New York met its April 1 deadline for completion of its 2019-20 state budget.  The final budget included a rejection of an across-the-board reduction in Medicaid claims totaling $380 million in combined federal and state dollars and included the elimination of spread pricing for Medicaid Managed Care plans.  It did not include an expansion of the pharmacy technician ratio that was supported by NACDS.  A $100 million opioid excise tax on drug manufacturers and wholesalers was also included.  NACDS and the Community Pharmacy Association of New York State worked diligently to reject this tax citing that this would really be a tax on patients and pharmacies.  NACDS is coordinating a legal review of the new tax law with the Healthcare Distribution Alliance to identify potential legal challenges, if any, to the new law.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

In April 2017, the Medicaid fee-for-service pharmacy reimbursement was adjusted to NADAC plus a $10.02 professional dispensing fee. This month, the Department of Health will start the process to retroactively adjust pharmacy claims that were adjudicated effective April 1, 2017 through February 21, 2018. The Department expects this repricing to take place over the course of several months and anticipates that it will be completed by the end of December 2019. Janet Elkind, pharmacy director for Medicaid, has stated that 77 percent of pharmacies will see an increase, six percent will see no change, and 16 percent see a reduction during this readjustment period.

New York…Gov. Andrew Cuomo (D) recently released his budget. Additionally, 30-day budget amendments will be released on Thursday, February 14. Among the various provisions are a series of PBM proposals and a prohibition on selling any tobacco products by pharmacies. The legislature will debate the budget and complete the budget process by Monday, April 1.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

NACDS and the Chain Pharmacy Association of New York State met with the New York State (NYS) Bureau of Immunizations to discuss pharmacy participation in the federally-funded Vaccines for Children program. Also, the state is developing a Memorandum of Understand (MOU) for chain pharmacies so that the state has a method of communicating with pharmacies in the case of a pandemic. Once that MOU is complete, NACDS will distribute it to members operating in the state.

Also in New York…NACDS and the Chain Pharmacy Association of New York State met with the NYS Bureau of Narcotic Enforcement (BNE) to discuss the opioid tax assessment program and the drug disposal program. The opioid tax assessment program enacted earlier this year will result in additional revenue to the state totaling $100 million annually. The invoices to the impacted drug manufacturers and wholesale distributors have been sent. In addition, the newly enacted statewide drug disposal legislation has a series of 2019 target dates. We have asked BNE to hold a stakeholder meeting to ensure that all interested parties continue to participate in the development of the program.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

NACDS participated in the Board of Pharmacy meeting. A significant portion of the meeting focused on electronic prescribing and best practices. The next meeting of the Board is scheduled for Tuesday, March 12, 2019 in Albany.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

NACDS participated in the Board of Pharmacy meeting. A significant portion of the meeting focused on electronic prescribing and best practices. The next meeting of the Board is scheduled for Tuesday, March 12, 2019 in Albany.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

At the request of NACDS and the New York State Pharmacy Coalition, the New York State Department of Health issued the New York State Opioid Annual Assessment Reporting Guidance for pharmacies about how to manage any obligations for opioids that are stored in intracompany distribution centers in the state under the newly created opioid assessment program that was established by the enactment of the Opioid Stewardship Act. The guidance was effective July 1 and reporting requirements are effective on Wednesday, August 1.

Also in New York…This week, Gov. Andrew Cuomo (D) signed S9100, The Drug Take Back Act, into law. The newly enacted law requires certain drug manufacturers to fund a statewide drug take back program to be implemented by pharmacies operating in 10 or more locations. It takes effect in 180 days and 180 days from then the manufacturers are required to submit their drug take back plans to the New York State Department of Health (DOH) for approval. Also, DOH is authorized to begin to develop regulations and other work around implementation prior to the effective date.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

The New York State legislature passed legislation (A02857D/S1043D) authorizing pharmacy interns to administer immunizations.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

This week, the Senate unanimously passed the pharmacy technician registration and certification proposal (NY-SB 5584). The bill will now be sent to the Assembly for its consideration.

Also in New York… NACDS joined the Chain Pharmacy Association of New York State and the New York pharmacy coalition in a meeting with the acting Medicaid Director Donna Frescatore to discuss the expanded roles that pharmacies can play in providing healthcare to the state’s Medicaid recipients.

Also in New York… This week, both the Senate and the Assembly passed NY S9100 / NY A9576-B, legislation that would require drug manufacturers to pay for public education, collection, transport and destruction of leftover drugs. It would also require mail-order pharmacies and pharmacy chains of 10 or more stores to provide on-site collection, vouchers for prepaid mail-back envelopes or other U.S. Drug Enforcement Administration-approved methods of drug disposal. The legislation also includes language pre-empting county/local ordinances. The Governor has until the end of the calendar year to sign the legislation into law.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.