Gov. Patrick Morrisey (R) signed HB 5430 , a bill that will further strengthen the state’s oversight of PBMs in both the commercial market and under the Public Employees Insurance Agency (PEIA). The law eliminates spread pricing; prohibits PBMs from using offshore group purchasing organizations (GPOs) to divert drug rebates; requires a 2026 pharmacy cost of dispensing study; and gives the Insurance Commissioner additional tools to regulate and oversee PEIA’s PBM.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The General Assembly's 2026 legislative session has adjourned. Two bills of particular interest to pharmacy have completed the legislative process: 

• HB 5430 – PBM (Commercial and Public Employees Insurance Agency (PEIA) updates) is on its way to Gov. Patrick Morrisey (R) for signature. The bill eliminates spread pricing, prohibits PBMs from using offshore group purchasing organizations (GPOs) to divert drug rebates, requires a pharmacy cost of dispensing study to be completed in 2026 and allows the Offices of the Insurance Commissioner to regulate and oversee PEIA's PBM. 

• HB 4982 – Make West Virginia Healthy Act of 2026 – Establishes a Food Is Medicine program under Medicaid, has been signed into law. 

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

HB 5430, legislation that would enact further PBM reforms in the commercial market, Medicaid and under the Public Employee Insurance Agency (PEIA), has passed the House unanimously and is currently in the Senate for further consideration. HB 5430 requires an annual pharmacy dispensing fee study, limits the amounts charged by PBMs and prohibits affiliate pharmacies from contracting with Medicaid and the Public Employee Insurance Agency (PEIA). It also requires the implementation of a pharmacy cost comparison tool on prescriber platforms. We expect the bill to be amended in the Senate before it heads to the floor for a vote.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Insurance Commissioner Allan McVey announced an $800,000 civil penalty on PBM Navitus for violating state laws governing pharmacy reimbursement, rebate pass‑through requirements and audit standards. State regulators found that Navitus failed to fully pass through negotiated drug rebates as required by state law, and, in some cases, reimbursed pharmacies below the mandated minimum of NADAC plus a $10.49 dispensing fee. Regulators also determined that Navitus paid its affiliated specialty pharmacy significantly higher rates than non‑affiliated pharmacies for certain drugs, creating an improper competitive advantage. The enforcement action reflects West Virginia’s aggressive oversight of PBMs since implementing licensure requirements in 2020 and signals increasing regulatory scrutiny of PBM transparency, affiliate relationships and reimbursement practices.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

NACDS reminds members that SB 526, the “Pharmacists Prescribing Authority Act” was effective July 11, 2025, and allows pharmacists to test and treat patients for flu, RSV and COVID under their own authority. The law does not require rules. Further details on this law, as well as other new laws and rules, are available in the West Virginia Pharmacists Association July newsletter.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Secretary of State published a series of new proposed Board of Pharmacy rules that would implement legislation adopted in the 2025 session. Note that these include rules that allow pharmacist and technician licensing reciprocity and streamlining and that include a prohibition on dispensing abortion drugs and gender altering drugs for non-adults. Comments are due to the Board of Pharmacy by 5:00 pm on July 17.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

A bill granting pharmacists broad prescriptive authority passed the Senate overwhelmingly and is now in the House Health and Human Resources Committee for consideration. SB 526 allows pharmacists to prescribe any appropriate therapy to treat a condition diagnosed by a CLIA-waived test.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Board of Pharmacy’s July Newsletter contains a comprehensive review of significant legislation passed by the Legislature in 2023 and an update on corresponding rules.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Board of Pharmacy’s April newsletter contains valuable information regarding legislation passed in the 2023 session and its impact on pharmacies, including HB 2754, which will make pharmacies PREP Act immunization authority permanent once rules have been promulgated. The Board’s goal is to do so by July 1, 2023. Of note, the newsletter provides information on an updated, online process to file Collaborative Practice Agreements.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.