OSPA Legislative Update

(6/8/15)

 

 

Establishing provider status (HB 2028) has been the top priority of the association and it is headed to the Governor’s desk, but what we can accomplish this session is not over yet…

Providing a level playing field, so that we can afford to provide that care, is next in line.  A major reexamination of PBM behavior got hung up in committee, but there is an opportunity to make some progress through passage of an amended form of SB 93 allowing all pharmacies to provide 90 day fills for chronically used medications. 

We need your help contacting your legislator to encourage passage of the amended SB 93 on the House floor.  Use the attachment to see key points related to avoiding fragmented care and creating a level playing field.  You could also comment on your concern (not) that PBM’s will be economically challenged by ending their non-competitive practices.

Our lobbyists are hard at work, but we know that the PBM’s will be in the ear of legislators. 

It is up to you to assure that pharmacy’s voice is also heard.  Please reach out to your legislator ASAP. 

This week’s update is below.  This week, the bills that have had substantive action are in bolded italics.  If you have comments regarding legislation, simply respond by email to [email protected].  The OSPA Executive Committee will receive all comments and respond in a timely manner if requested. 

The most active legislation is listed below, click on any one description to jump to a more complete discussion.

SB 520:  Extends Age for Pharmacist Immunization Down to Age Seven

HB 2028:  Establishes Provider Status for Pharmacists and Explains Clinical Pharmacy Services

SB 93:  Establish Equal Rules for Dispensing of Chronic Medications

SB 148:  Addition of a Technician Member to the Board of Pharmacy

SB 71 and 626:  Increased Reporting Requirements to PDMP

HB 2875:  Enhancements to PBM Statute (2123) Passed in 2013

SB 147:  Regulation of Biosimilar Substitution

SB 841:  Update of Medication Synchronization

HB 2879:  Authority for Pharmacist to Prescribe and Dispense Hormonal Birth Control

***Extended discussion of legislation above***

(Additional legislation is being tracked by the legislative counsel and legislative committee.  For a full listing, and text of actual bills proposed, use the bill tracking tool described below.)

SB 520:  Extends Age for Pharmacist Immunization Down to Age Seven

SB 520 has passed both chambers of the legislature and is headed for the Governor’s desk!  Thanks to all who helped to advance this legislation that will expand patient access and hopefully improve a very weak immunization rate in Oregon. 

It proposed to lower the age for which pharmacists can administer immunizations from age 11 to age 7Click here to access testimony being used on the senate floor.  An article published in the Lund report can be accessed at this site: https://www.thelundreport.org/content/senate-health-moves-let-pharmacists-vaccinate-more-children.
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HB 2028:  Establishes Provider Status for Pharmacists and Explains Clinical Pharmacy Services

HB 2028A is through both chambers and on the way to the Governor’s desk. Our top priority for this session and a great outcome creating a west coast block of states with provider status.

This bill establishes provider status for pharmacists, clarifies the provision of clinical pharmacy services (CPS) and allows payment for the same, and defines CPS as provided under clinical service agreements or under protocol from Oregon Health Authority.  OSPA and the Pharmacy Coalition are actively working for passage of this bill.  Click on the following links for explanatory statements to be used in discussions related to this bill.  CPS Explanatory Statement - and - HB 2028 Statement.
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SB 93:  Establish Equal Rules for Dispensing of Chronic Medications

SB 93 has moved from the House Committee to the House floor with the desired amendments.  We expect the PBM’s will still attempt to fight the bill and we need pharmacists help contacting their legislator.  If it survives the House floor, we will likely need similar help on the Senate side in the near future, since they would have to accept the amendments approved in the House. 

This bill would require PBMs to allow all pharmacies to fill prescriptions for all chronic medications for 90 days, not only mail order or preferred networks.  PBM’s and payers are attempting to limit this to generics; a fallback position from their original desire to block completely.   Click here to access the original explanatory statement. Click here for new document being used on the house floor.
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SB 148:  Addition of a Technician Member to the Board of Pharmacy

SB 148 is through both chambers and on the way to the Governor’s desk.

SB 148 is through both chambers and on the way to the Governor’s desk. SB 148 was passed with amendments adding two pharmacy technicians to the Board of Pharmacy, in spite of support voiced by OSPA/OSHP for an amendment that would have added one technician and one pharmacist to the Board.  There is support for further expansion of the BOP to include two more pharmacist members in 2016 legislation, if the BOP wants to pursue this.
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SB 626:  Increased Reporting Requirements to PDMP   (SB 71 has disappeared in favor of SB 626)

SB 626A ran into a road block in the Senate Health Committee.  Although some parts of an alert program may be amended into another bill, the bill is unlikely to move forward.  Initially SB 71 would have required a 24 hour turn around on the time for pharmacies to report to PDMP, which was considered unworkable by OSPA leadership given current technology.  Negotiations modified the bill, changing it to a 72 hour window, and used SB 626A as the vehicle. 
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HB 2875:  Enhancements to PBM Statute (2123) Passed in 2013

Introduced initially by the Pharmacy Coalition to serve as a vehicle to tighten implementation of the breakthrough PBM legislation passed with the support of the association in 2013  (HB 2123).  An explanatory statement for the associations and letter of support from NCPA can be found here. 

The bill will not move forward, but in response to testimony by pharmacists, the insurance commission has specifically reached out to clarify concerns and clarify process for submitting concerns.  We will need the profession active in submitting complaints before we get to the 2016 short session. See attached documents provided by the commission: PBM Insurance Code and Consumer Complaint Form PBM-2015.
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SB 147:  Regulation of Biosimilar Substitution

OSPA and the Pharmacy Coalition actively opposed this bill.  We think it has disappeared, but there is word that efforts are already underway to raise it again in this next session. Click here to access the explanatory statement.
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SB 841:  Update of Medication Synchronization 

This bill currently sits in the Ways and Means Committee, since there is considered to be some fiscal impact.  There appears to be general support, but it is unlikely to move until late in the session.

SB 841 modifies requirements for health plan coverage of prescription drugs dispensed in accordance with synchronization policy, seeking to complete intended implementation of a bill passed two years ago.  It would require the Oregon Health Authority to implement synchronization policy for the dispensing of prescription drugs to medical assistance recipients who are not enrolled in a coordinated care organization.  OSPA and OSHP are working with a coalition to secure passage of the bill.  A draft explanatory statement can be found here.
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HB 2879:  Authority for Pharmacist to Prescribe and Dispense Hormonal Birth Control

HB 2879 continues to move along and will head to the Senate side for discussion soon.

HB 2879 would allow pharmacists to prescribe and dispense patch and oral hormonal birth control.  OSPA has provided suggestions for an amendment that would clarify some aspects of the bill.  Primary concern is the failure to include self-administered vaginal rings and assurance that pharmacists will be allowed to consult with patients if needed (the Board of Pharmacy is certain that they can handle these late concerns by rule).  Both OSPA and OSHP have expressed support for this bill.   
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You may track all of the bills being followed by our legislative counsel and legislative committee, and see the original bill text and current status, using the bill tracking software.  Click here to access bill tracking.

Encourage others to join you in association membership.  You and the other members of the state associations are paying for our lobbyists to be present.  In their absence, our profession would be shaped at the whim of every payor, insurer or other health professional. Click here for membership information.

Donate to the PAC.  Donating is as easy as clicking on this message.  Legislative voting is based on hearing the concerns of those at the table.  PAC donations, rightly or wrongly, is how you get a seat at the table.  We can help shape the conversation, if our legislators know we are invested in their actions.