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.

for HB 1105, by Rep. Four Price (R), legislation that lowers the age to three years old and up for pharmacies to administer all vaccines and immunizations, was referred to the Senate Health and Human Services Committee for a hearing.

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

HB 1105 by Rep. Four Price (R), legislation that lowers the age to three years and up for pharmacists, pharmacist interns and certified pharmacy technicians to administer all vaccines and immunizations without a patient specific prescription or medical order, was approved on the full House second reading on May 4th by a vote of 113 to 28. The bill is up for third reading on April 5th. 

Also in Texas, HB 4990, Rep. Greg Bonnen’s (R) Texas Pharmaceutical Initiative, establishing a state PBM aimed at lowering costs and providing access to prescription drugs and other medical supplies for state employees, dependents and retirees of public higher education systems and institutions, Employees Retirement System members, Teacher Retirement System members, persons confined by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department, recipients of Medicaid, and enrollees of the Children’s Health Insurance Program. It was amended in the House and passed on May 2 by a vote of 128-12-1. The companion bill filed by Sen. Lois Kolkhorst (R) was heard in the Senate Health and Human Services Committee that she chairs on April 19 and was left pending. 

Finally in Texas, HB 1283, legislation NACDS supports that would maintain the single formulary and preferred drug list for Medicaid, passed the House on May 3rd by a vote of 146-0. 

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

HB 1105 by Rep. Four Price (R), legislation that lowers the age to 3-years old and up for pharmacists, pharmacist interns and certified pharmacy technicians to administer all vaccines and immunizations without a patient specific prescription or medical order was voted favorably out of the House Public Health Committee on April 26th by a 7-4 vote. 

Also in Texas, on April 25th, the House Human Services Committee held a hearing on HB 1293, Rep. Toni Rose’s (D) Medicaid rate floor bill that all pharmacy groups support, would require PBMs’ pharmacy reimbursement to at least cover the pharmacy costs. Committee members questioned Priscilla Parrilla with the Health and Humans Services Commission’s Vendor Drug Program about the concerning fiscal note, and requested VDP (Vendor Drug Program) provide the committee with more information on how that was calculated. The bill was left pending in the committee. 

Also in Texas, on April 26th, the Senate Health and Human Services held a hearing on SB 1619 by Sen. Charles Perry (R), legislation supported by all pharmacy groups that would prohibit the Health and Human Services Commission’s Vendor Drug Program from including any discount price offered for the prescription drug, including a discount offered through a third-party discount card when defining the price of a prescription drug for purposes of determining the Usual and Customary (U&C) reimbursement rate for Medicaid. The bill was left pending in the committee. 

The Senate Health and Human Services also took testimony on SB 1137 by Sen. Charles Schwertner (R), PBM ERISA (Employee Retirement Income Security Act) reform legislation being led by the Texas Pharmacy Association and the Texas Pharmacy Business Council that is supported by all pharmacy groups. The companion bill by Rep. Tom Oliverson (R), HB 2021, was heard in the House Insurance Committee on March 21st. Both bills were left pending in committee. 

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

Walgreens pharmacist Aimee Lusson testified at the House Public Health Committee on March 27 in support of HB 2088 by Rep. John H. Bucy III (D), on emergency insulin supply legislation. 

Also in Texas, Rep. Tom Oliverson’s HB 1543, legislation establishing a statewide standing order for prescribing an opioid antagonist, will be heard in the House Public Health Committee on April 3. 

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

To show legislators that this year pharmacies are a united front on PBM issues, NACDS submitted a support letter to the Texas House Insurance Committee on PBM ERISA reform legislation being led by the Texas Pharmacy Association and the Texas Pharmacy Business Council, HB 2021. A hearing was held on March 21.

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