On September 1, 2023 more than 770 new laws passed by the legislature went into effect, including Senate Bill 29 that bans the state from enacting mask mandates, vaccine mandates or business and school closures to prevent the spread of COVID-19. The law makes exceptions for certain entities, such as prisons, hospitals and assisted living centers or nursing homes.  

Also in Texas, NACDS sponsored the Passing of the Gavel ceremony where HEB pharmacist Jay Bueche was sworn in as president at the Texas Pharmacy Association’s (TPA) Convention and Expo in Houston.  

Also in Texas, the Health, and Human Services Commission (HHSC) Vendor drug program provided several updates of interest to pharmacies:  

• September 2023 draft specialty drug list is now available for public comment.  
• July 2023 Medicaid Preferred Drug List update which includes changes approved at the January and April 2023 Drug Utilization Review Board meetings.   
• Hepatitis C Treatment Resources Available for Medicaid Clients  
• Mosquito Repellent Pharmacy Benefits Available  
• Members Sought for the Drug Utilization Review Board (applications due September 15) 
• Pharmacy Education Information and Opportunities  
• Pharmacy Email Addresses Must Be Current in PEMS (Provider Enrollment and Management System)  

Finally in Texas, the Senate impeachment trial for suspended Attorney General Ken Paxton (R) convened on September 5, and the trial is expected to last two-three weeks. In May, Paxton was impeached by the House of Representatives by a vote of 121-23 (61D & 60R) on 20 charges of misapplication of public resources, bribery, obstruction of justice, abuse of public trust and disregard or official duties. Lt. Governor Dan Patrick (R) is presiding over the trial and the 31 State Senators are serving as the jurors. 

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

On September 1, 2023, more than 770 new laws passed by the legislature go into effect, including Senate Bill 29 that bans the state from enacting mask mandates, vaccine mandates or business and school closures to prevent the spread of COVID-19. The law makes exceptions for certain entities, such as prisons, hospitals and assisted living centers or nursing homes. 

Also in Texas, NACDS sponsored the Passing of the Gavel ceremony where HEB pharmacist Jay Bueche was sworn in as president of at the Texas Pharmacy Association’s (TPA) Convention and Expo in Houston. 

Also in Texas, the Health, and Human Services Commission (HHSC) Vendor drug program provided several updates of interest to pharmacies: 

• September 2023 draft specialty drug list is now available for public comment. 
• July 2023 Medicaid Preferred Drug List update which includes changes approved at the January and April 2023 Drug Utilization Review Board meetings.  
• Hepatitis C Treatment Resources Available for Medicaid Clients 
• Mosquito Repellent Pharmacy Benefits Available 
• Members Sought for the Drug Utilization Review Board (applications due Sept. 15) 
• Pharmacy Education Information and Opportunities 
• Pharmacy Email Addresses Must Be Current in PEMS 

  Finally in Texas, the Senate impeachment trial of suspended Attorney General Ken Paxton (R) convenes on September 5th. 

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

The Pharmacy Provider Procedure Manual (PPPM) was updated on August 1, 2023. The revised manual is a comprehensive resource for Medicaid pharmacy providers enrolled with the Health and Human Services Commission’s (HHSC) Vendor Drug Program (VDP) on benefits, policies and procedures for outpatient pharmacy claims and rebates. 

Also in Texas, NACDS sponsored the Texas Pharmacy Association’s (TPA) Conference and Expo in Houston, where Rep. Four Price (R-Amarillo), the author of legislation would have made permanent in Texas law the expanded vaccination authority afforded to pharmacists and pharmacy technicians by the federal PREP (Public Readiness and Emergency Preparedness) Act, gave the keynote address. NACDS also sponsored the Passing of the Gavel ceremony where pharmacist Jay Bueche with HEB was sworn in as president of TPA. 

Also in Texas, the Board of Pharmacy’s monthly newsletter is available here. 

Finally in Texas, the Board of Pharmacy’s quarterly meeting was held on August 1. The next meeting is scheduled for November 7, election day. 

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

The 88th Regular Legislative Session adjourned sine die May 29. Gov. Greg Abbott (R) immediately called the first 30-day special session to address property tax cuts, which ended with no bills advancing to the Governor’s desk. The Governor called a second special session to address property tax cuts. Speaker Dade Phelan (R) and Lt. Gov. Dan Patrick (R) finally reached an agreement on a property tax relief package, it passed and was signed by the Governor.  

Also in Texas, Gov. Abbott signed into law several bills of interest to pharmacies: 

• SB 2173 creates a voluntary prescription drug safe disposal pilot program to be developed by the Board of Pharmacy;  
• HB 1283, legislation that makes permanent the single statewide drug formulary and preferred drug list for Medicaid managed care organizations; and 
• HB 999, the copay accumulator bill requiring health plans and PBMs, not pharmacies, to apply any coupon or other reduction in out-of-pocket expenses made by or on behalf of an enrollee to the enrollee’s deductible copayment, cost sharing responsibility or out-of-pocket maximum applicable to prescription drug benefits. 

Also in Texas, with Attorney General Ken Paxton (R) still suspended from office as he awaits his September impeachment trial in the Senate, Gov. Abbott appointed Angela Colmenero as the new Interim Attorney General, replacing the short-term Interim Attorney General John Scott. 

Also in Texas, Vaccines for Children (TVFC) Program provider manual is now on-line. TVFC IQIP providers are responsible for understanding program policies and requirements for 2022-2023 TVFC re-enrollment. The 2023-2024 Texas Vaccines for Children (TVFC)/Adult Safety Net (ASN) Program re-enrollment will open in October 2023 and close November 2023. 

Finally in Texas, the agenda for the Drug Utilization Board July 21 meeting was posted.

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

The Senate impeachment trial of Attorney General Ken Paxton (R) is set to begin on September 5th. 

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

The Health and Human Services Executive Commissioner Cecile Erwin Young announced that Emily Zalkovsky will lead the Medicaid and CHIP Services division as the Medicaid Director, effective July 1, replacing Stephanie Stephens.

Also in Texas, the Health and Human Services Commission (HHSC) is aware of a drug shortage for the brand name Chantix in the Smoking Cessation drug class due to a manufacturing delay of this product by Pfizer. In response to the preferred brand name Chantix shortage, HHSC removed the non-preferred status from the generic product, varenicline, on the preferred drug list. 

Also in Texas, the HHSC Vendor Drug Program’s (VDP’s) Medicaid-enrolled pharmacy providers must ensure their email address is on file and up to date within the Provider Enrollment and Management System (PEMS). You can access the PEMS-associated job aid, Verifying an Email in PEMS (PDF), on tmhp.com if you need help confirming your email address. Your correct email address in PEMS means you will receive timely enrollment-related notifications from TMHP (Texas Medicaid & Healthcare Partnership). If you have marked TMHP notifications as spam or have blocked TMHP notifications, you will no longer receive those notifications. Additional information related to email addresses in PEMS is available in the Preparing for PEMS Guide (PDF) on tmhp.com. 

Finally in Texas, HHSC VDP has updated two manuals of interest to pharmacies: 

1. The VDP Website Handbook includes several resources and references for stakeholders. Many are updated regularly and can resolve issues or prevent the need for a phone call to the help desk or emailing HHSC. This manual provides guidance and instruction on viewing or downloading manuals, forms and delimited data files. 
2. Pharmacy Provider Procedural Manual (PPPM) is a comprehensive resource for pharmacy providers enrolled with HHSC. The VDP publishes this manual with information about benefits, policies and procedures for outpatient pharmacy claims and rebates. 

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

Less than a day after Gov. Greg Abbott (R) convened special session #1, the House passed bills on property tax relief and migrant smuggling, then adjourned and went home. The House move appears to be an effort to force the Senate to accept the House bills. Both the Governor and Lt. Governor campaigned on the promise of using some of the state’s $32.7 billion surplus to lower property taxes, but they differ on how to dole out $12.3 billion in new money set aside for property tax cuts in the upcoming two-year state budget. House Speaker Dade Phelan (R) and Lt. Gov. Dan Patrick (R) have been at odds over how to cut property taxes all year; now Gov. Abbott has sided with the House. Lt. Gov. Patrick is keeping the Senate in special session working on a property tax bill. We expect additional special sessions to address property tax relief and other leadership priority issues that were not addressed during the regular session that ended on May 29.

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

The legislature adjourned sine die at 6:00 p.m. on May 29. Prior to adjournment, the Senate and the House finalized the $321.3 billion state budget for the two-year cycle beginning on September 1, 2023. They also passed and sent Gov. Greg Abbott (R) several bills of interest to pharmacies, including: 

• HB 25, creates the Canadian Wholesale Prescription Drug Importation Act to provide lower cost prescription drugs for consumers; 
• HB 4990, establishes the Texas Pharmaceutical Initiative governing board and advisory council, a Texas State PBM; 
• HB 1283, retains the single Medicaid managed care organizations formulary and preferred drug list; 
• SB 2173 requires the Texas State Board of Pharmacy (TSBP) to develop and implement a prescription drug safe disposal pilot program. 

Also in Texas, unfortunately on day 138 of the 140-day Texas legislative session, HB 1105, the PREP Act permanent immunization legislation that passed both houses with more than a 2/3’s vote, died at midnight because Sen. Lois Kolkhorst (R) refused to appoint Senate conferees to negotiate with House conferees on the anti-COVID mandate amendments the Senator added to the bill before it passed the Senate on May 23. 

Finally in Texas, on May 24, the House General Investigating Committee released information regarding its investigation of Attorney General Ken Paxton (R). Paxton had met with legislators early in session requesting $3.3 million of taxpayer’s money in the state budget to settle a lawsuit between the Attorney General and former staff members. The lawsuit revealed the four former executives were fired in retaliation for reporting the Attorney General to authorities which violated the Texas Whistleblower Act. On May 27, the full House debated HR 2377, the 20 articles of impeachment. The resolution passed with a vote of 121 to 23 and was delivered to the Senate where the trial will begin by August 28. Gov. Greg Abbott (R) appointed John Scott to serve as the short-term interim Attorney General until a decision in the impeachment trial is reached. 

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

HB 1105, by Sen. Pete Flores (R) and Rep. Four Price (R), legislation that lowers the age to three years old and up for pharmacies to administer all vaccines and immunizations, is awaiting a hearing date in the Senate Health and Human Services Committee. NACDS and Texas Federation of Drug Stores’ (TFDS) chain pharmacists and independent pharmacists descended on the Capitol this week to educate all 31 Senate offices on the merits of the bill, sharing a Coalition letter signed by 13 Texas organizations, and passing out several pharmacy groups one-pagers explaining the bill. Late Thursday evening, the bill was posted for an 8:00 a.m. hearing on Friday morning in the Senate Health and Human Services Committee. Then an hour later, the Committee Chair, Senator Lois W. Kolkhorst (R), removed the bill from the agenda because of a disagreement with Sen. Flores. 

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