On June 18, 2021, Gov. Greg Abbott (R) chose to let House Bill 1919 become law. Rep. Cody Harris (R) and Sen. Charles Schwertner’s (R) bill will help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and Pharmacy Benefit Managers (PBM’s) from directing patients to use any particular pharmacy provider over another and prohibiting PBMs from exclusively requiring the purchase of pharmacy services through a certain mail-order pharmacy or imposing a monetary advantage or penalty under a health benefit plan that would affect a patient’s choice of pharmacy. The law becomes effective September 1, 2021. 

Also in Texas, Gov. Abbott (R) announced that he will be convening a special session of the legislature on July 8, 2021. The Governor did not disclose what legislative priorities will be included on the special session agenda, only that such items “will be announced prior to the convening of the special session.”  

Finally in Texas, the Board of Pharmacy’s Prescription Monitoring Advisory Committee held a virtual quarterly meeting on June 16th to discuss funding issues and operational improvements to the Prescription Monitoring Program (PMP). HEB’s pharmacist Doug Read serves as the chain representative on the Advisory Council. The state’s vendor Appriss presented the NarxCare version 2.0 program. More information is available at Texas Prescription Monitoring Program (PMP). 

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

NACDS continues to strongly advocate, through social media messaging and pharmacists contacting Gov. Greg Abbott (R) before Sunday, June 20, 2021, that the governor sign into law HB 1919, legislation that would help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” patients to use any in-network pharmacy provider over another. 

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

NACDS sent a letter to Gov. Greg Abbott (R) urging him to sign HB 1919 into law, legislation that would help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” patients to use any particular in-network pharmacy provider over another.  In addition, we have been urging member companies to also contact the Governor’s office.

Also in Texas, the Board of Pharmacy hired a new Executive Director/Secretary Tim Tucker, Pharm.D., replacing Allison Benz who announced earlier this year that she would be retiring on August 31, 2021. The Texas press release can be found here.

Also in Texas, the Board of Pharmacy adopted several rules that became effective June 9, 2021.

• Final rule extends the time that Schedule II prescriptions are valid to 30 days to conform to federal standards and removes a reference to the effective date of the pharmacy responsibility provisions.
• Final rule allows pharmacists to electronically sign the data entry attestation statement. The rule also updates references to the DEA 222 order form requirements for distributing Schedule II controlled substances.
• Final rule extends the time that Schedule II prescriptions are valid to 30 days to conform to federal standards.
• Final rule corrects statutory and regulatory cross-references in the requirements on pharmacy operation.

Also in Texas, the Health and Human Services Commission has several COVID-related upcoming weekly seminars now open for registration.

• Webinar Tuesdays: Actively Administering & Advanced VAOS Users: For COVID-19 vaccine coordinators and providers who have received an order of the COVID-19 vaccine and are actively administering the vaccines. The state will share important news updates, clinical considerations, and advanced user tips on the systems and processes to support you.
  • June 15, 12:00PM-1:30PM CT – Register here
  • June 22, 12:00PM-1:30PM CT – Register here
  • June 29, 12:00PM-1:30PM CT – Register here
• Webinar Thursdays: Basics & Beginners: For providers who are new to the COVID-19 vaccine management program and/or have not yet received an order of the vaccine. We discuss important news updates, how to access VAOS, and how to get started with placing orders.
• June 17, 12:00PM-1:30PM CT – Register here
• June 24, 12:00PM-1:30PM CT – Register here

Lastly in Texas, the Health and Human Services Commission (HHSC) will resume publication of the quarterly Specialty Drug List in July. Please see the stakeholder notice.pdf for more information

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

Prior to the legislature adjourning its biennial regular session on May 31, the legislature approved two bills NACDS supported relating to the contractual relationship between a pharmacist or pharmacy and a Health Benefit Plan Issuer or Pharmacy Benefit Manager.

• HB 1763 by Rep. Tom Oliverson (R) regulates the contractual relationships between a pharmacist or pharmacy and a health plan or PBM. NACDS supported the following provisions of H.B. 1763:
  • Provisions that helped ensure that Texas pharmacies may be fairly and properly reimbursed for the prescription medications they provide and associated pharmacy services such as preventive treatments, immunizations, and helping patients access and take their medications accurately and safely;
  • Provisions that required equal access to all network pharmacies and should help all Texans continue to receive care from the pharmacy of their choice;
  • Provisions that required the terms of pharmacy contracts be clearly defined, especially concerning drug pricing and prohibiting the claw back of pharmacy reimbursement after a claim has been adjudicated at the point of sale.

NACDS submitted a letter urging Gov. Greg Abbott (R)to sign the bill, which he did on May 26 with an effective date of September 1, 2021.

• HB 1919 by Rep. Cody Harris (R) will help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” or otherwise directing patients to use any particular in-network pharmacy provider over another. This bill helps ensure that patients are not penalized for choosing the pharmacy provider that best suits their individual needs. NACDS submitted a letter urging Gov. Abbott to sign the bill into law before the June 20^th

Also in Texas, unfortunately, three bills NACDS supported died.

• HB 678 by Rep. Phil Cortez (D) would have removed the existing administrative barriers requiring a prescription for influenza vaccines given to patients younger than 7 years of age and for any other vaccine given to patients younger than 14 years of age. This legislation proposed to align Texas requirements for vaccines given to younger people with the U.S. Department of Health and Human Services’ declaration under the Public Readiness and Emergency Preparedness Act that “authorizes state-licensed pharmacists to order and administer vaccines to individuals ages three through 18 years.” It passed the House by a vote of 139-7 but died in the Senate; and
• HB 2049 by Rep. Donna Howard (D) would have allowed pharmacists to furnish medications according to the result of a positive Clinical Laboratory Improvement Amendments (CLIA)-waived test for acute conditions such as flu and strep throat passed the House Public Health Committee but failed to be set on the House Calendar.
• HB 2346 by Stephanie Klick clarifying the law that stops the Health and Human Service Commission’s Vendor Drug Program (Medicaid) from proceeding with recent guidance to pharmacies to include discount card and membership program pricing in their calculations for Medicaid reimbursement rates died in the House Human Services Committee.

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

On May 26, Gov. Abbott signed HB1763 into law which becomes effective September 1, 2021. NACDS applauds Gov. Abbott, Sen. Lois Kolkhorst (R), Rep. Tom Oliverson (R), Sen. Bryan Hughes (R), and Rep. Eddie Lucio III (D) for passing this important legislation and look forward to continued collaboration on these efforts that maintain patient access and creates long-term viable reimbursement models in the commercial market.  HB1763 is crucial for the continued viability of retail community pharmacies in Texas by creating PBM reform that prohibits harmful claw backs, requires that all pharmacies be fairly and properly reimbursed, and provides patients with equal access to all network pharmacies by allowing patients to receive care from the pharmacy of their choice.  In a letter of support, NACDS urged Gov. Abbott to sign HB1763 to maintain patient access and help ensure that local Texas pharmacies are properly reimbursed for the prescription medications they provide and associated pharmacy services.

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

On May 6, HB678  by Rep. Phil Cortez (D), overwhelmingly passed the House by a vote of 139-7.  HB678, supported by NACDS, allows pharmacists to independently order, and both pharmacists and technicians to administer, all immunizations to anyone 3 years of age or older without a prescription. The bill will now be heard by the Senate Health and Human Services Committee. NACDS members are urged to call their State Senator to ask them to HB678 expanding access to immunizations by permanently removing existing administrative barriers.

Also in Texas, the Board of Pharmacy launched a new podcast for Board news and updates. The first episode covers the November 2020 and February 2021 Board meeting rule adoptions, along with recent Board news and an important scam alert. www.pharmacy.texas.gov/podcast

Laslty in Texas, the Texas Department of State Health Services Commissioner John Hellerstedt is encouraging vaccine providers to order additional COVID-19 vaccines as needed as the state is now receiving about 1.5 million a week. Texas has now administered more than 18.3 million doses of the vaccine. More than 11 million people have received at least one dose, and over 7.9 million are now fully vaccinated. covidvaccine.texas.gov.

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

On April 26, the House Public Health Committee approved both the immunization bill, CSHB 678 by Rep. Phil Cortez by a vote of 10-0 and the test and treat bill, HB 2049 by Rep. Donna Howard reported favorably without amendments by a vote of 9-0. NACDS members are urged to contact members of the Texas House of Representatives asking them to VOTE YES on both HB 678 and HB 2049. More information can be found here.

Also in Texas, last week, the Texas House passed its proposed two-year, $246 billion state budget after spending hours on controversial issues such as Medicaid expansion and school vouchers.

Lastly in Texas, the Board of Pharmacy is hosting a quarterly virtual meeting on Tuesday, May 11^th at 9 AM. The agenda and conference information is available here – Texas State Board of Pharmacy

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

Big news at the Capitol this week is what to do about Medicaid expansion which will be part of the discussion as the House debates the state’s $246B budget proposal. President Biden’s action rescinding the 1115 Waiver authorized reimbursements to hospitals, nursing homes and mental health providers for patients without insurance came as quite a surprise to lawmakers. Texas has the highest number of uninsured in the nation. Among the several Medicaid expansion bills filed, none have been heard.

Also in Texas, the Health and Human Services Committee is seeking candidates to serve on the Value-Based Payment and Quality Improvement Advisory Committee. Anyone interested should review the linked application letter to find out who the committee is seeking as representatives and if you qualify; click on the application linked here to apply to be on the committee.

Also in Texas, the Senate Health and Human Services Committee held a hearing on April 21^st on SB 2195 by the Chair Sen. Kolkhorst, legislation NACDS supports that protects patients who receive prescription drug benefits through a commercial health plan subject to Texas Department of Insurance (TDI) oversight. The bill also ensures patient choice, prevents self-dealing, and prohibits clawbacks. The Committee Substitute to SB 2195 was reported favorably by a 6-0 vote.

Lastly in Texas, NACDS launched two RxIMPACT alerts urging members to call members of the House Public Health Committee asking them to vote YES on HB 678 expanding access to immunizations and HB 2049 allowing pharmacists to furnish medications according to the result of a positive CLIA-waived test for acute conditions such as flu and strep throat.

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

The House Public Health Committee held hearings on two bills supported by NACDS members: HB 678 by Rep. Phil Cortez (D) that amends existing laws making permanent pharmacists’ authority to initiate, order, and administer childhood vaccines to anyone 3 and older without a prescription, and HB 2049 by Rep. Donna Howard (D) that would allow pharmacists to test and treat for flu and strep. NACDS members are encouraged to call the House Public Health Committee members to urge them to vote both bills out of the Committee so they can be set for a vote by the House of Representatives.

Photo Caption – (L-R) NACDS chain pharmacists Casey Nichols with Walgreens, Jeff Loesch with Kroger Health, and Aimee Lusson with Walgreens meet with immunization bill sponsor Rep. Phil Cortez in the Texas State Capitol after the House Public Health Committee hearing.

Also in Texas, the Health and Human Services Commission is hosting two vaccine webinars:

• Actively Administering & Advanced VAOS Users – For COVID-19 vaccine coordinators and providers who have received allocations of the COVID-19 vaccine and are actively administering the vaccines. Discussions will focus on important news updates, clinical considerations, and advanced user tips on the systems and processes to support you.
  • April 20, 12:00PM-1:30PM CT – Register here
  • April 27, 12:00PM-1:30PM CT – Register here
• Basics & Beginners -For providers who are new to the COVID-19 vaccine management program and/or have not yet received allocations of the vaccine. Discussions will focus on important news updates, the enrollment process, how to access VAOS, and how to get started with requesting allocations.
  • April 22, 12:00PM-1:30PM CT – Register here

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