The Maryland Insurance Administration (MIA) issued a request for input on a report being prepared for the Legislature on the scope of the U.S. Supreme Court opinion in Rutledge v. Pharmaceutical Care Management Association and how to apply the decision to Title 15, Subtitle 16 of the Insurance Article. Comments are due to MIA on Sept. 10, 2021. NACDS intends to draft comments to send out for member review. If you have any comments, you’d like us to include, please send them to Jill McCormack by Aug. 31.

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

The Board of Pharmacy recently posted an update notice regarding pharmacists, interns and technicians and immunizations under the PREP Act. The notice clarifies that when Gov. Hogan (R) lifted the State of Emergency on July 1, his executive order on pharmacy-based immunizations also expired. However, the notice recognizes that the PREP Act supersedes state law.

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

The Office of Pharmacy Services has issued an advisory to notify pharmacies that the Medicaid Fee-for-Service (FFS) Program Pharmacy Services call center helpline is returned to live call operations on July 14. If you are interested in directly receiving upcoming advisories, please forward your name, company affiliation and email address directly to: Deborah.washington@maryland.gov  

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

As a result of Gov. Larry Hogan’s (R) termination of the State of Emergency that will be effective July 1, 2021, the Department of Health’s Office of Pharmacy Services announced they will rescind the waiver allowing pharmacies to deliver without a receiver signature. Therefore, effective August 15, 2021, the Medicaid Fee-for-Service Program will require pharmacies to record signatures when delivering prescriptions.

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

The Department of Health published the Final Rule increasing the Medicaid Pharmacy Dispensing Fee from $11.49 to $11.67. The increase is retroactive to Feb. 1, 2021.   

Also in Maryland, HB14 has taken effect without the Governor’s signature. Pharmacists may now utilize the manufacturer’s expiration date on prescription drugs issued in the original manufacturer’s packaging.   

Also in Maryland, On June 15 the Department of Health issued an Amended Directive and Order Regarding Vaccination Matters that supersedes and replaces previous orders. Notably, it recognizes the ability of trained personnel to administer vaccines at vaccination sites under supervision.

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

Effective May 30, due to the enactment of HB 135 pharmacists may administer certain injectable maintenance medications. The bill was sponsored by Del. Karen Lewis Young (D) and specifically includes drugs for psychiatric disorders, substance abuse, contraception, and vitamins. NACDS assisted in the efforts of both the Maryland Pharmacists Association and the Maryland Association of Chain Drug Stores in supporting this measure.

Also in Maryland, Gov. Hogan (R) signed SB 537, a bill that requires pharmacists to inform patients of lower-cost alternative drugs if the information is readily available. It will also permit pharmacists to interchange a less expensive brand-name drug that is therapeutically equivalent to the prescribed drug under certain conditions. The bill will be effective October 1, 2021; however, the Board of Pharmacy is required to promulgate regulations for certain provisions of the legislation.

Also in Maryland, the Board of Pharmacy recently shared that they will be reaching out to about 1200 pharmacists in Maryland who need to register with the Prescription Drug Monitoring Program (PDMP). To register, click here.  For further information about registering see the Board’s FAQ.

Also in Maryland, the Department of Health has renewed its standing order allowing the dispensing of naloxone without a prescription. The order will remain in effect until June 1, 2023.

Lastly in Maryland, the Maryland Association of Chain Drug Stores (MACDS) is seeking a pharmacist to serve on the Maryland Pharmacy Coalition Scope of Practice and Reimbursement Task Force. You can review the minutes from their most recent monthly meeting here. Please contact Jill McCormack if you are interested in participating.

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

The following bills of importance to pharmacy under both practice expansion and reimbursement have passed both chambers before the Legislature adjourning this week. They are now on their way to Gov. Hogan for signature. NACDS commends the Maryland Association of Chain Drug Stores and the Maryland Pharmacists Association for their work on the ground on these issues.

• HB 1040 Kelly -D- would mirror pharmacists’ federal authority to provide childhood vaccines to children age 3 years and older effective July 1, 2021 thru June 30, 2023. The bill also requires the Department of Health to complete a study of pharmacist-administered childhood vaccines by December 1, 2022. This would allow time for the General Assembly to extend the authority during the 2023 session before it expires.
• SB 537 Hershey (R)- Effective October 1, 2021, pharmacists can substitute a therapeutically equivalent brand name drug or device product for the originally prescribed generically equivalent drug or device if it is less expensive. It also requires pharmacists to inform patients of therapeutically equivalent brand name drugs that are the lowest-cost alternative to the originally prescribed generically equivalent and of their cost difference if the information is readily available.
• HB 135 Young (D) Authorizes pharmacists to administer maintenance injectable medications that treat a chronic disease, condition, or disorder. This would include medication for the treatment of a psychiatric disorder or substance use disorder, contraceptives, and vitamins.  The product must be prescribed by an authorized prescriber; following a standing order issued by an authorized public health official; or under the protocol. The Board of Physicians, Nursing, and Pharmacy must issue regulations by September 1, 2021. Notably, it also requires payment for both patient assessments and the administration of the medication.
• HB 601 Kipke (R) This bill would regulate the relationship between PBMs and pharmacies in response to the Rutledge Decision and is intended to capture ERISA plans. It includes many provisions including a prohibition on gag clauses and clawbacks; reimbursement parity among certain pharmacies, contracting transparency, credentialing, and audit reform, to name a few. The bill would be effective on January 1, 2022.

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

HB 1040, legislation that would mirror pharmacists’ federal authority to provide childhood vaccines to children age 3 years and older effective July 1, 2021 thru June 30, 2023, has passed both Chambers and is on its way to Gov. Larry Hogan (R) for signature. The bill was sponsored by Del. Ariana Kelly (D) and also requires the Department of Health to complete a study of pharmacist-administered childhood vaccines by Dec. 1, 2022.

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

Effective March 22, the Office of Pharmacy Services (OPS) will be updating the incentive fee for all FDA-approved COVID-19 vaccines administered by pharmacy providers. The new incentive fee will be $40 for the administration of each dose of the vaccine. The incentive fee will be the same regardless of the vaccine and the number of doses required for the vaccination. Payment for the ingredient cost should be $ 0.01. See Advisory 224 for more information.

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