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.

The Department of Human Services has issued a Bulletin stating their intention to move to a single Preferred Drug List (PDL) for both the fee-for-service and managed care programs on Jan. 2, 2020. The new PDL is attached to the Bulletin for your reference. 

Also in Pennsylvania… Act 96 of 2018, the law mandating the use of e-prescribing for controlled substances is effective Thursday, Oct. 24th. Mandatory e-prescribing is a critical policy initiative for NACDS that we actively successfully lobbied for along with our pharmacy partners in the Commonwealth. For further information see the FAQs published by the Department of Health.

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

The Department of Human Services (DHS) issued a provider Bulletin announcing that both their managed care and fee for service Medicaid programs will operate under a single Preferred Drug List (PDL) beginning Jan. 1, 2020. For further information, and to view the new PDL see the Bulletin.

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

The Department of Health has posted guidance on Act 96 of 2018, which will require all controlled substance prescriptions (with some exceptions) to be electronically prescribed effective Thursday, October 24.

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

Last week, Gov. Tom Wolf (D) signed legislation requiring commercial insurers to cover medication synchronization programs for patients on maintenance medications. HB 195 (Act No. 46), sponsored by Rep. Eric Nelson (R), passed both chambers unanimously prior to approval by the Governor. Specifically, the law requires insurers to allow coverage for partial fills, prorate patient copays and pay a full dispensing fee. It will be effective Thursday, July 2, 2020.

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