Upha Legislative Committee Report – 2015

UPhA Legislative Committee Report – 2015 Priority Bills 3HB 446 - EXTENSION OF PRIMARY CARE NETWORK AND MEDICAID BENEFITS UNDER EXISTING 70/30 FEDERAL/STATE COST SHARING AMENDMENTS Chief Sponsor: James A. Dunnigan Senate Sponsor: ____________ General Description: This bill authorizes the extension of primary care network benefits to adults under 100% of the federal poverty level and extension of traditional Medicaid benefits to certain adults without a dependent child and certain adults with a dependent child. Highlighted Provisions: This bill defines terms; instructs the Department of Health to apply for a waiver from federal statutory and regulatory law to extend coverage under the primary care network to adults below 100% of the federal poverty level; allow psychiatrists, psychiatric advance practice registered nurses, and other mental health providers with prescribing authority to provide primary care in the primary care network; extend traditional Medicaid benefits to certain adults without a dependent child; extend traditional Medicaid benefits to certain adults with a dependent child and provide financial sustainability for the waiver by permitting the state to adjust the percentage of poverty level covered, either up or down, based on program costs and the state budget and instructs the Department of Health to continue negotiations with the federal government to obtain greater flexibility for any future Medicaid expansion. To Be Continued … Special Session? UPhA Position – Support This bill was the House version of Healthy Utah, which the Association also supported. The changes in Medicaid and Healthy Utah were discussed more than any other subject during the session. Because neither bill passed during the session, discussion will continue and hopefully a compromise bill will be agreed too. I don’t see that happening very soon in the calendar year but hopeful at some point a special session will be called to address the issues. 1SB 164 - ACCESS TO HEALTH CARE AMENDMENTS Chief Sponsor: Brian E. Shiozawa House Sponsor: James A. Dunnigan General Description: This bill authorizes an application for a waiver to the state Medicaid program to expand access to health care to the adult expansion population that does not qualify for the state's traditional Medicaid program. Highlighted Provisions: This bill authorizes the Department of Health and the governor to negotiate a waiver to the state Medicaid program to establish a pilot program to provide access to health care to certain individuals in the state; requires the state Medicaid waiver to meet certain conditions, including notifying enrollees that the expansion is a two year pilot program; sunsets the Medicaid waiver in two years and requires a legislative review regarding the percentage of participants employed, in training, or participating in a work search program; program enrollment categorized by employer sponsored plans, premium assistance, and medically exempt; and annual cost per enrollee; requires approval by the Legislature if the Center for Medicare and Medicaid Services changes the waiver conditions approved by the Legislature in this bill; and immediately repeals the Medicaid waiver if federal fund participation is reduced below a certain level. To Be Continued… Special Session? UPhA Position – Support First This is the Governors version of Healthy Utah. The Board of Directors voted to support this legislation. During discussions amongst legislators, the bill was modified to try and bring some consensus between the House and Senate. Senator Shiazawa invested a lot of time to bring the parties together but was unsuccessful. Both House and Senate versions will continue to be discussed during the year and a special session will be called when they get close to agreeing on something. 2HB 279 - PRESCRIPTION NOTIFICATION AMENDMENTS Chief Sponsor: Francis D. Gibson Senate Sponsor: J. Stuart Adams General Description: This bill amends provisions related to biosimilar products in the Pharmacy Practice Act. Highlighted Provisions: This bill deletes the definition of biosimilar; defines interchangeable biological product; requires a pharmacist to notify the prescriber when a biological product is dispensed if an interchangeable biological product is available; establishes the methods of notifying a prescriber; and amends repealer language. Passed & Enrolled – Support with Amendments UPhA was heavily involved in this bill. In its original version it contained several things the Association objected to as written. This bill is a prime example of duplication in pharmacy code to satisfy a specific segment of the industry. The result of the amendments results in no changes for pharmacist reporting of biosimilars. This bill is a prime example of why the Association must be involved in the legislative process. Without presence, the bill would have been a big problem for all pharmacies. This was a big deal but the battle is not over. The subject will be coming up during interim meetings or at least in the new session. 1SB 265 - ABUSE DETERRENT OPIOID ANALGESIC DRUG PRODUCTS Chief Sponsor: Jerry W. Stevenson House Sponsor: ____________ General Description: This bill enacts language related to the study of abuse-deterrent opioid analgesic drug products. Highlighted Provisions: This bill defines terms and requires the Public Employees' Benefit and Insurance Program to study the barriers to and efficacy of use of abuse- deterrent opioid analgesic drug products and report to the Business and Labor Interim Committee and the Health and Human Services Interim Committee. Passed & Enrolled– Support with Amendments UPhA supported this bill with the amendments. The original bill required insurance companies and PEHP to pay for abuse deterrent opioid drugs and included several other requirement that were not good for pharmacists. With the amendments the bill turned into a study bill concerning abuse deterrent opioid drugs and a report will be made to legislative committees during the summer interim meetings. Most of the discussions will concern payer and insurance companies and reimbursement costs. 1SB 158 - PHARMACY AMENDMENTS Chief Sponsor: Evan J. Vickers House Sponsor: Jon E. Stanard General Description: This bill amends the Pharmacy Practice Act and the Controlled Substance Database Act. Highlighted Provisions: This bill amends definitions; makes a technical amendment to patient counseling; amends unprofessional conduct provisions; authorizes administrative rulemaking regarding dispensing an emergency supply of certain drugs from an emergency room in limited circumstances; and amends access to the controlled substance database to allow a pharmacist in charge to give a pharmacy intern access to the controlled substance database. Passed & Enrolled – Support Senator Vickers bill was mostly a cleanup bill but added one feature to the language. The code will allow a pharmacist in charge to allow an intern to access the controlled substance database. Active Bills HB 135 - PHARMACY LICENSURE EXEMPTIONS Chief Sponsor: John R. Westwood Senate Sponsor: Evan J. Vickers General Description: This bill amends the Pharmacy Practice Act. Highlighted Provisions: This bill makes technical amendments to the exemptions from the Pharmacy Practice Act to coordinate the language from three different bills that passed in the 2014 General Session, which deletes language from the exemptions from licensing for providers who are required to obtain a license as a dispensing medical practitioner and removes obsolete cross references of code sections. This bill provides a special effective date. Passed & Enrolled - Support UPhA supported the bill as a cleanup bill from last years physicians dispensing bill. For over a year, DOPL has been working on rulemaking for the physician dispensing bill. Discovery showed that there was language that was inadvertently missed. We watch clean up bill carefully so other don’t take the opportunity to make amendments for their benefit. 1HB 235 - OCCUPATIONAL LICENSING AMENDMENTS Chief Sponsor: Norman K Thurston Senate Sponsor: ____________ General Description: This bill modifies the Division of Occupational and Professional Licensing Act. Highlighted Provisions: This bill requires the Division of Occupational and Professional Licensing (DOPL) and the board of each profession that has a time-based licensing requirement to report to the division director about the feasibility of creating a process to waive the time-based requirement for an applicant that has obtained the skill and knowledge equivalent to having completed the requirement and makes technical changes. Did Not Pass – Opposed even with Amendments UPhA had great concerns with this bill in its original form. It would allow any person under DOPL to test out of time-based requirements to obtain a license. DOPL put a lerge physical note on this bill because they were required to develop test to waive the time-based requirement. Now the bill in its current form requires DOPL to have a meeting with the Pharmacy board to determine if such a change would impact our profession. I am sure we will see this on the DOPL radar soon. We will have an opportunity to weigh in on this. 1HB 395 - CONTROLLED SUBSTANCE DATABASE AMENDMENTS Chief Sponsor: Edward H. Redd Senate Sponsor: Curtis S. Bramble General Description: This bill modifies provisions of the Controlled Substance Database Act. Highlighted Provisions: This bill requires the Division of Occupational and Professional Licensing to implement options for real-time submission of

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