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| Editor: Michael Jackson, R.Ph. April 5, 2009 | ||||||
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Legislature to Hold Current Florida Medicaid Reimbursement
Declining state revenues have forced Florida to examine its expenditures. In monitoring the Medicaid program the FPA has determined that the draft budget that is working its way through the appropriations committees does not have reductions for Medicaid pharmacy providers. You may recall that we reported in an earlier Stat News that Appropriations committees were provided suggested reductions for pharmacy providers by the Agency for Health Care Administration that dropped ingredient cost reimbursement by 2%. From our review it appears that the current reimbursement for pharmacy will not change during this session. It is likely that stimulus funds were tapped to close some of the funding shortages.
During a House Health Care Appropriations Committee FPA member and independent pharmacy owner Dave Wright testified on pharmacy reimbursement issues. This was an open hearing where individuals from various stakeholder groups were granted an opportunity to air their concerns over pending budget reductions. It was very clear that the committee was interested in what Dave had to say. They asked for budget reduction ideas and learned much from Dave's description of how pharmacies were reimbursed. They seemed particularly interested in what PBM's were doing to pharmacy and whether co-pays would help. They knew about the effect that "voluntary" copays in the Medicaid program would have on pharmacy providers. Dave suggested that if they go to co-pays that there should be none on generics. The committee believes that they could find a way around CMS's voluntary copay issue by allowing the pharmacy to refuse service after the "first" request to waive the copay.
The committee also asked about prompt pay from HMO's and what other things that pharmacy could bring to the table. Dave suggested that current laws that prohibit pharmacies from doing "therapeutic interchange" is driving up costs. He did point to brand named prescription drug manufacturers as a cost problem in particular for Florida Medicaid.
Dave's testimony was to put it mildly "well" received by the committee. It was very clear that they are interested in more of these public discussions from stakeholders. It is likely that a pharmacy patient providing additional comment would have been a home run. Dave drove all the way to Tallahassee and returned back to Fort Pierce after his presentation.
The legislative session however is still not over so we will continue to monitor until the appropriations bills are signed by Governor Crist.
Federal Government to Expand FUL List
The Florida Pharmacy Association has learned that the Center for Medicare and Medicaid Services has released a new federal upper limit (FUL) list on multiple source drugs. This is the list that Medicaid programs use to set the maximum allowable cost for certain prescription drugs. To view the list go to http://www.cms.hhs.gov/Reimbursement/. In some cases medications on the list are not available in certain markets. If you are finding this to be the case please let us know.
Controlled Substance Monitoring Program Bills Moving Forward
Senate Bill 462 and House Bill 897 are moving towards passage. These bills if signed into law would require pharmacies and dispensing practitioners to report to the State of Florida controlled substance prescriptions dispensed. A significant number of amendments have been placed on the Senate version of the bill that the FPA is monitoring. It is possible that the House version may take on some of the Senate language. Public records exemption bills are also traveling with the legislation. These companion bills are designed to protect health records from being routinely released by the state. The FPA is working with both bill sponsors on comfort language to ensure that providers are not unduly burdened by the program's costs or administrative requirements.
Florida House and Senate Endorsing New Pharmacy School at USF
House Bill 75 and Senate Bill 1120 have been filed to create a new pharmacy school at the University of South Florida in Hillsborough County. Both bills are moving through various House and Senate committees towards passage.
Special Compounding Program Offered at FPA Annual Meeting and Convention
On July 8th, 2009 during the Florida Pharmacy Association Annual Meeting & Convention to be held at The Renaissance Resort at World Golf Village in St. Augustine, Florida there will be a 6 hr. C.E. program entitled “Compounding Conference’. The program is a convention special conference which features Florida compounding pharmacists like Sam Pratt, BPharm, FIACP and Paul Franck, BPharm, FIACP. Also national compounding leaders like Dr. Loyd V. Allen, Ph.D. of the International Academy of Compounding Pharmacists (IACP) and Dr. Tom Murry, PharmD, M.S. of the Pharmacy Compounding Accreditation Board (PCAB). These gentlemen recently were featured speakers at the APHA Annual Meeting in San Antonio, TX. The program will also feature Lynette Perales, USP 797 specialist from Shands Hospital as well as Richard Sands, BPharm, CPh, Statewide Pharmaceutical Program Manager, who will address our Florida compounding laws & rules. This program, with the outstanding speakers and up to date information at both the national & state levels is a must for all compounding practitioners and those aspiring to provide these services in their practices. You can register with full convention registration or separately, however, if you wish to attend you should register NOW! You can register by contacting the FPA office at (850) 222‐4000 or go on line at www.pharmview.com TODAY!
DMEPOS Providers Required to Post Surety Bond by October 2, 2009
(From NCPA) U.S. Representatives Zach Space (D-OH) and Jo Ann Emerson (R-MO) have introduced H.R. 1970, the Preserve Patents Access to Reputable DMEPOS Providers Act of 2009. The bill exempts pharmacies from having to post surety bonds in order to provide Medicare Part B Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) to their patients.
The Centers for Medicare & Medicaid Services (CMS) issued a DMEPOS final rule that requires pharmacies to obtain a surety bond to continue selling DMEPOS by October 2, 2009. The average independent community pharmacy’s DMEPOS-generated revenue only comprises a small percentage of their gross annual sales. In fact, many independent community pharmacies percentages fall well below that threshold. Fourteen other medical professions are exempted from the surety bond requirement because of their state licensure, expertise and training—all qualities that pharmacists share. In rural and urban areas independent community pharmacies are often the only health care provider that provides access to health care supplies. H.R. 1970 will assure patient access to DMEPOS supplies and the consultation of their community pharmacist.
Installation of President Elect Ed Hamilton Pending at APhA Annual Convention
March Journal Posted on the FPA Website
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