SB 943, a bill that prohibits PBMs from restricting pharmacists’ ability to discuss cost-sharing amounts and other information regarding drug costs to patients, was amended on third consideration then passed unanimously by the Senate and the House. Commonly referred to as a “gag clause” prohibition, the amended bill is on its way to Governor Wolf (D) for signature.

Also in Pennsylvania. Governor Wolf (D) announced the approval of the Department of State’s request to suspend the age limitation of 9 years old for pharmacist-administered influenza vaccines. The waiver, which specifically allows pharmacists to provide any licensed, age-appropriate flu vaccine to individuals 3 years of age or older, was effective July 2 and will be in effect for 90 days after the current state of emergency related to COVID-19 ends.

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

Senator Judy Ward (R) introduced SB 1210, legislation that would allow pharmacists to perform independent COVID-19 point of care tests authorized by the FDA by suspending the laboratory work experience required by state law. NACDS drafted the language and is working jointly with the Pennsylvania Association of Chain Drug Stores (PACDS) to push this measure forward.

Also in Pennsylvania. HB 941 sponsored by Rep. Doyle Heffley (R) was amended and reported out of the Senate Health Committee. The bill contains PBM transparency provisions, as well as language intended to set reimbursement rates in managed care. The committee indicated there is more work to be done on this measure over the summer. NACDS will be supporting PACDS efforts to make the reimbursement language more definitive during this process.

Also in Pennsylvania. SB 943, a bill that prohibits PBMs from restricting pharmacists’ ability to discuss cost-sharing amounts and other information regarding drug costs to patients, was amended on third consideration then passed unanimously by the Senate. Commonly referred to as a “gag clause” prohibition, the amended bill is now eligible for concurrence in the House.

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

Pharmacy Caucus Co-Chair, Sen. Judy Ward (R) issued a co-sponsorship memo for a bill that would exempt a pharmacy or pharmacists from the laboratory experience requirements, clearing a barrier remaining to pharmacists to perform COVID-19 testing.

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

Pennsylvania pharmacies that would like to participate in receiving COVID-19 vaccinations from the state when they become available should consider completing the Memorandum of Agreement (MOA) available at the PA Department of Health’s Pharmacy MOA webpage on the department’s website. Further information on the MOA and submission instructions can be found there. Although the MOA is specific to a pandemic influenza, DOH intends to draft an addendum to include the upcoming COVID-19 vaccine.  Only one MOA needs to be signed by your company to cover all your in-state stores.

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

HB 943, legislation prohibiting PBMs and PSAOs from penalizing pharmacies for disclosing a patient’s cost share for a prescription drug and discussing available alternatives, has been reported from the Senate Health Committee and received first consideration on the Senate Floor. The legislation, commonly referred to as a “gag clause” bill was sponsored by Rep. Valerie Gaydos (R), and previously passed the House unanimously. 

Also in Pennsylvania... Rep. Seth Grove (R) has introduced legislation that would expand pharmacists’ immunization authority and allow them to order and administer COVID-19 and CLIA-waived tests for the duration of the Governor’s disaster emergency declaration.  Specifically, HB 2461 would allow pharmacist to provide any vaccine on the CDC or ACIP schedules and any injectable or biological medication for the treatment or prevention of COVID to patients 9 years of age or older, including any upcoming COVID-19 vaccine.  Additionally, it would suspend the provisions of the Pennsylvania Lab Act that requires prior work experience in a laboratory for pharmacists to register with the state to perform CLIA-waived tests, including those for COVID-19.  The legislation was introduced at the behest of NACDS and the Pennsylvania Association of Chain Drug Stores (PACDS).

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

The Department of State (DOS) published additional guidance last week related to COVID-19 pharmacy issues. The guidance clarifies that the Commonwealth does not require signatures to confirm delivery and waives provisions around emergency refills to allow 90–day refills for certain medication and 30–day refills for others. In addition to other pharmacy related matters, the guidance also notably states that pharmacists are permitted to perform end-to-end COVID-19 testing and provides instructions to pharmacies to register with the Department of Health (DOH) to do so. NACDS is expecting the DOS to issue further clarifications or waivers around this policy, due to the barriers that currently exist with DOH qualifications. 

Also in Pennsylvania... This week, Pennsylvania joined Connecticut, Delaware, Massachusetts, New Jersey, New York, and Rhode Island in a regional pact to coordinate the regional reopening of the economy as the COVID-19 pandemic reaches its apex in the region.  The Pact shall include state officials, economic experts and public health officials.  No timeline or details are available, but the vision is a gradual return to work in the region.

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

The Pennsylvania Department of Insurance published guidance last week in response to the COVID-19 crisis that included a strong recommendation that insurers institute medication synchronization programs, in advance of the effective date of Act 46 of 2019.  The Act was the result of NACDS and Pennsylvania Association of Chain Drug Stores-backed legislation and includes full dispensing fees and pro-rated copays.

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

Gov. Tom Wolf (D) has announced new measures allowing healthcare professionals, including pharmacists, to re-enter the workforce to assist with the COVID-19 crisis. Specifically, pharmacists whose licenses are expired/inactive for less than four years can apply for reactivation of their licenses. Their CE requirements and license reactivation fees will be suspended. For previous pharmacy related actions in PA go to: https://www.dos.pa.gov/Documents/2020-03-21-Pharmacy-Omnibus-Requirement-Suspension.pdf 

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

A bill that would preempt municipalities from establishing separate Prescription Drug Monitoring Programs (PDMP) has been signed by Gov. Tom Wolf (D). SB 432, began as a bill increasing access to the state PDMP, was amended by Rep. Seth Grove (R), due to members’ concern about the City of Philadelphia passing a law in December requiring pharmacies to report to a new city based PDMP. Now enacted, it will preempt Philadelphia from implementing their PDMP statute. NACDS thanks the Pennsylvania Association of Chain Drug Stores efforts on the ground to address the issue.

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