Week 10 Update: Legislative Days 32- 35

SB46

With regard to GPhA’s priority legislation, SB 46 (pharmacist vaccine expansion), week 10 sent the bill on an interesting journey. Though the bill was favorably reported out of the House Health and Human Services Committee in week 9, concerns remained with regard to certain privacy issues.  As such, though SB 46 was scheduled for a floor vote, it was withdrawn and recommitted to committee. The good news is, Chairwoman Cooper, who is sponsoring the bill on the House side, was able to get the bill reheard in committee where it was favorably reported via substitute after Senator Burke and Department of Public Health Government Affairs Director, Megan Andrews, were able to walk through the changes to address the privacy concerns. The substitute did not change anything material with regard to pharmacist administered vaccines.  

Other updates for week 10 are set forth below. 

HB 316

 Representative Stephens’ bill expanding pharmacist to technician ratio to 4-1, provided that 2 of the 4 technicians are certified, was favorably reported by the Senate Health and Human Services Committee.   

HB 112

Representative Kelley’s legislation extending COVID-19 immunity protections for businesses and healthcare providers to July 2022 was passed by the Senate without changes.  It now goes to Governor Kemp’s desk for his consideration.  

HB 645

Representative Gravley’s medical cannabis bill was heard in committee, but was voted down after concerns were raised by several stakeholders. There is still time for this bill to undergo changes to address concerns and potentially be reconsidered in committee.

SB 80

Senator Kirkpatrick’s prior authorization bill was favorably reported by the House Insurance and Labor Committee via substitute. The substitute appeared to be a significantly watered down version of the bill which raised concerns by several provider groups. By week’s end the bill was withdrawn and recommitted to committee for further work. 

Frances Grice Lipscomb, August 29, 1931 – February 26, 2021

Frances Grice Lipscomb, age 89, of Dahlonega, Georgia passed away on February 26, 2021. She was the daughter of Charles and Gladys Grice and was born in Geneva, Alabama on August 29, 1931. Frances graduated from the University of Georgia College of Pharmacy in 1953 and was one of three women in her graduating class. While at UGA, she served as the President of Zeta Tau Alpha sorority. After graduation, she initially worked in a local Dahlonega drug store (Lipscomb Drug Company) that her father-in-law, Doc Lipscomb, owned and operated with her then-husband, George. Frances later moved to Atlanta to help establish the Georgia Medicaid program. She spent the rest of her career working to expand Medicaid and presided over the Pharmacy Division until her retirement in 1995. Frances was also the first female president of the Georgia Pharmaceutical Association (GPhA). She was a member of Epworth United Methodist Church where she was active with the Suzie Bowen Circle, the Food for Friends Ministry, the Adult Choir, and the Suzanna Wesley Sunday School class. She was also a volunteer at the Good Samaritan Center in Jesup, Georgia.

Frances was preceded in death by her parents, Charles and Gladys Grice, and her younger sister, Mary Ann Pollard. She is survived by her four daughters, Laura (Larry) McKinley, Melinda Lipscomb, Nancy Lipscomb and Lisa Lipscomb, as well as her grandson, Brent (Milly) Cole and her granddaughter, Alex (Travis) Harrison. Additional survivors include her three great-grandchildren; Randi, Sam, and Willa.

A private service will be held at a later date. In lieu of flowers, memorial donations may be made to Epworth United Methodist Church at 675 South Third Street, Jesup, Georgia 31545.

To share a memory of Mrs. Lipscomb or a condolence with the family visit andersonunderwood.com.

Anderson-Underwood Funeral Home, 2068 Hwy 19 N, Dahlonega, GA 30533

https://www.andersonunderwood.com/obituary/frances-lypscomb?lud=BBFF45CC6153D5C48F44413B83E226A6

To plant Memorial Trees in memory of Frances Lipscomb, please click here to visit the Sympathy Store.

Legislative Days 28 – 31

Week 9 opened with legislative day 28, which was crossover day.  By way of reminder, crossover day is the last day a bill may crossover from its originating chamber, and so if a bill does not crossover, it is no longer viable that session, though its contents may be subsequently added to a viable bill. The General Assembly worked into the night to get bills out of their originating chambers.

As previously reported, GPhA’s legislative priority,  SB 46 (pharmacist vaccine expansion), had already crossed over as had another bill central to pharmacy, HB 316 (expanding pharmacist to technician ratio to 4-1 provided that 2 of the 4 technicians are certified). 

Nonetheless, crossover day still proved eventful for pharmacy. More specifically,  HB 653 (allowing pharmacists to order and administer COVID-19 testing both serology (antibody) & viral (diagnostic) for a period of 12 months after the end of the federal emergency) was voted out of the House on crossover day after being added to a supplemental Rules Committee calendar that afternoon. This made crossover day a successful one for pharmacy.  

In addition, several other bills GPhA is monitoring made crossover, while others did not.  Set forth below is a breakdown of those bills. 

Also, following crossover, the House Health and Human Services Committee held a hearing on SB 46 and it was favorably reported via substitute. Importantly, the provisions involving pharmacist authority remain unchanged in the substitute. 

GPhA Monitored Bills That Made Crossover

• HB 93 (Eliminating duplicative state licensure and regulation of clinical laboratories)
• HB 112 (Extending COVID-19 immunity protections for businesses and healthcare providers to July 2022
• HB 234 (Option for self-funded healthcare plans to opt into Georgia’s Surprise Billing Consumer Protection Act)
• HB 367 (Drug update)
• HB 454 (Providing for certain coverage requirements concerning providers that become out-of-network during a plan year)
• HB 601 (Removing Epidiolex as a Schedule V controlled substance)
• HB 645 (Making changes to Georgia’s existing medical cannabis law)
• SB 80 (Prior authorization)
• SB 92 (Prohibiting the sale to and by minors of OTC drug products containing dextromethorphan)
• SB 215 (Authorizing certified medication aides to administer certain medications to patients in nursing homes and requiring nursing homes that use certified medication aides to secure the services of a licensed pharmacist as part of a nursing homes quality assurance functions)

 GPhA Monitored Bills That Did Not Make Crossover

• HB 49 (Mental Health Parity Act requiring drug plans to include coverage for mental health conditions)
• HB 73 (Insulin copay cap at $50)
• HB 164 (Requiring insurers pass back 80% of rebates to patients at prescription drug counter)
• HB 413 (Prohibiting state or local governments from requiring individuals to submit to vaccinations as a condition to certain actions if the vaccine does not meet certain conditions)
• HB 447 (SHBP transparency)
• HB 448 (Medicaid managed care transparency)
• HB 474 (Requiring concurrent prescribing of an opioid antagonist with opioids under certain circumstances)
• HB 592 (Clarifying gross negligence standard in actions involving COVID-19 liability claims against healthcare providers)
• SB 1 (Providing that entities that receive certain tax credits and that provide self-funded, employer sponsored insurance plans are submitting entities)
• SB 181 (Reducing out-of-pocket cost of consumers requiring insulin)

Legislative Days 25 – 27

HB 653

HB 653, introduced by Representative Jasperse, allowing Pharmacists to order and administer COVID-19 tests, was first read in the House and was favorably reported via substitute out of the House Health and Human Services Committee in its last meeting before cross-over day, which is March 8.  

The substitute allows pharmacists to order and administer COVID-19 testing, both serology (antibody) & viral (diagnostic), for a period of 12 months after the end of the federal emergency.  This language is a result of a compromise with the understanding that we will continue discussions of this issue in the months to come should this legislation pass and become law. 

While not ideal, from a public health perspective, this bill will ensure the public have broad access to COVID-19 testing from highly trained pharmacists, immediately after the federal emergency is over. 

Even though this legislation was favorably reported, it has just one day to make it through the House Rules Committee, and then pass the House via a floor vote, so it has a ways to go in a short period of time.

By way of reminder, with regard to GPhA’s priority legislation, Senator Dean Burke’s SB 46 (Pharmacist administered adult ACIP recommended vaccines pursuant to protocol), this bill has already been passed by the Senate via substitute and awaits consideration by the House.   

Previously Introduced Legislation

 HB 316

 Representative Stephens’ bill expanding pharmacist to technician ratio to 4-1, provided that 2 of the 4 technicians are certified, was favorably reported by the House Health and Human Services Committee and passed on the House floor. GPhA offered testimony in support.   

 HB 601

Representative Stephens bill removing Epidiolex as a Schedle V controlled substance was favorably reported by committee and passed the House in week 8. 

HB 645

Representative Gravely’s legislation making changes to Georgia’s existing medical cannabis law was favorably reported by committee and passed the House. GPhA remains engaged in this legislation and seeking some small changes.   

SB 80

Senator Kirkpatrick’s prior authorization legislation was passed by the Senate via substitute. 

SB 92

Senator Robertson’s bill prohibiting the sale to and by minors of OTC drug products containing dextromethorphan was passed by the Senate.    

THE GPHA BOARD NAMES JONATHAN SINYARD AS PRESIDENT ELECT

ATLANTA (February 11, 2021) The Georgia Pharmacy Association (GPhA) Board of Directors elected Jonathan Sinyard, PharmD, as President Elect, with his installation occurring at the Georgia Pharmacy Convention in June 2021. He will replace Mahlon Davidson as President Elect, who will assume the board presidency. Sinyard has served on several committees and graduated from LeadershipGPhA in the 2015 inaugural class. He was elected to an at-large board of director seat in 2016 and again in 2019. Sinyard is a graduate of University of Georgia College of Pharmacy (2009). He hails from Cordele, Georgia, where his lives with his wife Michelle and their two daughters, Caitlin and Bailey Grace.

When asked why he chose the profession of pharmacy, Sinyard said, “I’ve always been very interested in the field of healthcare. I began working in a pharmacy during the summer after my first year of college and loved it. I thoroughly enjoyed the face to face interactions with patients and being able to help them. The relationships that we build with our patients as we serve them is what keeps me engaged in retail pharmacy even to this day.”

Sinyard works at Adams Drug Store, Cordele, GA. He began working during the summer of 2004, continued as an intern through pharmacy school, and was hired as a full-time pharmacist upon graduating in 2009. He later purchased the pharmacy in 2019. “My store has been in business for 70 years and we’ve got second and third generation patients that we serve. It is such a blessing to be able to serve our community with state-of-the-art pharmacy services, while still retaining the level of service that they have come to expect,” he shared.

When asked why he is passionate about GPhA leadership, Sinyard said, “I love the networking and advocacy that GPhA offers. It’s always great to go to GPhA events, because it feels more like catching up with old friends rather than a “work meeting.”  It’s great to have those relationships in the pharmacy world, because when I have a question, 9 times out of 10, there’s a GPhA member that’s got the answer I’m looking for. I also can’t say enough about the advocacy work that GPhA does on behalf of its members. The world of pharmacy is an ever-changing landscape, and it’s great to know that we have someone on our side fighting for ALL pharmacists in Georgia.”

When he first got involved with GPhA as a student in college, it was for the networking with other students and practicing pharmacists. Over time, he said, “it has blossomed into so much more than that.”

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The Georgia Pharmacy Association represents Georgia’s pharmacists, pharmacy technicians, and their patients. We fight for pharmacists at the capitol. We provide education, networking, and resources to improve pharmacy practice every day. For more information and the latest pharmacy news, visit GPhA.org.

Media Contact:

Michelle Turkington, Director of Marketing and Communications

Georgia Pharmacy Association

mturkington@gpha.org

678-640-4313

THE GPHA BOARD NAMES MAHLON DAVIDSON AS PRESIDENT

 ATLANTA (February 11, 2021) The Georgia Pharmacy Association (GPhA) Board of Directors named Mahlon Davidson, RPh, as president, with his installation occurring at the Georgia Pharmacy Convention in June 2021. He will replace Wes Chapman, RPh, as GPhA Board President. Davidson grew up in Camilla, Georgia and graduated from the University of Georgia College of Pharmacy in 1982, with a specialty in diabetes management. Davidson has been practicing in Conyers/Covington area for the past 33 years (Big B Drugs and Kroger). He is a UGA preceptor and enjoys working with students. He resides in Oxford, Georgia, with Peaches the cat. He has two sons, Nick (an attorney) and Blake (a geologist). His second love after pharmacy is fishing.

Davidson has been an active member of GPhA since 1985 and has a long list of achievements. In 1997, Davidson served on the Pharmacy Practice Act Revision Commission, representing employee pharmacists. Davidson was instrumental in founding the Academy of Employee Pharmacists, serving as chairman from 2002-2003. He was named Employee Pharmacist of the Year in 2003. He has served two terms as Georgia Fifth Region President and was recognized as the Mal T Anderson Outstanding Region President in 2004. He chaired the Pharmacy Membership Linkage Committee 2016-2017. Davidson is a gold-level contributor to PharmPAC and was formerly chairman of its board from 2019-2020. “GPhA offered me the ability to shape my future. It gave me the chance to sit around with pharmacists from different work settings and discuss what changes were needed in our profession,” said Davidson.

We asked Davidson why he went into pharmacy and he shared that his mother was a type 1 diabetic and because of it, he had many interactions with their local pharmacy. Through his frequent encounters, he realized the importance of the relationship to his mother’s care and well-being. “Our small-town pharmacy was the first-line entry to our local healthcare system,” he said. “I wanted to be that important piece of my own patient’s healthcare system. I get up every day with the intent to make a positive impact.”

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The Georgia Pharmacy Association represents Georgia’s pharmacists, pharmacy technicians, and their patients. We fight for pharmacists at the capitol. We provide education, networking, and resources to improve pharmacy practice every day. For more information and the latest pharmacy news, visit GPhA.org.

Media Contact:

Michelle Turkington, Director of Marketing and Communications

Georgia Pharmacy Association

mturkington@gpha.org

678-640-4313

Week 7 Update: Legislative Days 20 – 24

There was no action this week on GPhA’s priority piece of legislation, SB 46 (pharmacist vaccine expansion), but remember that it has already passed out of the Senate and awaits consideration in the House. It has been assigned to the House Health and Human Services Committee and we look forward to a hearing on this bill in the coming weeks. 

This week the final adjournment schedule has been set with cross-over day (the day a bill must cross over from its originating chamber) scheduled for March 8, and legislative day 40 (sine-die) scheduled for March 31.  

Reaching the halfway point and beyond in week 7, it was a busy week for committees. Several  bills GPhA is watching were heard either in subcommittee or full committee and GPhA also offered testimony throughout the week.  

In addition, several bills were introduced in week 7 which GPhA will be watching.  Also, HB 653, a critically important bill for public health and pharmacy was filed by Representative Rick Jasperse on legislative day 24. This bill expands the definition of “pharmacy care,” in Title 26 to include pharmacists conducting (1) COVID-19 testing; and (2) pharmacists conducting tests that have been approved by the FDA for home use. Pharmacist COVID-19 testing has been a central part of the state and nation’s public health response, but pharmacist authority is tied to the national health emergency and is not currently contemplated under Georgia law. This bill allows pharmacists to continue to conduct COVID-19 testing outside the period of national emergency. With regard to home use tests, pharmacist authority already exists in Georgia’s Clinical Lab Act, but this legislation looks to include the authority in the Pharmacy Practice Act as well. GPhA is grateful to Representative Jasperse for bringing this important piece of legislation.   

Finally, GPhA held its second virtual Day at the Dome event via zoom with UGA and PCOM participating.  Students heard from, amongst others, GPhA President Wes Chapman, Dr. Liza Chapman, and GPhA CEO Bob Coleman.

Other Legislation Introduced in Week 7

HB 601

Introduced by Representative Stephens, this bill provides that the definitions of low THC oil, marijuana, and tetrahydrocannabinols do not include certain federally approved products and removes Epidiolex as a Schedule V controlled substance. 

HB 645

This bill, introduced by Representative Gravely, makes several changes to Georgia’s existing medical cannabis law. These changes include, amongst other things, changes to O.C.G.A. 16-12-206 which deals with pharmacy dispensing of low THC oil. This bill still contemplates the Georgia Board of Pharmacy (BOP) creating a specialty dispensing license but appears to restrict the license to independent pharmacies. In addition, current law contemplates the BOP promulgating rules regarding dispensing jointly with the Cannabis Commission, but this bill would have the BOP separately promulgating rules for dispensing of low THC by pharmacies. GPhA remains actively engaged in discussions on this legislation.  

SB 215

Introduced by Senator Walker, this bill authorizes certified medication aides to administer certain medications to patients in nursing homes. This legislation also contemplates nursing homes that use certified medication aides to secure the services of a licensed pharmacist as part of a nursing homes quality assurance functions to perform, amongst other things, periodic medication reviews and monitoring compliance with established policies and procedures for medication handling and storage. This legislation is moving quickly as it was introduced, favorably reported by committee, and passed by the Senate all in week 7. GPhA will continue to monitor and engage if necessary.   

Previously Introduced Legislation

HB 73

Representative Hugley’s bill looking to cap insulin copays at $50 for a thirty-day supply was heard in the House Insurance subcommittee and was favorably reported by the subcommittee.  GPhA testified in support of this legislation and provided several examples of recent exorbitantly high insulin copays. This legislation now awaits a hearing by the full Insurance Committee.

HB 93

Representative Cooper’s bill seeking to eliminate duplicative state licensure and regulation of clinical laboratories was favorably reported by the Senate HHS Committee.  On the House side GPhA had secured several changes in this legislation which remain in the bill. 

 HB 367

Representative Parrish’s annual drug update bill was passed by the House. 

HB 447 & HB 448

Representative Knight’s state health benefit plan transparency bill and Medicaid transparency bill were both heard by the House Special Committee on Access to Quality Healthcare. Several stakeholders testified against this legislation.  GPhA and the Dental Association testified in support of this legislation. This was a hearing only and there was no vote on the bills.  

HB 454

Representative Newton’s bill providing for certain coverage requirements concerning providers that become out-of-network during a plan year was favorably reported by the House Special Committee on Access to Quality Healthcare. MAG and GPhA offered testimony in support of this legislation.  

SB 80

Senator Kirkpatrick’s prior authorization legislation was favorably reported by the Senate Health and Human Services Committee via substitute. Several stakeholders including PCMA testified against this legislation. MAG, the Georgia Dental Association, and GPhA all testified in support of this legislation at the subcommittee level.

SB 92

Senator Robertson’s bill prohibiting the sale to and by minors of OTC drug products containing dextromethorphan was favorably reported by the Senate Judiciary Committee via substitute.  GPhA has secured several changes in this legislation over the several years it has been introduced and continues to monitor as it makes its way through the legislative process. 

Legislative Days 17 – 19

GPhA’s priority piece of legislation, SB 46 (pharmacist vaccine expansion) continues to make its way through the legislative process at a good pace having passed out of the Senate with resounding support. This bill now crosses over from the Senate (its originating chamber) to the House for its consideration.  

Legislation Introduced in Week 5

HB 413

Introduced by Representative Camp, this bill looks to prohibit state and local governments from implementing laws, rules, or orders from requiring the receipt of vaccines to prevent SARS-CoV-2 or COVID-19 for any reason unless certain requirements are met including, amongst other things that the vaccine has been licensed for use by the FDA. Emergency use authorizations do not count as “licensed,” by the FDA for purposes of the bill.   

HB 447

Introduced by Representative Knight, this bill seeks to increase transparency in the state health benefit plan (SHBP) by requiring that contracts entered into by the Board for health care coverage or services under the SHBP contain provisions relating to disclosure of cost related data relative to the plan. Cost related data includes pricing information, rebate accounting, reimbursement rates, net profits, and consulting fees. This bill would also require disclosure of the foregoing information to the General Assembly and provides that this information be made subject to disclosure under Georgia’s open records act.  

HB 448

Also introduced by Representative Knight, this bill is almost identical to HB 447 except that it acts upon contracts entered into by the Board for health care coverage or services under the Medicaid and PeachCare for Kids Program.  It contains provisions relating to disclosure of cost related data relative to the plan. Cost related data includes pricing information, rebate accounting, reimbursement rates, net profits, and consulting fees. This bill would also require disclosure of the foregoing information to the General Assembly and provides that this information be made subject to disclosure under Georgia’s open records act.  

HB 474

Representative Cooper introduced this bill which would require prescribers who prescribe an opioid for a patient to concurrently prescribe an opioid antagonist if the amount of opioid being prescribed is greater or equal to 50 MMEs. GPhA is closely monitoring this legislation. 

SB 181

Senator Jordan introduced this bill which looks to reduce out-of-pocket costs for consumers requiring insulin.  More specifically, it looks to limit the total cost sharing amounts for patients to no more than $50 per 30 day supply of insulin.

 Previously Introduced Legislation

HB 93

Representative Cooper’s bill seeking to eliminate duplicative state licensure and regulation of clinical laboratories passed out of the House and crosses over into the Senate.

HB 367

Representative Parrish’s annual drug update bill was heard in the Judiciary Non-Civil subcommittee and GPhA offered testimony in the support of the legislation. It was favorably reported out of the subcommittee and then favorably reported out of the whole committee.

SB 80

Senator Kirkpatrick’s Ensuring Transparency in Prior Authorization Act was heard by a Senate Insurance & Labor subcommittee for a hearing only (no vote). While there was no vote, testimony was offered from stake holders both in support of the legislation and opposed to the legislation. GPhA testified in support as did the Dental Association and the Medical Association of Georgia.     

The Georgia DPH has let GPhA know that they are experiencing “significant” weather delays on vaccine shipments. They do not have arrival status at this time. We will do our best to keep you informed. Stay warm.

Legislative Days 13 – 16

And just like that, four percent of Georgia’s 2021 legislative session is on the books.  While there were not an overwhelming number of pharmacy bills introduced, week 5 still proved to be consequential.

SB 46 (pharmacist vaccine expansion) was the subject of some attention, as there appeared to be an organized effort to oppose the legislation, including representations to senators that, amongst other things, the bill would mandate that patients receive certain vaccines. Of course, the bill does not contemplate any such vaccination mandate, and that point was driven home at the Senate Health and Human Services Committee meeting, in which the bill was favorably reported by substitute.

At the hearing representatives from GPhA, the Georgia Nursing Association, the Medical Association of Georgia, the Georgia Retail Association, the Georgia Hospital Association, CVS, and the Georgia Department of Public Health spoke out in support of the bill and its benefits to public health. In addition, online support was provided by Rx in Reach Georgia Coalition. The day of the hearing, many GPhA members also reached out to members of the committee in advance of the hearing to voice their support for the bill. 

If passed, this bill will expand vaccines pharmacists and nurses can administer, pursuant to a  protocol to all ACIP recommended vaccines for adults, as well as vaccine for an illness that have resulted in a public health emergency. Thus, if passed pharmacists would be able to administer, amongst other things, vaccines for COVID-19, Hepatitis A and B, TDAP, MMR, and HPV. 

Legislation Introduced in Week 5

HB 316

Introduced by Representative Ron Stephens, this bill looks to expand pharmacist to technician ratio from three to four technicians, provided that if a pharmacist is supervising four technicians then two of the four would need to be certified.    

HB 367

Representative Butch Parrish introduced the annual drug update bill that changes certain provisions relating to drug schedules for controlled substances and the definition of dangerous drug.  

Previously Introduced Legislation

HB 93

Representative Cooper’s bill seeking to eliminate duplicative state licensure and regulation of clinical laboratories was heard in the House Health and Human Services Committee and favorably reported via substitute. The substitute contained several changes requested by GPhA including clarifications with regard to CLIA waivers, the ability to sell HIV tests cleared by the FDA for home use, and the inclusion within the definition of pharmacy care of pharmacists administering tests that have been cleared by the FDA for home use. This authority currently resides in Georgia’s clinical laboratory code section which the bill seeks to eliminate so we are seeking to move the authority to the Pharmacy Practice Act. 

GPhA is grateful to Representative Cooper and the Georgia Department of Community Health for working with GPhA to make these important changes to the bill.  

HB 112

Representative Kelley’s bill extending COVID-19 immunity protections for businesses and healthcare providers to July 2022 continues to move at a rapid pace, being favorably reported out of committee and the passing out of the House.  It will now be considered by the Senate.  

 A Word on Pharmacist COVID-19 Testing

As you are likely aware, since the early days of COVID-19 testing, pharmacists have centrally figured into the equation with both large national chain pharmacies and independent pharmacies, performing COVID-19 tests for their patients both in Georgia and nationwide.  Pharmacists in Georgia have been performing these functions pursuant to authority granted to them by US HHS pursuant to the PREP Act during the period of federally declared emergency.  

The federally declared emergency is eventually going to expire, but  the need to continue to test for COVID-19 is expected to remain. Thus, if pharmacists are going to be able to continue to administer COVID-19 testing, Georgia law is going to need to be changed.  Over the last several weeks, GPhA has engaged with stake holders in an effort to continue to find a path forward for such change to the law. 

The Medical Association of Georgia (MAG) remains opposed to a change in Georgia law allowing pharmacists to conduct COVID-19 testing. And while GPhA respects MAG’s position, it does not mean we agree with it. For the good of Georgia patients, GPhA anticipates legislation being introduced in the coming weeks to make just such a change in the law.  In so doing, patients will gain greater access and flexibility to COVID-19 testing after the expiration of the EUA. It is important to note that while GPhA and MAG enjoy an excellent relationship, and very much want that to continue to be the case in the future, sometimes there are different perspectives on an issue, and we have reached one of those occasions on the issue of COVID-19 testing. 

However, while not in agreement on this particular issue, GPhA and MAG’s relationship has born significant fruit over the last several years including collaborations on opposition to mergers, working together on PBM reform, advocating for greater transparency, and the promulgation of PBM regulations. We anticipate such collaborations to continue despite being at odds on the issue of COVID-19 testing.  There will be more to come on COVID-19 testing in the weeks to come but we are going to rely on you, our members, to help let legislators know how important pharmacists are in assuring the public has continued access to COVID-19 tests in the months and years to come including the testing of both symptomatic and asymptomatic patients.  

URGENT! 
Time Sensitive – We need your help NOW!

 Senate Bill 46 that expands the vaccines pharmacists can administer via protocol to all ACIP recommended vaccines for adults, including the Covid-19 vaccine, is being heard in a Senate HHS committee meeting this afternoon at 2 PM.
 
It has come to our attention that there is an organized effort to oppose this legislation.  
 
Please reach out to the senators on the HHS committee this morning via phone or email and
 
1:  Tell them that by empowering pharmacists, SB 46  will increase patient access to needed vaccines and improve health outcomes for Georgians; and 
 
2: Ask for their support and vote in support of SB 46.
 
Committee Members
 
Watson, Ben Chairman
ben.watson@senate.ga.gov
(404) 656-7880
 
Dolezal, Greg Secretary
greg.dolezal@senate.ga.gov
(404) 656-7127
 
Kennedy, John F. Ex-Officio
john.kennedy@senate.ga.gov
(404) 656-0045
 
Walker, III, Larry Ex-Officio
larry.walker@senate.ga.gov
(404) 656-0095
 
Au, Michelle Member
michelle.au@senate.ga.gov
(404) 463-1562
 
Butler, Gloria S. Member
gloria.butler@senate.ga.gov
(404) 656-0075
 
Cowsert, Bill Member
bill.cowsert@senate.ga.gov
(404) 463-1366
 
Halpern, Sonya Member
sonya.halpern@senate.ga.gov
(404) 463-1351
 
 Hatchett, Bo Member
bo.hatchett@senate.ga.gov
(404) 656-7454
 
Hufstetler, Chuck Member
chuck.hufstetler@senate.ga.gov
(404) 656-0034
 
Jackson, Lester G. Member
lester.jackson@senate.ga.gov
(404) 463-5261
 
Kirkpatrick, Kay Member
kay.kirkpatrick@senate.ga.gov
(404) 656-3932
 
Orrock, Nan Member
nan.orrock@senate.ga.gov
(404) 463-8054
 
Time is short. Please call or email the committee members today. Your action on this important topic can make the difference. 

 Let your voice be heard. 

Thank you,

Bob Coleman
CEO Georgia Pharmacy Association

Greg Reybold
Vice President of Public Affairs 
 

Week 4 (legislative days 9-12) of Georgia’s legislation session included GPhA engaging in substantive discussions on legislation already introduced as well as legislation expected to be introduced. While SB 46 (pharmacist vaccine expansion) has not yet been heard in committee, we anticipate that it will be heard in week 5. 

Week 4 also saw the introduction of several pieces of legislation which GPhA will be monitoring and likely engaging in. 

Finally, week 4 saw GPhA’s first virtual Day at the Dome event which was held via Zoom with students from Mercer and PCOM learning about the importance of engaging in the legislative process from Representatives Ron Stephens and David Knight, as well as GPhA President Wes Chapman.  In addition, students were provided with an update on the history of pharmacist administration of vaccines via protocol agreements from GPhA past president Dr. Liza Chapman.  A special thank you to all of them as well as Dr. Jonathon Hamrick for his efforts in coordinating and planning this event. 

Legislation Introduced in Week 4

HB 213

Representative Robichaux introduced several pieces of health care legislation in week 4, including HB 213 which looks to looks to provide full practice authority for APRNs, including the authority to order, prescribe, procure, administer, dispense, or furnish prescription drugs including controlled substances. 

HB 217

Also introduced by Representative Robichaux, this bill looks to require quality and payment reporting for health plans administered by the Department of Community Health. Reporting is to include data on the state health benefit plan, the plan for public school teachers, and Medicaid.  This legislation also requires comprehensive dental and vision coverage for Medicaid. 

SB 80

This bill, introduced by Senator Kirkpatrick, creates the Ensuring Transparency in Prior Authorization Act. It is important to note at the outset that while this bill deals with certain issues in connection prior authorizations for prescription drugs it is broader than that, also dealing with prior authorization for medical procedures. 

The bill applies to health insurers as well as PBMs and deals primarily with adverse determinations by utilization review entities on the grounds that a healthcare service is not medically necessary or is experimental or investigational and thus denied.  It does not appear to include negative coverage determinations based on non-medical grounds. 

Amongst other things, this bill requires:

• Utilization review entities to make prior authorization requirements and restrictions available to enrollees, providers, and the general public on a website.
• Utilization review entities to provide 60 days written notice of changes to prior authorization requirements and restrictions.
• Utilization review entities to provide statistics of rates of approval and denial on their website.
• Physicians advising or making decisions for utilization review committees meet certain requirements.
• Prior authorizations for urgent healthcare services be completed within 24 hours of receiving all information necessary to make the determination.
• Requires coverage for emergency services necessary to screen and stabilize a patient.

In addition, the bill provides that a prior authorization of a covered service shall be a guarantee of payment to the provider unless there is a billing error, fraud, or material misrepresentation. 

Regarding prescription drugs in particular, this bill provides that a prior authorization given is good for a year, subject to certain exceptions, even if there are dosage changes.  

Also, by January of 2022, pharmacy benefits prior authorization requests shall be accepted by payors through the National Council for Prescription Drug Program’s SCRIPT Standard ePA transactions, Version 2013101, in effect on the effective date of the law. It further provides that faxes, and other technology not directly integrated with a physician’s electronic health record or electronic prescribing system, shall not be considered a secure electronic transmission for purposes of prior authorizations.

As is typical, legislative days 5 through 7 saw a significant uptick of bills being filed, with several of them dealing with healthcare. This year, GPhA’s legislative priority is expanding the ability of pharmacists to administer vaccines from four (pneumococcal, influenza, meningitis, and shingles) to include all ACIP recommended vaccines for adults. We are excited to report that a bill was introduced that seeks to do just that.

More specifically, Dr. Burke, Chairman of the Senate Insurance and Labor Committee introduced SB 46, which proposes to expand pharmacist and nurse administered vaccines pursuant to a physician protocol agreement to include all ACIP vaccines for adults as well as well as any vaccine for an illness that has resulted in a public health emergency. In addition, it imposes on pharmacists and nurses the requirement to check GRITS prior to administering a vaccine.

This legislation was born out of the state’s recognition of the central role pharmacists have played in combating COVID-19 including their role in administering the COVID-19 vaccine. The Georgia Department of Public Health has spent significant time in working on this legislation and has made it a priority for the state.  The Medical Association of Georgia is also in support of this legislation as are other key stakeholders. GPhA will continue to focus much of its energy to supporting this legislation as it makes its way through the General Assembly.  

There were also several other pieces of legislation introduced that GPhA is watching. 

Legislation

HB 49

Representative Hutchinson’s Mental Health Parity Act seeks to improve insurance coverage for the treatment of mental health conditions, including requiring healthcare plans that provide coverage for prescription drugs, not to exclude coverage for any FDA approved medications prescribed for the treatment of any category of mental disorder or substance use disorder.  It also requires healthcare plans to include all prescription medications approved by the FDA for the treatment of mental disorders or substance use disorders on the lowest tier of the drug formulary developed and maintained by the plan. 

HB 93

Introduced by Representative Cooper, this bill looks to eliminate duplicative state licensure and regulation of clinical laboratories by removing much of the Georgia clinical lab code and instead requiring that any clinical lab operating in Georgia be certified by the federal Centers for Medicare and Medicaid Centers, pursuant to the federal Clinical Laboratory Improvement Amendments of 1988.  While such a change is likely a good thing, there do appear to be some implications for pharmacy testing which GPhA is looking at closely.  More to come.  

HB 112

This bill, introduced by Representative Kelley, looks to extend COVID-19 immunity protections for businesses and healthcare providers put into law last year from July 2021 to July 2022.

HB 117

Representative Wilensky’s bill seeks to add ulcerative colitis as an approved condition for which a patient is eligible to receive Low-THC oil.  

HB 164

Titled the Prescription Drug Consumer Financial Protection Act, Representative Douglas’ legislation looks to require insurers to calculate an enrollees cost-sharing requirements for a prescription drug at the point of sale, based on a price that is reduced by an amount equal to at least 80% of all rebates received or to be received by such insurer.

Week 1 Update: Legislative days 1 – 4

Georgia’s 2021 legislative session convened on Monday, January 11, and, as always, GPhA was there. With COVID-19 still raging, safety protocols at the Capitol include mask wearing, no access to third floor rope lines, and office visits with legislators by appointment. There is also a testing station where legislators and legislative staff can be tested and several legislators did test positive for COVID-19.

Hot off the contentious presidential election and Georgia U.S. Senate runoffs, security was tight and there is expected to be attention paid to Georgia’s elections process. In addition, while Georgia’s economy is looking much stronger than many states, the state budget will also garner significant attention.

On the pharmacy front, week one was a relatively quiet one in terms of bills being introduced, but it proved busy behind the scenes reviewing draft legislation which may impact pharmacy and engaging in stake holder discussions. Many of those discussions focused on the role pharmacists have played in combatting COVID-19 including their role in authorizing and administering the COVID-19 vaccine in Phase 1A. Pharmacists have been able to do this pursuant to U.S. HHS authorization under the PREP Act as well as Governor Kemp’s Executive Order as current Georgia law does not contemplate this authority for pharmacists.

GPhA is working with the state and other stakeholders to change Georgia law to allow pharmacists to continue to administer the COVID-19 vaccine after the period of emergency as well as expanding vaccines pharmacists can administer via protocol to include all ACIP recommended vaccines for adults.

Week 1 Legislation

HB 73

Introduced by Rep. Hugley, this legislation proposes to limit copays for insulin in the commercial and Medicaid managed care space to no more than $50 per thirty-day supply. In addition, it requires insurers and Medicaid CMOs to file an annual report to the state identifying the twenty five most expensive drugs on the plan, and the frequency of provision of those drugs.

Next update

With no legislative days the week of January 18 (House will be focusing on appropriations subcommittee meetings), the week 2 legislative update will be provided on February 1.

Current COVID-19 Vaccine Ordering Phase 1A. Expanded phase begins January 11, 2021. This phase includes healthcare workers (paid or unpaid), laboratory, environmental services, LTCF staff and residents, individuals 65 and older, law enforcement officers, firefighters, and first responders.

https://www.gpha.org/wp-content/uploads/Vaccine-Ordering-Guidance-1-7-21.pdf