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Ohio Medicaid Starts Paying Pharmacists for COVID-19 Testing & Pilots Focus on Direct Care from Pharmacists

Two significant announcements were made by Ohio’s Department of Medicaid recently. Both announcements provide greater access to healthcare services for Medicaid beneficiaries in Ohio and by utilizing the expertise of pharmacists and providing reimbursement for their services related to COVID-19 testing.

Ohio Medicaid Starts Paying Pharmacists for COVID-19 Testing

On June 15, Ohio’s Department of Medicaid announced that it will begin to pay all pharmacies for the administration of COVID-19 tests.[1] Before this announcement, about 2,000 community pharmacies in Ohio were unable to conduct tests because there was no plan in place for reimbursement. Large chain pharmacies like CVS and Kroger were the only locations that offered testing because they have in-store clinics with credentials from the state allowing them to be paid for the service.[2] With this expansion, Medicaid beneficiaries now have greater access to COVID-19 tests.

Pharmacies serving both Medicaid fee-for-service waiver recipients and managed care plan members will be reimbursed for collection or swabbing for COVID-19 testing at a rate of $23.46.[3] Pharmacies serving Medicaid managed care members will bill through the plan’s Pharmacy Benefit Management systems. It is advised that Medicaid recipients contact their local pharmacy to confirm their participation in this program and to schedule testing. Additionally, pharmacies should contact each managed care plan to verify billing codes and claims processing.

Ohio’s Department of Medicaid noted this is one of the several initiatives it has implemented since the pandemic began. Other initiatives include waiving member co-pays regardless of a medication’s relation to COVID-19, authorizing reimbursement to pharmacists who dispense emergency refills without prescription, and enabling Medicaid members to shop at any pharmacy, regardless of provider network status, without jeopardizing pharmacy reimbursements.

Medicaid Pilots Focus on Direct Care from Pharmacists

In early 2019, Governor John Kasich signed SB 265 which formally recognized pharmacists as direct care providers in Ohio. The legislation permits health insurers to provide payment or reimbursement for direct services performed by a pharmacist within the pharmacist’s scope of practice.[4] These changes elevate the role of the pharmacist and improve patient access to pharmacist services in Ohio.[5]

In response to the passage of SB 265, Medicaid managed care plans started to implement pilot programs in Ohio. These pilot programs designate pharmacists as direct care providers and allow them to receive reimbursement for providing services. A main goal of the programs is to increase collaboration between hospitals and healthcare teams with pharmacists and to better utilize the expertise of pharmacists. Currently, there are three plans with pilot programs: Buckeye Health Plan, CareSource, and UnitedHealthcare.

Buckeye Health Plan launched the first phase of its program in June 2020. During this phase, participating pharmacists and physicians will work closely with patients living with chronic conditions such as diabetes, depression, and cardiovascular disease. Pharmacists will provide consultations, monitor medications, demonstrate medical equipment, order lab tests, and provide preventative care.[6] Steve Province, President and CEO of Buckeye Health Plan, stated, “[t]his offers more access, more help and more support to those who often need it the most. We believe in the added value this program provides to our members so much that we’re reimbursing pharmacists participating in the program for this expanded role."[7] This program has been implemented at Northeast Ohio Neighborhood Health Services, Primary Health Solutions in Cincinnati and The Christ Hospital also located in Cincinnati.

UnitedHealthcare’s Pharmacy Care Extension pilot program launched in April 2020. Franklin Pharmacy in Warren and Brewster Family Pharmacy in Brewster are the first independent Ohio pharmacies to join this program, which aims to leverage the expertise of pharmacists to work with physicians to manage chronic diseases and prevent unnecessary rehospitalizations.[8] Using their medication expertise, pharmacists will be able to prevent adverse reactions to medications and collaborate with other health care providers to provide a new level of care to patients.[9]

Information about CareSource’s pilot program will be announced soon. Their program will also reimburse pharmacists for clinical services. The participating pharmacists will focus on diabetes, asthma, opioid use, and smoking cessation. More pilot programs are expected to launch following SB 265 and the Ohio Pharmacists Association have a website dedicated to announcing on-going efforts to improve patient access to pharmacist care in Ohio. 

For more information, contact your primary BMD Health Care & Hospital Law attorney.

[1] Ohio Department Of Medicaid Advances Access To Statewide COVID-19 Testing, Ohio Department of Medicaid, June 29, 2020, https://medicaid.ohio.gov/Portals/0/Press%20Releases/COVID-Testing-Pharmacy-Reimbursement-Media-Advisory.pdf

[2] Catherine Candisky, Ohio’s community pharmacies can now offer COVID-19 tests, The Columbus Dispatch, June 15, 2020, https://www.dispatch.com/news/20200615/ohiorsquos-community-pharmacies-can-now-offer-covid-19-tests

[3] Ohio Department Of Medicaid Advances Access To Statewide COVID-19 Testing, Ohio Department of Medicaid, June 29, 2020, https://medicaid.ohio.gov/Portals/0/Press%20Releases/COVID-Testing-Pharmacy-Reimbursement-Media-Advisory.pdf

[4] Senate Bill 265 Summary, The Ohio Legislature, https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-SB-265

[5] Provider Status: Expanding Patient Access to Pharmacist Services, Ohio Pharmacists Association, https://www.ohiopharmacists.org/aws/OPA/pt/sp/provider-status#:~:text=On%20January%204%2C%202019%2C%20Governor,growing%20role%20of%20the%20pharmacist.

[6] Buckeye Health Plan launches new program that expands pharmacist’s role in patient care, Ohio Pharmacists Association, https://ohiopharmacists.org/aws/OPA/pt/sd/news_article/308342/_PARENT/layout_interior_details/false

[7] Id.

[8] Pharmacists tapped by UnitedHealthcare to expand access to care and help improve health outcomes in Ohio, Ohio Pharmacists Association, https://ohiopharmacists.org/aws/OPA/pt/sd/news_article/293763/_blank/layout_interior_details/false

[9] Id.

Changes to Physician Assistant Statutes in Florida

In the last year, there have been many changes to the scope of practice and collaboration/supervision requirements for advanced practice providers such as APRNs and physician assistants in the state of Florida. In a previous Client Alert we discussed House Bill 607, which expanded the autonomous practice of APRNs providing primary care services in Florida.

Ohio Senate Bill 49 – Ohio Expands Lien Rights for Design Professionals

Effective September 30, 2021, Ohio granted limited lien rights to design professionals, including architects, landscape architects, engineers, and surveyors. Ohio Governor Mike DeWine signed Senate Bill 49 into law on July 1, 2021. This new law established a statutory right to lien commercial real estate by Ohio design professionals who, until now, could not file a lien for non-payment of professional services. Senator Vernon Sykes, a primary sponsor of Senate Bill 49, stated that the “legislation ensures that architects, engineers and other designers will get paid for their work, regardless of the outcome of their projects . . . It will support hardworking Ohioans by protecting the value of their labor . . ..”

Primary Care Practice Officially Defined in Florida for APRNs Practicing Autonomously

As many providers in Florida are aware, House Bill 607 (the “Bill”), which was passed in February of last year, gives certain APRNs in Florida the ability to practice autonomously. The only catch is that they must work in primary practice. When the Bill was initially passed, there was question as to what was exactly considered primary care, absent a definition from the Florida Board of Nursing. However, as of February 25, 2021, “primary care practice” has officially been defined.

Part II of the No Surprises Act

The Department of Health and Human Services (“HHS”) published Part II of the No Surprises Act on September 30, 2021, which will take effect on January 1, 2022. The new guidance, in large part, focuses on the independent dispute resolution process that was briefly mentioned in Part I of the Act. In addition, there is now guidance on good faith estimate requirements, the patient-provider dispute resolution processes, and added external review provisions.

Safer Federal Workforce Task Force - Guidance for Federal Contractors and Subcontractors

The Safer Federal Workforce Task Force has issued its Guidance for Federal Contractors and Subcontractors (Guidance). Note that the Guidance applies only to “covered contracts,” which are contracts that include the clause (Clause) set forth in Sec. 2(a) of Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors). The Federal Acquisition Regulatory Council (FARC) is to conduct rulemaking and take related action to ensure that the Clause is incorporated into federal contracts. Until that happens, federal contractors likely will not see the Clause in its contracts. Following is a broad summary of the Guidance.