/legislative deadline and have become two-year bills.  They may not be acted upon until January 2022.

• AB 458, legislation creating the Affordable Prescription Drug Importation Program in the California Health and Human Services Agency (CHHSA), under which the state would be a licensed wholesaler that imports prescription drugs for the exclusive purpose of dispensing those drugs to program participants upon federal approval for the importation program.
• AB 933, legislation requiring an enrollee’s or insured’s defined cost-sharing for each prescription drug to be calculated at the point-of-sale based on a price that is reduced by an amount equal to 90% of all rebates received, or to be received, in connection with the dispensing or administration of the drug. It would also prohibit a health care service plan, health insurer, or a plan’s or insurer’s agents from publishing or otherwise revealing information regarding the actual amount of rebates the health care service plan or health insurer receives on a product-specific, manufacturer-specific, or pharmacy-specific basis.

Also in California, the Office of Administrative Law has approved the following proposals.  The amended and new regulations are effective July 1, 2021.

• To amend sections 1711 and 1713, and add section 1715.1, in Article 2 of Division 17 of Title 16 of the California Code of Regulations, regarding Automated Drug Delivery Systems.
• To amend section 1707 in Article 2 of Division 17 of Title 16 of the California Code of Regulations, regarding Waiver Requirements for Off-site Storage of Records.

Lastly in California, the Department of Health Care Services posted the User Administration Console (UAC) Registration Troubleshooting bulletin on the Medi-Cal Rx web portal.  Additionally, DHSC issued the Medi-Cal Rx User Administration Console (UAC) Application Role bulletin to prepare pharmacies and prescribers for the upcoming Medi-Cal Rx transition by providing information on the currently available applications and their functionalities within the Medi-Cal Rx Secured Provider Portal.

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

NACDS and the California Retailers Association submitted a joint letter to the Assembly Appropriations Committee in opposition to AB 1341, which will prohibit the sale of over-the-counter dietary supplements to individuals under 18 years of age without a prescription and will also require retailers and pharmacies to store these products behind the counter.  We expressed concern this will create substantial workflow issues and take time away from patient care.  Additionally, this action will restrict access to these safe FDA-regulated products forcing many consumers to turn to less-regulated, misbranded, and dangerous supplements sold online.

Also in California, on May 14, Gov. Gavin Newsom (D) released the 2021-22 Governor’s May Revision related to the state’s budget process.  Included in the Health and Human Services section of the May Revision is funding to implement an MTM program for specialty pharmacy services in the Medi-Cal program, effective July 1, 2021.  Additionally, the May Revision is absent of a clear plan of implementation for the transition of the Medi-Cal Rx prescription drug benefit from managed care to fee-for-service.  The Department of Health Care Services continues to work with the contracted vendor to finalize the conflict avoidance plan.   In light of this uncertainty, the May Revision assumes that the transition will take place on January 1, 2022, for budgeting purposes only.  The state’s contracted vendor will continue meeting with pharmacy providers to working towards future implementation of the transition.

Also in California, the Assembly Budget Subcommittee on Health & Human Services has voted to approve the Governor’s proposal to cover continuous glucose monitors for adult Medi-Cal beneficiaries. The proposal is awaiting action in the Senate. If approved by both chambers, the proposal would be included in the state budget for approval by the Governor.

Also in California, the State Board of Pharmacy published its agenda for the May 27, 2021, teleconference public board meeting.

Also in California, the Board announced the following related to pharmacy law waivers issued during the coronavirus pandemic.

• Pharmacy Law Waivers – Notice of Extension
  • Pharmacists Initiating and Administering Vaccines (related to reporting requirements)- Expiration: August 27, 2021, or until 30 days after the emergency declaration is lifted, whichever is sooner
  • Remote Processing – Expiration: June 30, 2021
• Pharmacy Law Waivers – Set to Expire – Effective through May 31, 2021
  • Use of PPE in Certain Compounding Aseptic Isolators
  • USP 797 Requirements Related to Use of PPE

Also in California, the Department of Health Care Services posted a step-by-step user guide for the Coronavirus (COVID-19) Uninsured Group Web Application Web Portal on the Medi-Cal Providers website.  The Families First Coronavirus Response Act, Section 6004, authorized State Medicaid programs to provide access to COVID-19 diagnostic testing and testing-related services at no cost to the individual.

Also in California. The Medi-Cal Update – Part 1 – Program Eligibility Bulletin – May 2021 highlights information related to ICD-10 codes for individuals in aid code V2 (COVID-19 Uninsured Group) and updates to the ineligible provider list among other program elements and updates.  Also, the Medi-Cal Update – Durable Medical Equipment and Medical Supplies – May 2021 – Bulletin 548 includes information about the new NDC for Moderna COVID-19 vaccine, updates to the List of Enteral Nutrition Products and various coding changes and provider manual updates.

Lastly in California, Attorney General Rob Bonta issued an alert advising the public that they should not be charged for their COVID-19 vaccination and warning vaccination providers not to ask individuals to pay to receive their vaccine.

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