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Billing for COVID-19 Testing at Pharmacies

Pharmacy reimbursement issues and state imposed limits on pharmacist’s scope of practice have been major hurdles to increased COVID-19 testing at pharmacies.  The Department of Health and Human Services has now intervened stating that federal orders of pharmacist authority to order/administer COVID-19 tests supersedes state pharmacist practice limitations.   Medicaid Pursuant to that authority, states, including New York (NY), Ohio and Maryland, have now created Medicaid billing pathways for pharmacies...

Complimentary Webinar: Legal Issues and Guidelines Associated with Reopening Practices Post COVID-19

In case you missed our webinar on Friday, June 19, 2020 on "Legal Issues and Guidelines Associated with Reopening Practices Post COVID-19" or want to watch it again to get any practice reopening tips you may have missed, we are pleased to share an on demand version of our webinar below. Frier Levitt New York City Office Managing Partner John E. Morrone, Esq., Partner Jesse C. Dresser, Esq., Senior Counsel...

PHARMACY ALERT: HHS Issues Guidance on PREP Act Preemption of State and Local Laws that Prohibit Licensed Pharmacists From Ordering and Administering FDA-approved COVID-19 Tests

On May 19, 2020, the Department of Health and Human Services (HHS) issued guidance clarifying whether the Public Readiness and Emergency Preparedness (PREP) Act preempts State licensing laws that restrict pharmacists and pharmacies from ordering and administering FDA-approved COVID-19 tests.  As we discussed in an earlier article, the Office of the Assistant Secretary of Health and Human Services (“OASH”) issued guidance on April 8, 2020 that authorized licensed pharmacists to...

Oklahoma Prepared to Enforce Patient Right to Pharmacy Care Act Amid COVID-19 Concerns

In May 2019, Oklahoma passed the Patient Right to Pharmacy Care Act ("Act"). The Act takes aim at unfair pharmacy benefit manager (“PBM”) practices by expanding network access for independent pharmacies, prohibiting PBMs from requiring patients to use pharmacies that are owned or affiliated with PBMs, prohibiting PBMs from providing higher reimbursement to PBM-owned pharmacies, and charging post-point-of-sale fees after claims have already been paid. These are crucial protections to...

Healthcare Organizations and Local Governments Should Seek Reimbursement from PPE Scammers

In the wake of the novel Coronavirus outbreak (COVID-19), hospitals and various other healthcare organizations right down to states and municipalities are scrambling to maintain sufficient inventory of Personal Protective Equipment (PPE) for their professionals, first responders, and patients alike. They are in dire need of PPE including but not limited to masks, gloves, isolation gowns, lab coats, face shields, shoe covers, surgical gowns, and coveralls. Professionals in the hardest hit areas...
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