2018 legislative & pmp update
TRANSCRIPT
June 9, 2018Hyatt Hill Country Resort, San Antonio
Michael Wright, Executive Director
512‐992‐[email protected]
2018 Legislative & PMP UpdateACPE # 0130‐9999‐18‐153‐L03‐P&T
Accredited for 1.75 CE Hours
Describe the major bills that passed in the 2017 Texas session & their impact on Texas pharmacy;
Describe the major bills that passed in the 2018 NM session & their impact on NM pharmacy;
Identify the ongoing issues, challenges & priorities for community pharmacy in Texas & NM; and
Describe new regulations & developments in the Texas PMP program concerning the monitoring of controlled drugs and the impact on pharmacy operations and PMP data reporting.
Disclosure & Session ObjectivesPaid employee of TX Pharmacy Business Council. Conflict of interest: NonePaid Consultant of NM Pharmacy Business Council. Conflict of Interest: None
Learning ObjectivesAt the end of this session; you will be able to:
The Leading Texas Advocatefor Independent Pharmacy
Texas Pharmacy Business Council is the highly successful advocacy arm of
American Pharmacies. It is unique in the U.S. as the first full‐time, separate
advocacy organization for a buying group.
TPBC Board of Directors
ChairmanBruce Rogers, R.Ph., Victoria Vice ChairAlton Kanak, R.Ph., HoustonSecretary/TreasurerDoug Eakman, R.Ph., San Angelo
DirectorsLynn Everett, R.Ph., WacoBen McNabb, Pharm.D., Eastland
Bill Moore, R.Ph., SintonJoe Ochoa, R.Ph., Edinburg
TPBC Legislative Team
Executive Director:Michael Wright
Attorneys: Communications:Amanda Fields Chuck WatersMiguel Rodriguez
Consultants:Stephanie Gibson
Jerry Valdez
TPBC Guiding Principles
Focus on Achievable Goals You Can Build on. Take a Long‐term View: Alliances & Foundations Built
Today Reap Future Cooperation & Success. Always Be Willing to Discuss & Negotiate Differences. Always Honor Your Commitments. Credit Those Who Help – and Expect Credit for Your Help. Advocate the Value of Your Own Objectives & Efforts
Rather Than Attacking Others. We Are the Advocacy Leader for Texas Independents.
Our Board & Our Members Expect Us to Lead.
New Mexico Board
ChairmanDanny Cross, R.Ph.Carlsbad, NM
Vice ChairDavid Lansford, R.Ph.Clovis, NM Secretary‐TreasurerAshley Seyfarth, Pharm.D.Bloomfield, NM
Directors
Neal Dungan, R.Ph.Carlsbad, NM
Harvey McCroskey, R.Ph. Ret. Santa Fe, NM
LobbyistMinda McGonagleAlbuquerque, NM
NM Pharmacy Business Council
Moving the Needle!
Like TPBC, an independent subsidiary funded 100% by American Pharmacies
Big win in 2017 with passage of transaction fee bill
Momentum in 2018 working with Office of the Superintendent of Insurance on more visible & enforceable PBM compliance
Set new bar with Human Services Dept. (Medicaid) requiring MCOs be responsible for PBM compliance with NM PBM Regulation Act; and ongoing Rx reimbursement negotiations
TPBC providing guidance & support
Looking to 2019
Laying the Groundwork
Educating state level policy makers on the consequences of PBM profiteering power
Providing policy and lobbying leadership on behalf of Independent Community Pharmacy
Increasing PBM oversight within Office of the Superintendent of Insurance and the Human Services Department (Medicaid)
Actively engaging on all available aspect of reimbursement issues
New Mexico Legislature 2019
Legislative Package Themeso Strengthening PBM Rules of Engagement & Oversight o Audit Reformso Prompt Payo Pharmacy Patient Fair Practice Act
The Force is with you!
We’re Fighting for All of You!
TPBC works to advance and defend the
interests of all independent
pharmacists, not just members
of APRx.
American Pharmacies pays NCPA annual dues for all active shareholders
Michael Wright: Newest Member of NCPA State Legislative Affairs Committee
NCPA Congressional Legislative Fly In: April 2018Directors Joe Ochoa , Vance Oglesbee, Steve Hoffart, Ben McNabb, Communications Director Chuck Waters, TPBC Ex. Director Michael Wright. Ten (10) Congressional events
TPBC actively engaged with TX Congressional Delegation on Federal Bills on DIR Transparency, Drug Pricing Transparency, Provider Recognition
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NCPA/TPBC Congress
June 8‐10, 2017La Cantera Resort, San Antonio
DIR Fees/Transaction Fees Gag Rules/Clawbacks Audits MAC Transparency Narrow Networks Any Willing Provider
Michael J. [email protected]: 512‐636‐8110
TPBC Expertise —Affiliate Member Support: Other States
June 8‐10, 2017La Cantera Resort, San Antonio
Your Education & Licensing Requirements.
How You Buy, Store & Dispense Products You Sell.
The Stores You Own and Work in.
Why You Must Engage! Your Profession & Business Are Highly Regulated:
The Patient Records You Keep.
How You Get Paid; How Much You Get Paid. What You Can or Cannot Do as a Health‐care Professional ― Now or in the Future.
TPBC 2018 Honoree – John Hickman
John Hickman, RPhTDyer Drug Store, Farmersville, TX
John hosted a Legislative Update in Farmersville with State Rep. Justin Holland as speaker. Texas Sen. Craig Estes and U.S. Rep. John Ratcliffe also represented. Rep. Holland returned to John’s store twice and used it as backdrop for photo shoot. He is a major supporter of APRxPAC and also supports the campaigns of his elected representatives.
John has also been engaged with new TSBP Director Allison Benz on a variety of policy issues.
AdvocacyLeadership
Award
Elections Harvey‐$$$$$ School Funding: $$$$ Tax Relief: Property: $$$$ Immigration: Border/NAFTA:$$$$ Medicaid: $$$$ Child & Protective Services:$$$$ TXDOT Funding: $$$$ Opioids: $$$$
Major Statewide Issues
Conservative Control = Greater Fiscal Focus + Less Government Spending + No New Taxes
Less Government Spending = Limited Funds for Social Programs= Limitations/Reductions in Health Care = Reductions/Caps Provider payments
The Texas Legislature Key Legislative Allies31 Senators ─ 1 Pharmacist
Charles Schwertner, R.Ph., Georgetown)Sen. Juan Hinojosa (D‐McAllen)
151 Representatives ─ No Pharmacists
Rep. T Todd Hunter (R‐Corpus Christi)John Kuemple (R‐Seguin)
2017: 6,000+ Bills Filed —70+ Were Pharmacy‐Related2019: 50‐60 Pharmacy related Bills‐Estimate
Senate Bill 1076: PBM ClawbacksSB 1076 prohibits health plan/PBM from requiring a co‐payment for a covered medication that exceeds the lessor of: The standard copayment; The allowable claim amount for the medication; or The pharmacy's cash price.
NCPA survey: 83% of surveyed pharmacists experience 10 or more per month Deceptive Profiteering on Medications Pharmacies Are Unwilling Participant PCMA, TAHP, UNITED/OPTUM,CVS, PRIME,
EXPRESS, HUMANA,BC/BS all opposed
House Bill 1178: Pharmacy Crime
HB 1178: Increased Criminal Penalties for break‐ins targeting controlled drugs
Commercial Buildings: Pharmacies, Clinics, Doctors offices, Hospitals, wholesalers(Vehicles)
Opioid Abuse, Monitoring & Crime: #1 Issue Texas ranks #1 in Pharmacy Break‐ins from 2011‐16 Driven by Organized Gangs Like Fifth Ward Circle Txopioidcrisis.org
HB 2561: Texas PMP Checks & Reports
HB 2561: TSBP Sunset Bill TPBC position to treat All Prescribers/Dispensers in PMP and all at the same time
Pharmacy: Report to PMP 1 Business Day: Sept 2018 Mandatory Check of PMP before Prescribing 2019 Mandatory check before dispensing ‐ 2019
2018 Interim TPBC Priority Issues Opioids — Multiple Hearings, Lawsuits-
Manufacturers, PMP enhancements/expansion, prescribing restrictions, wholesalers
PBM Oversight-Texas Dept. of Insurance
PBM Oversight-Health & Human Services Commission
Health & Human Services: Networks, Any Willing Provider, Increase in generics –Medicaid Managed Care Formularies
OIG- PBM Oversight, Audits, Networks
TPBC Legislative Priorities Economic viability of Independent Pharmacy
PBM Practices Exposure:FeesAuditsNetwork accessAppeals processTransparency
How Can You Get Involved? Become Politically Active
Be Informed on Pharmacy Legislative Issues. Invite Candidate to YOUR Pharmacy
or Local Meeting. Support His/Her Election
Campaign. Visit District Office. Offer to Be a Resource on
Pharmacy Issues. Be Prepared to Come to Austin to Testify.
TPBC needs your support, starting with your relationships with elected leaders. Your involvement is vital:
Testify on key issues Call/email/visit elected
officials Leverage relationships to
influence outcomes
Join Our Grassroots Network!
www.txrxcouncil.org
Please welcome Scott Brunner, Senior VP for Communications & State Government Affairs
State Advocacy – A National View
To Your Profession,
Your Career,
Your Patients,
YOUR FUTURE!
Thank You for Your Dedication Effective Use of the Prescription Monitoring Program
American PharmaciesAPEX Conference
San Antonio, Texas
Allison Vordenbaumen Benz, R.Ph., M.S.Executive Director
June 9, 2018
Goals
Review appropriate use of the Prescription Monitoring Program (PMP) in Texas
Discuss legislation regarding the PMP passed by the 2017 Texas Legislature
Discuss the use of professional judgment/ ethics when accessing PMP data
January 1, 1981
The Texas Legislature passed Senate Bill 394, requiring prescriptions for Schedule II medications to be issued on triplicate form.
Prescriptions were required to be filled no later than the end of the second day on which the prescription was issued.
The program was administered by the Texas Department of Public Safety (DPS).
February 23, 1982
DPS adopted rules regarding the Triplicate Program.
September 1, 1999
House Bill 1070 was passed by the Legislature amending the Controlled Substances Act.
The triplicate prescription form was replaced with an official prescription form. The forms were required to be sequentially numbered and were still issued by DPS.
September 1, 1999 (Continued)
Senate Bill 254 required pharmacies to electronically submit Schedule II prescription information to DPS.
September 1, 2008
The Controlled Substance Act is amended to include Schedule III through V medications to the Prescription Monitoring Program.
Schedule II prescriptions may be dispensed up to 21 days after issuance.
2015
In 2015, the 84th Texas Legislature voted to transfer the PMP from DPS to the Texas State Board of Pharmacy.
2015
Senate Bill 195 moved the Prescription Monitoring Program from the Department of Public Safety (DPS) to the Board of Pharmacy; and
Eliminated the Texas Controlled Substance Registration program.
Timeline for Transfer of the PMP Program
November 2015 – RFP for the new PMP issued by TSBP.January 2016 – Appriss selected as the vendor.February – May 2016 – System installation at TSBP.May/June 2016 –Testing of program.September 1, 2016 – NEW PMP goes live.
PMP Account Setup
PMP AWARxE
Go to the PMP Website:texas.pmpaware.net
ORGo to the TSBP Website:
www.pharmacy.texas.gov
Effective September 1, 2017, HB 2561 Amended the Texas Controlled Substances Act
The bill: requires pharmacies to send all required information for Schedule II – V prescriptions to the PMP not later than the next business day after the date the prescription is completely filled; specifies that after 9/1/2019, a pharmacist or prescriber authorized to access the PMP, other than a veterinarian, shall access the PMP for the patient before prescribing or dispensing: Opioids; Benzodiazepines; Barbiturates; or Carisoprodol;
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HB 2561 (cont.)
specifies that a regulatory agency that issues a license to a prescriber or dispenser shall provide TSBP with any necessary information, including contact information to register the prescriber or dispenser with the PMP; and
adds a new Sec. 481.0764 to require wholesalers to report to TSBP the sale of controlled substances made by the distributor to a person in this state.
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Total Controlled Substances Dispensed FY2017
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Number of Patient SearchesFY2017
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Controlled Substances Dispensed by Type FY2017
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Registered Users in FY 2017
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License Number ofRegistered Users
Dentist 3,291Medical Resident with Prescriptive Authority 191Advanced Practice Registered Nurse 6,786Optometrist 16Pharmacist 18,460Pharmacist Delegate (Pharmacy Technician) 918Physician (MD, DO) 22,737Physician Assistant 2,989Podiatrist 221Prescriber Delegate 1,642Other Prescriber 86Veterinarian 109Other 138TOTAL 57,584
Push Notifications
71 72
HB 2561 (cont.)
The bill amends the TCSA to require each regulatory agency that issues a license, to a prescriber to promulgate specific guidelines for prescribersregulated by that agency for the responsible prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol.
Guidelines
Texas Medical Board §170.3Board of Pharmacy §291.29
Wholesaler Reporting
185 wholesalers reportingMore than 600,000 records
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Enhancing the Prescription Monitoring Program
E-prescribingClinical AlertsNarxCareSystem Integration
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Benefits of E-Prescribing
Adds safety and securityImproves patient care and outcomeReduces errors
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Potential Forged Paper Prescriptions in 2017
Data from self-reported drug abusers suggest that between 3% and 9% of diverted opioid prescriptions are tied to forged prescriptions.
If those statistics hold true across the state of Texas, that would mean that from 304,786 to 914,359 pre-scriptions were potentially forged prescriptions.
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E-Prescribing map
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Clinical Alerts
Prescriber & Dispenser ThresholdsOpioid & Benzodiazepine ThresholdOpioid Consecutive Days ThresholdDaily Active MME ThresholdDaily Active Methadone Threshold
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NarxCare is also available within PMP AWARE
• Provides full access to state of the art tools and assessments regardless of integration status
• Sets the stage for incremental data addition (determined by the State)
• i.e. non‐fatal overdose, drug court participation, naloxone administration data
www.facebook.com/TexasPMP
• The Texas PMP Facebook and Twitter pages will offer news and updates specific to the program.
• Both accounts will contain the same information.
Texas Prescription Monitoring ProgramSocial Media
twitter.com/TexasPMP
Texas PMP [email protected]
PHONE(512) 305-8050
Thank you!