WSR 23-22-074
EMERGENCY RULES
HEALTH CARE AUTHORITY
[Filed October 26, 2023, 2:15 p.m., effective October 26, 2023, 2:15 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The health care authority (agency) is revising this rule in accordance with the settlement agreement in the case of National Association of Chain Drug Stores, et al., v. Washington State Health Care Authority, et al. (Case No. 51489-3-II) and for the purpose of ensuring the continuation of federal medicaid funding.
Citation of Rules Affected by this Order: Amending WAC 182-530-7050.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The agency is revising this rule in accordance with the settlement agreement in the case of National Association of Chain Drug Stores, et al., v. Washington State Health Care Authority, et al. (Case No. 51489-3-II) and for the purpose of ensuring the continuation of federal medicaid funding. This emergency is necessary while the permanent rule process is being completed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: October 26, 2023.
Wendy Barcus
Rules Coordinator
OTS-5053.2
AMENDATORY SECTION(Amending WSR 17-07-001, filed 3/1/17, effective 4/1/17)
WAC 182-530-7050Reimbursement—Dispensing fee determination.
(1) Subject to the provisions of WAC 182-530-7000 and the exceptions permitted in WAC 182-530-2000, the medicaid agency pays a dispensing fee for each covered, prescribed drug.
(2) The agency does not pay a dispensing fee for:
(a) Nondrug items, devices, or drug-related supplies; or
(b) Drugs administered by a health care professional.
(3) The agency periodically examines the sufficiency of pharmacy dispensing fees and may adjust the dispensing fee by considering factors including, but not limited to:
(a) Legislative appropriations for vendor rates;
(b) Input from provider and advocacy groups;
(c) Input from state-employed or contracted actuaries; and
(d) Dispensing fees paid by other third-party payers including, but not limited to, health care plans and other states' medicaid agencies.
(4) The agency uses a tiered dispensing fee system which pays higher volume pharmacies at a lower fee and lower volume pharmacies at a higher fee.
(5) The agency uses total annual prescription volume (both medicaid and nonmedicaid) reported to the agency to determine each pharmacy's dispensing fee tier. The following tier levels are effective for dates of service on and after July 1, 2023:
(a) A pharmacy which fills ((more than thirty-five thousand))70,000 or more prescriptions annually is a high-volume pharmacy. The agency considers hospital-based pharmacies that serve both inpatient and outpatient clients as high-volume pharmacies.
(b) A pharmacy which fills between ((fifteen thousand one and thirty-five thousand))30,000 and 69,999 prescriptions annually is a mid-volume pharmacy.
(c) A pharmacy which fills ((fifteen thousand or fewer))less than 30,000 prescriptions annually is a low-volume pharmacy.
(6) The agency determines a pharmacy's annual total prescription volume as follows:
(a) The agency sends out a prescription volume survey form to pharmacy providers during the first quarter of the calendar year;
(b) Pharmacies return completed prescription volume surveys to the agency each year. Pharmacy providers not responding to the survey by the specified date are assigned to the high volume category;
(c) Pharmacies must include all prescriptions dispensed from the same physical location in the pharmacy's total prescription count;
(d) The agency considers prescriptions dispensed to nursing facility clients as outpatient prescriptions; and
(e) Assignment to a new dispensing fee tier is effective on the first of the month, following the date specified by the agency.
(7) A pharmacy may request a change in dispensing fee tier during the interval between the annual prescription volume surveys. The pharmacy must substantiate such a request with documentation showing that the pharmacy's most recent six-month dispensing data, annualized, would qualify the pharmacy for the new tier. If the agency receives the documentation by the twentieth of the month, assignment to a new dispensing fee tier is effective on the first of the following month.
(8) The agency grants general dispensing fee rate increases only when authorized by the legislature. Amounts authorized for dispensing fee increases may be distributed nonuniformly (e.g., tiered dispensing fee based upon volume).
(9) The agency may pay true unit dose pharmacies at a different rate for unit dose dispensing.