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PioneerRx Pharmacy Laws and Regulations Tracker

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  • 01/27/2023 5:37 PM | Anonymous member (Administrator)

    This week was a week of level setting and the Legislature and Governor staking out their space for the rest of the 2023 session. For us, that means this weeks update will be pretty short.

    On Tuesday the Governor delivered her State of the State speech. In that speech she outlined the administration's priorities for 2023.

    Immediately after the speech, the Republican response was provided by Senate President Ty Masterson.

    The text of these speeches gives a pretty good indication of where a great deal of the time and effort in the Statehouse will be focused this session. There already have been a substantial number of bills introduced covering tax, education, and election issues.

    The only new bill we have added to our watch list this week is HB2202, which would exempt over-the-counter drugs from the state sales tax.

    Bills We are Championing - We have received the finished draft of a bill we have been promoting this session that would allow pharmacy technicians to continue to administer vaccinations after the expiration of the COVID-related Public Readiness and Emergency Preparedness Act (PREP Act) provisions. As part of the PREP Act all adequately trained and supervised pharmacy technicians could administer most vaccinations. In the bill we have requested, pharmacy technicians will be added to the list of those that can administer vaccinations under Kansas law. We hope to have the bill introduced in the coming week.

    Bills We are Watching

    SB5 - would amend the Kansas Telemedicine Act (Act) to clarify that “abortion procedure” includes the prescribing of drugs intended to induce an abortion.  Current provisions state that nothing in the Act shall be construed to authorize the delivery of an abortion procedure via telemedicine.  The bill would also prohibit those sections of the Act related to abortion from being altered or suspended during any state of disaster emergency declared by the Governor pursuant to KSA 48-924.Bill referred to committee. Currently, no action scheduled.

    SB6 – would restrict the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases, repealing the authority of the secretary to quarantine individuals and impose associated penalties. Bill referred to committee. Currently, no action scheduled.

    SB12 - would create the Kansas Child Mutilation Prevention Act and would define the crime of unlawful gender reassignment service.  The bill lists specific acts that would be considered knowingly performing, or causing to be performed, unlawful gender reassignment service upon a person under 21 years of age to attempt to change or affirm the person’s perception of the person’s sex if that perception is inconsistent with the person’s sex.  SB 12 categorizes unlawful gender reassignment service as a severity-level four, person felony.  The bill would allow for exceptions in certain cases where a person was born with a medically verifiable disorder of sex development.  The bill would also add violation of the Kansas Child Mutilation Prevention Act to the definition of “unprofessional conduct” under KSA 65-2837, as related to licensure under the Kansas Healing Arts Act. Bill referred to committee. Currently, no action scheduled.

    SB20 - would expand KSA 44-663 related to employer COVID-19 vaccine requirements to cover any vaccine requirement imposed by an employer.  This would include requiring an employee to receive a vaccine, requiring an employee to provide documentation certifying receipt of a vaccine, or enforcement of those requirements by the federal government or any other entity.  The bill would define “vaccine” as an immunization, vaccination, injection, or series thereof that is administered to stimulate immunity against a particular disease.  The definition of “employee” would also be amended to include students in high school and postsecondary educational institutions who interact with patients and deliver care at healthcare facilities under the supervision of licensed individuals.     In addition, the bill would amend provisions related to vaccine requirements for maternity centers, childcare facilities, and schools by requiring exemptions for sincerely held religious beliefs without inquiry into the sincerity of the request.  Religious beliefs would include, but not be limited to, theistic and non-theistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views.  The bill would also require the plaintiff statutory damages of $25,000 in actions against childcare facilities or schools for violations of the religious belief exemption. Bill referred to committee. Currently, no action scheduled.

    HB2007 - would prohibit the Secretary of Health and Environment from requiring a COVID-19 vaccine for any child cared for in a childcare facility or any student as defined in KSA 72-6262.  COVID-19 vaccine would be defined as an immunization, vaccination, or injection against disease caused by the novel coronavirus, defined as SARS-CoV-2 or disease caused by a variant of the virus. Bill referred to committee. Currently, no action scheduled.

    HB2202 - would exempt over-the-counter drugs from the state sales tax. Bill referred to committee. Currently, no action scheduled.

    If you have any questions or any thoughts you would like us to consider in our advocacy on these or other issues, please reach out to aaron@ksrx.org.

  • 01/04/2023 11:47 AM | Anonymous member (Administrator)

    With the implementation of the Inflation Reduction Act, starting Jan. 1, Medicare Part D plans are now covering more ACIP recommended vaccines! This change affects especially shingles vaccines, which many seniors delayed due to cost. Even for plans with a deductible, shingles vaccines are to be covered at no cost sharing for the participant.

    IRA also caps insulin monthly costs at $35 – while effective January 1, plans have until March 1 to comply. Those with monthly insulin costs above $35/mo January-February 2023 should reach out to their plans to establish how they will receive reimbursement.

    Learn more at https://www.medicare.gov/about-us/inflation-reduction-act

  • 01/04/2023 10:36 AM | Anonymous member (Administrator)

    KPhA has re-certified a number of recent continuing education sessions as home study courses, including a selection of courses from the 2022 Annual Meeting & Trade Show. Most classes are certified for pharmacists and technicians.

    There are five courses available as home study, with a sixth coming soon.

    • Pharmacy's Role in Pre-Diabetes
    • Comfortable Vaccines? Reducing Anxiety Surrounding Vaccines in All Ages
    • 2022 Annual Meeting
    • Navigating Through Community Pharmacy
    • 2021 Annual Meeting

    To find a listing of current KPhA Home Study Offerings click on CE & Events in the navigation area on the KPhA website. Then click on "Continuing Education."

  • 01/03/2023 6:00 PM | Anonymous member (Administrator)

    Join fellow pharmacists, technicians, and pharmacy students from the Sunflower State to advocate at the Kansas Statehouse in early February to strengthen the pharmacy profession in Kansas.

    A PAC Fundraiser will kick-off the event at the Tee Box, 906 S. Kansas Ave., in Topeka the evening of Wednesday, Feb. 1. The following day, we will gather at the statehouse, 300 SW 10th St., at 8:15 a.m. to engage in face-to-face grassroots advocacy with Kansas lawmakers. That evening, a Happy Hour social will take place (location TBD).

    To register, visit https://kansaspharmacistsassociation.wildapricot.org/event-5080756

  • 12/28/2022 10:58 AM | Anonymous member (Administrator)

    Gain the skills and information necessary to develop a testing program such as influenza, Group A Streptococcus, HIV, Hepatitis C, coronaviruses, and chronic diseases by taking the NASPA Pharmacy-Based Point-of-Care Test & Treat National Certificate Program through KPhA. There are two options for live component webinar: Feb. 11 or March 4.

    The 20-hour ACPE-accredited certificate program includes comprehensive material regarding key disease states, physical assessment, point-of-care tests and treatment, and business models. Comprised of 16 hours of home study and 4 hours of live training, including a skills assessment, this course will put you on the road to a test and treat program in your pharmacy.

    To learn more, visit https://kansaspharmacistsassociation.wildapricot.org/event-5083425

  • 12/23/2022 4:00 PM | Anonymous member (Administrator)

    Former KPhA lobbyist Ron Hein died on Wednesday, Dec. 21, 2022.

    A fixture in Kansas politics for 47 years, he served in the Kansas House of Representatives from 1975-1977 and the state Senate from 1977-1984, representing southwest Topeka. In 1978, Ron unsuccessfully ran for U. S. Congress in the 2nd District in Kansas. Thereafter, Ron established Hein Law Firm, Chartered (later Hein Governmental Consulting, LLC). He provided legal and governmental affairs services to clients with a wide range of issues.

    Ron is survived by his wife, Julie Hein; his two children, Derek Hein and Jennifer (Paul) Tims; his five grandchildren, Jackson, Sadie, and Silas Hein, and Porter and Crew Tims; his brother, Larry (Kathleen) Hein; and Linda Davis, mother of Derek and Jennifer, and lifelong friend.

    A Visitation will take place at 5 pm on Wednesday, Jan. 4, 2023, at Dove Cremations and Funerals Southwest Chapel, 3700 SW Wanamaker Rd, Topeka, KS 66610. A Celebration of Life will be at 10 am on Thursday, January 5, 2023, also at the chapel.

    Memorial contributions may be made to the Mayo Clinic Department of Development, 200 First Street SW, Rochester, MN 55905 or to the National Kidney Foundation of Kansas and Western Missouri, 9218 Metcalf Ave, #424, Overland Park, KS 66212.

    A full obituary can be found at https://www.dovetopeka.com/Obituary/258282/Ronald-Hein/Dove-KS

  • 12/13/2022 11:02 AM | Anonymous member (Administrator)

    On Feb. 3, the University of Kansas School of Pharmacy in Lawrence is hosting its Annual Preceptor Conference and APPE Showcase. A remote option will be available for the conference portion of the day. For those attending in person, lunch will be provided.

    The overall event will be from 8:30 a.m. to 2 p.m. but will be divided as follows:

    • 8:30am-11:30am, Preceptor Conference (Lawrence campus or Virtual)
    • 12:30pm-2pm APPE Showcase (Lawrence campus only)

    CE sessions will be available on the following topics:

    • Expectations of Preceptors
    • Assessing Struggling Students
    • Providing Effective Feedback

    Registration is now open. Deadline to register is Jan22.

  • 12/08/2022 1:50 PM | Anonymous member (Administrator)

    PAAS National® analysts continue to see audits requesting documentation of compliance policies and procedures. FWA Training and OIG/GSA exclusion checks are not enough to be compliant as they do not constitute a compliance program. Since 2009, PAAS’ Fraud, Waste & Abuse and HIPAA Compliance program has been designed to meet CMS’ seven core elements required to adopt and implement an effective compliance program, which include:

    1. Written Policies, Procedures and Standards of Conduct
    2. Compliance Officer, Compliance Committee and High-Level Oversight
    3. Effective Training and Education
    4. Effective Lines of Communication
    5. Well Publicized Disciplinary Standards
    6. Effective System for Routine Monitoring and Identification of Compliance Risk
    7. Procedures and System for Prompt Response to Compliance Issues

    PBM Provider Agreements require pharmacies to have a compliance program that meets CMS standards, and they reserve the right to request documentation of your compliance policies and procedures.

    Consider the following:

    • OptumRx Section VIII Compliance; Fraud, Waste and Abuse (FWA); General Training; Audits - “A Network Pharmacy Provider involved in providing services for Medicare Part D/Medicaid Members is responsible for implementing a program to control FWA and to facilitate compliance in the delivery of Covered Prescription Services through the Medicare/Medicaid benefits.”
    • Humana’s 2022 Notice of Program Requirements - Humana’s Compliance Policy for Contracted Healthcare Providers explicitly states pharmacies must have a compliance program that meets the seven elements outlined by CMS, including written policies, procedures and standards of conduct.
    • PerformRx Pharmacy Compliance Attestation 2022/2023 - PerformRx requires attestations to the following: The pharmacy has implemented and maintains a compliance program that is consistent, at minimum, with applicable federal and state requirements, including, but not limited to the standards set forth in 42 CFR §423.504(b)(4)(vi) and other Centers for Medicare & Medicaid Services (CMS) guidance set forth in the Medicare Part D Prescription Drug Benefit Manual.
    • While not public, Express Scripts and Caremark also have explicit language to require a compliance program. See Caremark's 2022 Provider Manual, Section 10.01.06 FWA program and Express Scripts 2022 Provider Manual with regards to maintaining a compliance program in accordance with CMS requirements.

    Ensure you have all your compliance bases met so you can provide proof when requested for credentialing or audit. Don’t have an FWA/HIPAA Compliance Program? Contact PAAS, info@paasnational.com or (608) 873-1342 and get started today!

    PAAS National® is committed to serving community pharmacies and helping keep hard-earned money where it belongs.

    By Trenton Thiede, PharmD, MBA, President at PAAS National®, expert third party audit assistance and FWA/HIPAA compliance.

    Copyright © 2022 PAAS National, LLC. Unauthorized use or distribution prohibited. All use subject to terms at https://paasnational.com/terms-of-use/.

  • 12/08/2022 1:21 PM | Anonymous member (Administrator)

    Now that OTC hearing aids are authorized for sale, join us to discuss the role of pharmacists in hearing care. During this month’s Pulse on Practice and Policy Open Forum, hear from a group of expert panelists from the University of Pittsburgh, including Lucas Berenbrok, PharmD, MS, BCACP from the College of Pharmacy, and Elaine Mormer, Ph.D., CCC-A from the School of Health and Rehabilitation Services. Join us to learn what pharmacists should know about OTC hearing aids and potential pharmacists’ roles in expanding access to hearing care. 12:00-1:00pm CT on Thursday, December 15th - register today!

  • 11/30/2022 5:41 PM | Anonymous member (Administrator)

    Please join us for the first KPF Leadership Book Club!

    We will be discussing the book "Who Moved My Cheese?" by Spencer Johnson (available on Amazon or your local library). All pharmacists, technicians, and students are welcome to attend.

    We will start the event with brief introductions from KPF board members and then go through discussion questions as a group. The meeting will be held via Zoom at 7:30 pm on Wednesday, Jan. 18.

    If you are interested in attending, please RSVP by January 15. Those who have read the book before are welcome to attend.

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