The Retailers Association (TRA) selected John McCord as their new Executive Director. McCord joins TRA after leading legislative efforts for the National Federation of Independent Business in Texas. 

Also in Texas, the Vendor Drug Program (VDP) Medicaid provided an update to the Clinical Prior Authorization Assistance Chart. The Health and Human Services Commission (HHSC) requires MCOs to implement specific clinical prior authorizations for clients enrolled in managed care. Usage of other clinical prior authorizations will vary between MCOs at the discretion of each MCO. HHSC publishes a criteria guide for each prior authorization with a description of the steps in the evaluation process. All steps apply to traditional Medicaid claims processed by HHSC. The assistance chart identifies which clinical prior authorization each MCO uses and whether the MCO uses all or some of the steps in the evaluation process. 

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

The Board of Pharmacy updated the quick reference guide for prescriptions for dangerous drugs (non-controlled) and controlled substances (Schedules II – V) that may be dispensed.

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

The Health and Human Services Commission (HHSC) includes COVID-19 at-home test kits as a Medicaid, Children’s Health Insurance Program (CHIP), Healthy Texas Women (HTW), Kidney Health Care (KHC), and Children with Special Health Care Needs (CSHCN) pharmacy benefit effective January 3, 2022, for fee-for-service (FFS), and no later than January 17, 2022, for managed care. An adjudicated pharmacy claim is required for reimbursement of a COVID-19 at-home test. Clients may obtain COVID-19 at-home test kits from a Medicaid-enrolled retail pharmacy with or without a prescription from a prescribing provider. 

Also in Texas, Gov. Greg Abbott (R) made several appointments to the Board of Pharmacy: Ian Shaw, a Dallas attorney will serve as a new public member, and pharmacists Suzette Tijerina and Jenny Yoakum were reappointed to serve a six-year term. 

Also in Texas, the Health and Human Services Commission’s Department of State Health Services is hosting weekly provider webinars on Tuesdays to share the latest COVID-19 vaccine information on ordering, administration, and reporting guidelines.  

• Tuesday, January 11, Noon – 1:30 p.m. CT. Register here. 
• Tuesday, January 18, Noon – 1:30 p.m. CT. Register here. 
• Tuesday, January 25, Noon – 1:30 p.m. CT. Register here. 

Finally in Texas, the Board of Pharmacy published two proposed rules in the Texas Register on 12/24/2021: (1) conforms to federal standards by extending the time period for pharmacists to dispense prescription drug orders for Schedule II controlled substances issued by an out-of-state practitioner to the end of the 30th day after the date the prescription is issued; and (2) determines the validity of prescriptions issued as a result of teledentistry dental services or telemedicine dental services. Comments are due to the TSBP by January 24, 2022. 

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

The Health and Human Services Commission’s (HHSC) Vendor Drug Program (VDP) semi-annual update of the Medicaid preferred drug list will occur on January 27, 2022. HHSC made the PDL changes based on recommendations made at the July and November 2021 Texas Drug Utilization Review Board meetings. Drug list decisions from those meetings are available. 

Also in Texas, HHSC next Texas Vaccine Providers Webinar will be on Tuesday, December 14th at Noon Central. Register here. 

Finally in Texas, in response to a request from the Texas State Board of Pharmacy, Gov. Greg Abbott (R) again temporarily suspended the requirement in §291.33(c)(1)(B)(iii) to have in-person contact for patient counseling in order to allow patient counseling to be performed by telephonic consultation. This remains in effect until March 31, 2022, or until the March 13, 2020, disaster declaration is lifted or expires, whichever is earlier. 

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

The Board of Pharmacy proposed and adopted several rules at their November meeting.

Also in Texas, the Health and Human Services Commission (HHSC) revised the Medicaid preferred drug list effective December 3, 2021.

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

Having received numerous written comments from Texas pharmacists in advance of the November 2 meeting and hearing from more than a dozen pharmacists, pharmacy technicians and stakeholder groups, the Board voted to withdraw the proposed rules on non-sterile compounding and send back to staff for recommendations on how to proceed.

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

The Board of Pharmacy posted the November 2 meeting agendaand meeting materials. Of interest to chain pharmacies are the possibility of final adoption of proposed rules that would create two new classes of pharmacy, Class A-N for community pharmacies compounding certain non-sterile preparations and the Class A-SN designation for community pharmacies compounding both sterile and non-sterile preparations. Interest parties were asked to submit comments in advance of the meeting.

Also in Texas, despite the collaborative efforts of NACDS, the Texas Federation of Drug Stores (TFDS), the Texas Pharmacy Business Council (TPBC) and other stakeholders during both the regular session earlier this year and most recently during the third special session, the legislative budget conference committees failed to extend the $2.5M funding for the Texas State Board of Pharmacy’s Prescription Monitoring Program’s (PMP) NarxCare integration and clinical alerts. While this means the free access through the Appriss Health PMP Gateway has been discontinued, pharmacists and other prescribers that are required to check the patient’s PMP history before dispensing or prescribing opioids, benzodiazepines, barbiturates or carisoprodol can still access the system through their free PMP AWARxE account.

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

Despite the efforts of NACDS, the Texas Federation of Drug Stores (TFDS), the Texas Pharmacy Business Council (TPBC) and other stakeholders to ensure $2.5M in funding for the Texas Board of Pharmacy’s Prescription Monitoring Drug Program’s NarxCare and clinical alerts in SB 8, Rep. John Raney’s (R) amendment we supported was stripped out of the Appropriations bill that passed on the final day of the third special session that ended on Tuesday, October 19^th.

Also in Texas, on November 2^nd, the Board of Pharmacy will convene in-person to consider final adoption of proposed rules that would create two new classes of pharmacy, Class A-N, for community pharmacies compounding certain non-sterile preparations, and Class A-SN designation for community pharmacies compounding both sterile and non-sterile preparations.

Finally in Texas, the Health and Human Services Commission (HHSC) is seeking stakeholder comments on the agency’s funding needs for their 2023 legislative appropriations budget request.  Recommendations must be emailed to CFOStakeholderFeedback@hhs.texas.gov by November 19^th.

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

Gov. Greg Abbott (R) issued an Executive Order this week banning COVID-19 vaccine mandates for employees or customers. Any entity that fails to comply could receive up to a $1,000 fine. This state order conflicts with President Biden’s (D) order mandating that companies with federal contracts must have all employees vaccinated.

Also in Texas, to assist with planning for the distribution of the pediatric COVID-19 vaccine pending the authorization by the Food and Drug Administration and the recommendations by the Centers for Disease Control and Prevention of the Pfizer COVID-19 vaccine for 5-11 years of age, the Department of State Health Services (DSHS) is asking chain pharmacies to complete one survey with an estimate for all stores by 5 PM on Wednesday, October 20^th.  DSHS Survey

Also in Texas, the Board of Pharmacy will hold its quarterly meeting in-person in Austin on Tuesday, November 2.  TX BOP Meeting On the agenda for possible final adoption are onerous proposed rules impacting pharmacies that compound non-sterile preparations. Written comments must be submitted to the board on or before October 25^th.

Also in Texas, NACDS submitted several recommendations to the Board of Pharmacy to assist with the development of their 5-year strategic plan, including updating laws and regulations to permanently codify the scope of practice expansion under the PREP Act for all pharmacy personnel, and to further modernize the practice of pharmacy to allow for practices now permitted in other states.

Finally in Texas, on October 1^st, NACDS and other Texas pharmacy organizations met with Health and Human Services Commission’s representatives from the Texas Department of State Health Services (DSHS) and the Vendor Drug Program (VDP-Medicaid) to discuss considerations for a pilot program to address barriers that have inhibited broad pharmacy participation in the Texas Vaccines for Children Program.

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