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Legislative Update
2007 VPhA Legislative Tracking
(Updated 3/27/07)
March 27, 2007
Below is a listing of some bills of interest that VPhA had been tracking throughout the 2007 Legislative session. (Click on the Bill to be linked to the full text of the Bill.)
Bills VPhA Supported
SB 1084 Payments of claims submitted to pharmacy benefits managers
Phillip P. Puckett
Summary as introduced:
Pharmacy benefits management. Requires every contract for pharmacy benefits management to provide that payment for clean claims submitted electronically by participating pharmacies be paid electronically if the claim is required to be submitted electronically, the claim is in the form required by the payor, the pharmacy agrees to accept payments electronically, and the pharmacy provides accurate electronic funds transfer information. The measure will become effective if reenacted by the 2008 Session of the General Assembly.
- Current Status: Bill became law without Governor's signature (effective - if reenacted in 2008)
HB 1954 Pharmacy benefits managers; regulation thereof.
Harvey B. Morgan
Summary as introduced:
Pharmacy benefits managers. Establishes requirements for the regulation of pharmacy benefits managers within the Commonwealth. The measure provides that a pharmacy benefits manager owes a fiduciary duty to an entity providing health coverage, and requires a pharmacy benefits manager to perform its duties with care, skill, prudence, and diligence and in accordance with the standards of conduct applicable to a fiduciary in an enterprise of a like character and with like aims. In addition, it establishes requirements for prompt payment of claims and disclosures and other contractual provisions in agreements between pharmacy benefits managers and pharmacy providers.
Update: We introduced the bill this year to continue educating the legislators about the need for PBM regulation. While the legislation did not pass the discussion on PBMs continued in the General Assembly. In addition, see SB 1084 – Payments of claims submitted to pharmacy benefits Managers above. VPhA continues to fight for PBM reform. We are beginning a campaign to educate the public about PBM abuses and Virginia employers on ways to improve their PBM contracts.
- Current status: Bill left in Committee
AMP Budget Amendment
The Department shall conduct an analysis of the fiscal impact of the implementation of "Average Manufacturer Price" (AMP), as required by the federal Deficit Reduction Act of 2005, Public Law 109-171. By November 15, 2007, the Department shall report to the Governor and the chairmen of the Senate Finance and House Appropriations Committees the amount of savings anticipated in the November 2007 Medicaid Forecast as a result of this change in federal law. In the event that anticipated pharmacy savings exceed the amount of savings assumed in the 2006 Medicaid Forecast, the department shall make recommendations regarding the adjustment of pharmacy dispensing fees based on the impact of changes in local pharmacy reimbursements
- Current Status: Awaiting Governor’s signature.
HB 3188 Medicaid; DMAS to include a provision for electronic reimbursement for health care services.
Mark D. Sickles
Summary as passed House:
Mandatory electronic payment of Medicaid providers. Requires the Department of Medical Assistance Services to utilize, to the extent practicable, electronic funds transfer technology for reimbursement to contractors and enrolled providers for the provision of health care services under Medicaid and FAMIS.
- Current Status: Approved by Governor (effective 7/1/07)
HB 3090 Health care providers; privileged communications.
David B. Albo
Summary as introduced:
Privileged communications; health care providers. States that any investigations, reports, recommendations, statistical or other analyses, or databases designed to improve health care are not discoverable or admissible and shall not be classified as medical records.
- Current Status: Approved by Governor (effective 7/1/07)
Bills VPhA Opposed
SB 1391 Board of Pharmacy; membership.
Richard L. Saslaw
The Board of Pharmacy shall consist of ten members, as follows: eight licensed pharmacists who are graduates of an approved school or college of pharmacy, which shall include at least one pharmacy benefit manager or member of the managed care pharmacy industry, and two citizen members. In determining appointments to the Board, consideration shall be given to the various practice settings, such as long-term care, retail, mail order, managed care, and health-systems. The terms of office of the members shall be four years.
- Current Status: Bill stopped.
HB 2735 Certain prescription drug discount programs.
David L. Englin
Summary as introduced:
Certain prescription drug discount programs. Provides that any locality may participate in the National Association of Counties (NACo) Prescription Drug Discount Program.
Update: Bill was amended to include all programs offered by the National Association of Counties, not just the Prescription Drug Discount Program.
- Current Status: Approved by Governor (effective 7/1/07)
HB 2842 Pharmacist; requirement that sell and dispense drugs.
Franklin P. Hall
- Current Status: Bill stopped.
SB 879 Methamphetamine precursors; electronic log.
R. Creigh Deed
- Current Status: Bill stopped.
SB 978 Methamphetamine precursors; electronic log.
John S. Edwards
- Current Status: Bill stopped.
HJ 699 Prescription drugs; Joint Commission on Health Care to study accuracy of discard dates.
James M. Scott |
Summary as introduced:
Study; accuracy of discard dates on prescription drugs; report. Directs the Joint Commission on Health Care to study discard dates on prescription drugs and evaluate the feasibility of extending such discard dates.
- Current Status: Bill stopped.
Bills VPhA Monitored
HB 2034 Prisoners; payment for health care costs by local and state correctional facilities.
Phillip A. Hamilton
Summary as introduced:
Payment for health care costs of prisoners. Requires that payment by local and state correctional facilities for costs incurred for health care for prisoners not exceed the lesser of the amount that would be paid under Medicare or Medicaid.
- Current Status: Bill stricken at request of patron.
HB 2086 Radio Frequency Identification Disclosure Act; created.
Albert C. Eisenberg
Summary as introduced:
Radio frequency identification devices (RFID); disclosure on consumer goods. Requires the seller of a consumer good containing an RFID tag to conspicuously label the consumer good indicating such fact.
- Current Status: Bill passed by in House Committee on Science and Technology with letter.
HB 2738 Minimum wage; definition of employee.
David L. Englin
Summary as introduced:
Minimum wage; definition of employee. Repeals the existing exclusion for persons who have reached age 65 from the definition of an employee under the Virginia Minimum Wage Act.
- Current Status: Approved by Governor (effective 7/1/07)
SJ 397 Insulin & human growth hormones; DMAS to collect data on costs thereof to Medicaid program, report.
Mary Margaret Whipple
HJ 713 Insulin & human growth hormones; DMAS to collect data on costs thereof to Medicaid program, report.
John M. O'Bannon, III
Summary as introduced:
Study; Department of Medical Administrative Services; cost of insulin and human growth hormone to the Commonwealth's Medicaid program; report. Describes the epidemic of diabetes, the resulting pharmaceutical expenses, and the potential cost savings to the health care system with the advent of generic biologic medications. Requests the Department of Medical Administrative Services to collect and report data on the current costs of insulin treatment and human growth hormones to Virginia's Medicaid program. The resolution also calls for transmission of the report to the FDA requesting it to release guidelines to facilitate the production of generic biologics to treat diabetes and other diseases.
- Current Status: Senate failed to report. House stricken at request of patron
Please sign up for our members only E-Alerts by e-mailing Tim Musselman at tim@vapharmacy.org or call us at 800-527-8742. This will be the way we keep members updated on legislative issues affecting pharmacy as they evolve. To track all bills introduced in the 2007 session use the following link http://leg1.state.va.us/071/lis.htm
VPhA Legislative Overview – January 3, 2007
The Virginia General Assembly dates from the establishment of the House of Burgesses at Jamestown in 1619. It is heralded by Virginians as the "oldest continuous law-making body in the New World."
The 1776 Virginia Constitution confirmed our bicameral legislature, which consists of the House of Delegates and Senate of Virginia. All members of the General Assembly are elected by qualified voters within their respective House and Senate districts. The terms of office are two years for members of the House and four years for members of the Senate. Members may not hold any other public office during their term of office.
The General Assembly's chief responsibilities are to represent citizens in the formulation of public policy, enact laws of the Commonwealth, approve the budget, levy taxes, elect judges and confirm appointments by the Governor.
Get Involved!
Find out who your representatives are and what they stand for, read the newspaper, volunteer in your community, be aware of issues and how they affect you; realize that you can initiate change and remember that every vote counts. Your vote and your voice can always make a difference! If you need assistance or would like talking points on key issues contact our office.
The Virginia General Assembly website, http://legis.state.va.us/ contains a wealth of information. To learn who represents your district and their contact information, visit http://conview.state.va.us/whosmy.nsf/main?openform .
Contacting your legislator tips can be found at http://legis.state.va.us/cit_guide/cit_partic/contacting_my.html During the session it is best to fax or e-mail your representative as many issues are addressed so rapidly there is seldom time for the mail to be effective. You can also call to express your opinion on legislative issues. When the General Assembly is in session, the House of Delegates and Senate of Virginia jointly operate a toll-free, intrastate telephone message center to accept calls from citizens of the Commonwealth wishing to express an opinion on legislation. The messages are received by the center and will be relayed to the members' offices as requested. You may call the Constituent Viewpoint operators at (800) 889-0229 (outside Richmond) or 698-1990 (Richmond area) to express your opinion on a legislative issue.
WAYS TO INCREASE THE PROFESSION’S POLITICAL CLOUT
The existing and upcoming issues facing our profession warrant us to take a moment to see how we can improve our profession’s political clout. Below are six simple steps that we believe will assist our profession’s voice be heard. Please report back to us how it goes at becky@vapharmacy.org
1) Contact your legislators’ offices, introduce yourself if they do not already know you.
2) Let them know you are a pharmacist (student pharmacist, pharmacy technician) and THANK them for their consideration of pharmacy issues this session. Let them know you would like to serve as a resource for them on pharmacy related issues.
3) Ask to be put on their distribution list for events that will be held in their home district.
4) Once session is over, contact your senator and delegate and invite them to your pharmacy practice site - let us know when this is scheduled so we can offer assistance.
5) Go to at least one fundraising event for the Senator and Delegate in your area. Introduce yourself at the event as a pharmacist (student pharmacist, pharmacy technician) and remind them that you would like to serve as a resource for them on pharmacy related issues.
6) Contribute to the Virginia Pharmacy PAC – your profession needs to have a LOUD VOICE.
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