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Alabama's Professional Society for Pharmacy |
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News From The Hill 2008 Alabama Legislation Impacting Pharmacy SB229 Prohibits smoking in all workplaces and public places and would provide penalties for violations.
SB302 Prohibits the substitution by a pharmacist of any anti-epileptic therapeutic product without notice to the prescribing physician and the patient. The pharmacist must provide notification to the patient before interchanging one manufacturer of an anti-epileptic drug for another manufacturer of an anti-epileptic drug. The prescribing physician of the medication must also be consulted at the time of the interchange. If the prescribing physician is unable to be reached, the pharmacist may use his or her professional judgment and interchange the anti-epilepsy medication and notify the prescribing physician of the interchange within 72 hours. Inpatient care is exempt. The term interchange includes the substitution of a generic version for a brand, a brand for a generic, or a generic for a generic by a different manufacturer. HB429 Companion Bill of SB302 – No difference
HB144 To encourage small businesses to provide health insurance coverage for employees, certain qualifying small businesses will be allowed to deduct enhanced amounts for expenses related to health insurance premiums, if certain conditions are met. Additionally, qualifying employees will also be allowed to deduct certain amounts they contribute toward their health insurance premiums, if certain conditions are met. Small business is defined as having less than 25 employees. Bill includes a qualifying deduction implementation over a five year period.
SB414 Under existing law, prescriptions filled for a Medicaid patient are generally filled with a generic drug if generic substitution is authorized and otherwise available. This bill would provide that any prescription filled by a pharmacist under the Medicaid program for which a generic substitution is authorized shall be filled by the use of a brand name drug if the net cost of the brand name drug based on the discounted price of the drug and any rebates is less than the net cost of any generic drugs which may be substituted. HB503 Companion Bill of SB414 – No difference
HB72 Under existing law, there are no provisions for how much a health care provider may charge an uninsured individual for medical services provided in the state. This bill would provide that a health care provider may charge an uninsured individual no more than the amount Medicare would pay for that same service.
SB411 The Alabama State Board of Pharmacy is authorized to enforce disciplinary actions for violations of law and board rules against persons it licenses and regulates. This bill would allow the board to adopt rules for civil penalties for non-disciplinary infractions. The board shall have the authority to adopt rules providing for assessment of a civil penalty against any licensee for non-disciplinary infraction for failing to comply with designated obligations required of the licensee by any applicable provision of law or by any applicable rule.
HB490 This bill would give health care providers, health care institutions, and health care payers the following: The authority to refuse to perform or to participate in health care services that violate their conscience; immunity from civil, criminal, or administrative liability for refusing to provide or participate in a health care service that violates their conscience; immunity from discrimination or disciplinary action including termination, transfer, refusal of staff privileges, shift reassignment, or wage or benefits reduction for declining to participate in a health care service that violates their conscience. This bill also provides for civil actions, damages, remedies, and injunctive relief for violation.
SB117 This bill would exempt physicians treating patients in the emergency area department of general, critical access, or specialized hospitals, as defined by the rules of the State Board of Health, from the reporting requirements for dispensing controlled substances in a quantity limited to an amount adequate to treat the ultimate user involved for 48 hours or less. The reporting requirement refers to the Alabama Prescription Drug Monitoring Program (Section 20-2-213, Code of Alabama 1975). HB495 Companion Bill of SB117 – No difference
HB410 This bill would require Medicaid to continue to reimburse providers of pharmaceutical services based on the average wholesale price unless another reimbursement methodology is required by the federal government. Further, if the reimbursement methodology is changed, providers would receive a dispensing fee of not less than 1.5 times the result of Medicaid’s cost of dispensing survey on each prescription dispensed to a Medicaid recipient which would be adjusted for inflation.
HB287 This bill would exempt over-the-counter (OTC) medications from sales tax. This exemption does not include grooming and hygiene products or dietary supplements. OTC medications shall be exempt from city, county and state sales taxes. OTC labels must include a “Drug Facts” panel and a statement of the “active ingredients”. Download the 2008 Alabama Legislation Summary Contact list of Alabama House and Senate Members
CMS Requires Tamper-Resistant Prescription Pad Use for All Medicaid Scripts A recent federal law, effective April 1, 2008 (originally October 1, 2007), states payment will not be made for Medicaid prescriptions written (and non electronic) on a non tamper-resistant pad. Click here for more information. Additional Resources: Tamper-Resistant Prescription Pad Law FAQs Important Federal Legislation H.R.3140 & S.1951: Save Community Pharmacies (AMP Fix) H.R.971 & S.2161: Support the Community Pharmacy Fairness Act (PBM) H.R.1474 & S.1954: Medicare Part D Prompt Pay Please contact your congressman to request support of these bills. Alabama Congressional Delegation Contact List You may also visit www.congress.org to find your federal, state and local officials.
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