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.

A bill that includes several provisions related to pharmacy practice has passed the Senate unanimously and is in the House of Representatives for consideration. HB 770, sponsored by Rep. Tony DeLuca (D) originally requiring the registration of pharmacy technicians, was amended to include provisions:

• Waiving the state Clinical Laboratory Act lab employment requirement to allow pharmacists to order and administer COVID-19, strep, and influenza tests
• Allowing pharmacy technicians to perform remote data entry

NACDS will continue working with members and in-state partners over the next several weeks to overcome concerns raised by the medical community and Gov. Wolf (D). NACDS will be asking members to engage in advocacy communication efforts.

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

SB 1210, sponsored by Sen. Judy Ward (R), which originally allowed pharmacists to order and administer COVID point-of-care tests by exempting them from the PA Lab Act’s lab experience requirement, was amended and reported out of the Senate Health Committee. The amendment, drafted by NACDS, would expand the bill to include all CLIA-waived tests. The amendment passed 7-4 on a party line vote, but the bill as amended was adopted unanimously. Further action is expected the week of October 19, 2020, when the Senate returns to session. The Department of Health opposed the bill, which drove the party-line vote on the amendment. NACDS has been working jointly with PACDS on the ground in Harrisburg to pass this bill before the Legislature adjourns Sine Die sometime in November.

Also in PA. Legislation that would require pharmacy technicians to register in Pennsylvania is advancing, after previous versions of the bill failed to make it past the finish line in previous years. HB 770 passed the House in May of 2019, but just last week passed the Senate Consumer Protection and Licensure Committee and received first consideration in the Senate. The bill is viewed by many as a necessary precursor for any future consideration of advanced duties for technicians. The bill is supported by PACDS.

Also in PA. The Department of Human Services issued a Medicaid Bulletin providing notice that the Department will pay pharmacies for the collection of specimens by pharmacists for COVID-19 testing effective October 1.

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

The Board of Pharmacy posted a notice extending the licensure renewal period to December 29, 2020, to allow pharmacists additional time to complete continuing education and renew their pharmacist license and authorization to administer injectables.  The notice and additional information can be found here.

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

HB 943 has been signed by Governor Wolf (D). The bill, sponsored by Representative Valerie Gaydos (R), prohibits PBM gag clauses in contracts and provides pharmacies the right to provide patients with information about the cost of a drug, including the patient cost share. NACDS supported efforts to pass this bill.

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

Under new policy changes, pharmacists can now provide and bill tobacco cessation services under Medicaid’s UnitedHealth/Optum plan. For more information click here.

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