NACDS issued a press release acknowledging the favorable opinion (KP-0408) released by Texas Attorney General Ken Paxton (R) on February 5, 2024. This opinion addresses the enforceability of two laws passed in 2021 against health benefit insurers and PBMs. Paxton’s opinion clarifies how HB 1763 and HB 1919 regulate certain contracts between ERISA issuers, their PBMs, and pharmacies. It also addresses steering practices concerning affiliated pharmacies, clarifying that ERISA does not preempt HB 1763 and HB 1919, as these laws do not dictate plan choices or add requirements to a beneficiary’s status. At the request of pharmacy groups, State Senator Charles Schwertner (R), a physician and pharmacist who chairs the Senate Business and Commerce Committee, sent a letter to the Attorney General requesting this opinion.

Also in Texas, Speaker Dustin Burrows (R) finally posted the new chairs and the House Committee membership lists on February 13, 2025.

Also in Texas, Sen. Bryan Hughes, and Rep. Cody Harris (R), two champions of PBM reforms, filed identical bills, SB 1354 and HB 2978 will establish a rate floor for the commercial market.

Also in Texas, Sen. Bryan Hughes also filed SB 1236, PBM reform legislation that addresses clawbacks, establishes audit guardrails, and would prohibit a health plan or PBM from denying or reducing a claim payment to a pharmacy or pharmacist after adjudication under certain circumstances. The bill also protects patient choice to pharmacies by ensuring that pharmacies have a voice in their network and contract discussions.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Gov. Greg Abbott (R) delivered his state-of-the-state address online on February 2.  

Also in Texas, the Board of Pharmacy approved proposed rules removing the ratio of pharmacists to pharmacy technicians in a central fill facility.  

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The House of Representatives, under the new leadership of Speaker Dustin Burrows (R), established new rules stating that House committees’ chairmanships will be held by the majority party – Republicans, and the vice chairs will be held by the minority party – Democrats.

Also in Texas, the agenda for the February 4, 2025, Board of Pharmacy meeting is now available. For those note able to attend, the meeting will be Live Streamed.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Several bills of interest to pharmacies have been filed. 

• SB 254 by Sen. Pete Flores (R) allows pharmacists to order and administer immunizations and vaccinations to patients ages three years and older, and to those younger than three years of age, if referred by a physician. It also gives pharmacist’s authority to delegate vaccine administration to a certified pharmacy technician.  

• SB 398 by Sen. Kevin Sparks (R) allows a pharmacy technician of a pharmacist’s authority to administer an immunization or vaccine under the supervision of a pharmacist. 

• SB 623 by Sen. Charles Schwertner (R) gives the pharmacists the right to determine if a vaccine, including a COVID vaccine, should be administered to a patient. 

Also in Texas, the Health and Human Services Commission’s (HHSC) Medicaid Vendor Drug Program (VDP) met with pharmacy stakeholders on January 22. The agenda included updates on the timeline on implementing legislation passed in 2023, and the progress on several pending projects, including adult vaccinations and adding non-drug like Continuous Glucose Monitors (CGM) to the Medicaid formulary. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Board of Pharmacy posted the rules adopted at the November 5 quarterly board meeting.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

While the 89th legislature will convene at Noon on January 14, 2025, lawmakers have already begun prefiling bills this week. Several bills of interest to pharmacies include:

• Pete Flores (R) re-filed legislation (SB 254) that would allow pharmacists independent authority to order and administer immunizations to anyone three years of age and older without a prescription order.
• John Bucy (D) re-filed clean-up legislation (HB 632) on dispensing emergency insulin.
• Donna Howard (D) re-filed a bill (HB 845) that would allow pharmacists under a written protocol to furnish treatment without a prescription to a patient after a positive CLIA flu or strep test.
• Matt Shaheen (R) re-filed legislation (HB 1027) removing restrictions on operating telepharmacies.

Also in Texas, the House Republican Caucus is scheduled to meet December 7, 2024, to endorse a candidate for Speaker.

Also in Texas, the Department of State Health Services (DSHS) Diabetes Prevention and Control Program updated materials, including two diabetes educational brochures — Could You Have Diabetes? and Could You Have Prediabetes? These brochures provide information regarding diabetes and prediabetes risk factors and symptoms, helping individuals determine their risk.

Finally in Texas, at the Drug Utilization Review Board’s late October meeting, the board recommended clinical prior authorizations, changes to the preferred drug list and retrospective drug utilization criteria. The next quarterly meeting will be held on January 31, 2025.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Health and Human Services Commission (HHSC) posted the biannual specialty drug list. 

Also in Texas, the Department of State Health Services (DSHS) combined the individual weekly influenza, respiratory syncytial virus (RSV) and COVID-19 surveillance reports into one report called the Texas Respiratory Virus Surveillance Report. A new Respiratory Illness Interactive Dashboard contains respiratory illness data including emergency department visits, hospitalizations and deaths associated with flu, RSV and COVID-19.  

Also in Texas, the DSHS offers an Immunization Toolkit with educational resources to help Texans understand the importance of protecting themselves and others with the flu vaccine.  

Also in Texas, the quarterly meeting of the Board of Pharmacy will be on November 5. The Board posted the agenda and will livestream the meeting.  

Finally in Texas, the Board of Pharmacy posted the October newsletter. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Drug Utilization Board discussed these agenda items on October 25.

Also in Texas, the Health and Human Services Commission (HHSC) published the 2024-25 monthly prophylaxis for RSV on October 1. Review the schedule for each region’s start and end dates.

Finally in Texas, the Medicaid Vendor Drug Program (VDP) posted the October specialty drug list.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Texas Pharmaceutical Initiative (TPI) Board established by HB 4990 (2023) submitted its business plan recommendations to Gov. Greg Abbott (R), the Legislature and the Legislative Budget Board on September 30. TPI’s goal is to provide greater, and more cost-effective access to prescription drugs and essential medical supplies to employees, dependents and retirees of public higher education systems; members of the Employees Retirement System of Texas (ERS); members of the Teacher Retirement System of Texas (TRS); individuals under the Texas Department of Criminal Justice or Texas Juvenile Justice Department; and individuals served by health and human services programs, including Medicaid and the Child Health Insurance Program.

Also in Texas, last month, the Health and Human Services Commission’s (HHSC) Vendor Drug Program (VDP announced that HHSC suspended its efforts to conduct pharmacy cost of dispensing and ingredient cost studies. The reason given was that “As in recent past legislative sessions, the 89th Legislature may choose to contemplate pharmacy reimbursement matters which could significantly influence how HHSC approaches and obtains necessary appropriations for pharmacy reimbursement in both fee-for-service and managed care settings.”

For more information, contact NACDS’ Mary Staples at 817-442-1155.