Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

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.

HHS Announces an Additional $20 Billion In Provider Relief Grants

The U.S. Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers on October 1, 2020. Eligible providers include those that have already received Provider Relief Fund payments as well as previously ineligible providers, such as those who began practicing in 2020, and an expanded group of behavioral health providers confronting the emergence of increased mental health and substance use issues exacerbated by the pandemic. The new Phase 3 General Distribution is designed to balance an equitable payment of 2% of annual revenue from patient care for all applicants plus an add-on payment to account for revenue losses and expenses attributable to COVID-19.

DOL Proposes New Rule Regarding Independent Contractor Status - But How Will the Election Affect Its Future?

On September 22, 2020, the U.S. Department of Labor announced a new proposed rule regarding employee and independent contractor status under the Fair Labor Standards Act. The full text of the proposed rule is available here. The rule's drafters intend to reduce uncertainty and enhance the precision and predictability of the long-standing "economic reality" test, which currently relies on a multifactor balancing test.

Major Change to Franklin County, Ohio Eviction Process: Landlord Testimony Required

Although there is currently a nationwide temporary halt on all residential evictions through December 31, 2020 in place, the eviction process in Franklin County – which processes the highest number of evictions in the State of Ohio at approximately 18,000 a year – recently changed significantly.

UPDATE: Governor Dewine Signs HB 606 Granting Short Window of Immunity from COVID-19 Personal Injury Lawsuits

The Ohio General Assembly, in Am. Sub. H.B. No. 606, is in the final stages of passing a law that will prohibit lawsuits seeking damages from COVID-19. This includes injury, death, or loss to person or property if the lawsuits are based, in whole or in part, on the exposure to, or the transmission or contraction of the coronavirus, unless the defendant in the lawsuit acted intentionally or recklessly. In circumstances where this immunity does not apply, H.B. 606 prohibits such claims being aggregated and brought as a class action.

Revised Department of Labor FFCRA Guidance, Effective September 16, 2020

In response to attacks on the legality of the Department of Labor’s (“DOL”) Final Rule regarding the Families First Coronavirus Act (“FFCRA” or the “Act”), which took effect in April 2020, the Department of Labor issued new guidance on Friday, September 11th to formally address ongoing questions and concerns related to the COVID-19 legislation.