Index

Pharmacy providers with a current license or registration with the Texas State Board of Pharmacy (TSBP) or is licensed under the laws of another state and is free from any pharmacy board restriction may apply to become a Texas Medicaid pharmacy provider. As defined and limited by federal and state laws, prescribing providers authorized and licensed to practice the healing arts and choose to provide pharmaceuticals may also apply to become pharmacy providers. HHSC maintains open enrollment for in-state pharmacies licensed as Class A or C by the TSBP. Pharmacies holding any other class of pharmacy license may be subject to special application procedures.

Refer to TAC Section 354.1801 (Subchapter F: Requirements for Participation). In addition, pharmacy providers must follow federal and state laws relating to counseling and patient medication records, including TAC Section 291.33(c) (Operational Standards) and 291.34(c)(3) (Records). Refer to the Records Retention section for the time required to store pharmacy records.

Prescribing providers enroll through the TMHP Provider Enrollment and Management System (PEMS). Federal law requires HHSC to deny fee-for-service claims for drugs or products prescribed by non-enrolled providers.

Enrollment with HHSC as a Medicaid provider is a prerequisite for participation in the other state programs administered by VDP:

  • Children's Health Insurance Program (CHIP)
  • Children with Special Health Care Needs (CSHCN) Services Program
  • Healthy Texas Women (HTW) Program
  • Kidney Health Care (KHC) Program

Enrollment in Medicaid is also a prerequisite for participation in any Medicaid or CHIP managed care pharmacy network. MCOs must allow any Medicaid-enrolled pharmacy provider willing to accept the terms and conditions of the MCO or pharmacy benefits manager (PBM) contract to enroll in the network. Pharmacies providers should contact the client's specific MCO for details.

Enrollment Process

Pharmacy providers enroll, re-enroll, revalidate, and submit change of ownership requests through the TMHP Provider Enrollment and Management System (PEMS) as of April 1, 2021.

TMHP provides PEMS computer-based training modules on the TMHP Learning Management System (LMS). An LMS account, including a username and password, is required to access training courses. Instructions on creating an LMS account are available on the TMHP LMS Account Login web page. Refer to the TMHP Online Resources section for more information.

Enrollment Fee

All pharmacy providers pay an application fee to offset the cost of the required background checks. This fee is paid to TMHP during the enrollment process. HHSC does accept payments or applications sent to HHSC or VDP offices.

The fee for applications submitted between Jan. 1 and Dec. 31, 2023, is $688.00.

The fee for applications submitted between Jan. 1 and Dec. 31, 2024, is $709.00.

Pharmacies participating in Medicare or in another state’s Medicaid program may submit proof of payment of the fee to satisfy the application fee requirement in Texas.

Supplemental Forms

Refer to the Enrollment Forms for the following supplemental forms used during the enrollment process:

  • Application for Texas Identification Number (HHS Form 4109)
    • Usage: new enrollment, revalidation, change in ownership
  • Direct Deposit Authorization (CPA Form 74-176)
    • Usage: new enrollment, revalidation, change in ownership, change in banking information
  • Ownership Transfer Affidavit (HHS Form 1332)
    • Required only when pharmacy providers request a change in ownership. Pharmacy providers must submit the form when initiating an application through PEMS.

Refer to the Pharmacy Operations Forms section for the following forms:

  • Pharmacy Electronic Remittance Advice Agreement (HHS Form 1316)
  • Pharmacy Eligibility Verification Portal Access Form (HHS Form 1317)

Supporting Documentation

TMHP may require other supporting documents depending on the pharmacy's business organization. PEMS will alert applicants to which supporting documentation is required.

Enrollment Completion

Pharmacy providers must submit all required enrollment information to determine if the pharmacy meets the requirements for participation. The enrollment process typically takes 60 business days after receiving all information necessary to process the application. Requests for exceptions to the enrollment process, risk category (according to the MCS Medicaid Provider Enrollment Compendium), and provider types requiring additional state approval may extend the length of the application process. Refer to the TMHP Provider Enrollment Frequently Asked Questions (PDF) for more information.

TMHP will send the applying provider an email to confirm enrollment and instructions to sign the Pharmacy Enrollment Agreement. The document will outline the terms and conditions agreed to in the application process. The date a pharmacy receives this email constitutes the enrollment effective date. Enrollment is not retroactive, transferable, or assignable. Pharmacies can only submit claims on or after the enrollment date.

The HHSC Master Provider File is the list of all providers approved to provide Medicaid services and is maintained by TMHP. A pharmacy should allow up to 2 weeks to appear on the Master Provider File after being notified by TMHP of successful enrollment. Once TMHP includes a pharmacy on the Master Provider File, the pharmacy is eligible to contract with MCOs.

Comprehensive Care Program Enrollment

The Medicaid Comprehensive Care Program (CCP) can cover medically necessary drugs and supplies not available through VDP for clients from birth through 20 years. Pharmacies not enrolled with CCP should direct the client to call TMHP to locate a CCP provider. CCP providers submit claims to TMHP for medically necessary drugs, equipment, or supplies not covered by VDP, including over-the-counter drugs, nutritional products, and disposable or expendable medical supplies commonly found in pharmacies.

Pharmacies must complete an application at tmhp.com. Contact the TMHP Contact Center or email TMHP Provider Relations to request assistance from the local TMHP provider relations representative in your area. Refer to the TMHP Contact Center section for contact information.

All CCP services require prior authorization. The Texas Medicaid Provider Procedures Manual (TMPPM) includes prior authorization requirements for services through CCP. Refer to section 2.1.4 of the Children's Services Handbook of the Texas Medicaid Provider Procedures Manual (tmhp.com/resources/provider-manuals/tmppm). Pharmacies submit prior authorizations using CCP Prior Authorization Request Form (TMHP Form F00012).

Refer to the Enrollment Forms for this and other enrollment forms.

Durable Medical Equipment Provider Enrollment

Durable medical equipment (DME) is equipment or appliances manufactured to withstand repeated use; ordered by a physician for use in a client’s home; and required to correct or ameliorate a client's disability, condition, or illness. DME includes vitamin and mineral products. DME is not typically available as a pharmacy benefit.

Certain supplies and select vitamin and mineral products are a covered pharmacy benefit of the following programs:

  • Medicaid
  • CHIP
  • CSHCN Services Program
  • KHC Program

A pharmacy must enroll as a DME provider to provide the full array of durable medical equipment and supplies. Pharmacies must complete an application at tmhp.com. Contact the TMHP Contact Center or e-mail TMHP Provider Relations to request assistance from the local TMHP provider relations representative in your area. Contact the TMHP Contact Center for assistance.

All claims for DME items require a completed Home Health Services (Title XIX) DME/Medical Supplies Physician Order Form (TMHP Form F00030). Refer to the Enrollment Forms for this form.

Fee-for-service Delivery Incentive

Pharmacy providers offering no-cost delivery services to Medicaid fee-for-service clients are eligible for the delivery incentive. HHSC will pay a delivery incentive in the amount published in the Medicaid State Plan (hhs.texas.gov/services/health/medicaid-chip/about-medicaid-chip/state-plan) for each prescription paid by HHSC.

The pharmacy provider must meet the following conditions for payment of the delivery incentive:

  • Advertise to eligible people the availability of the no-charge prescription service
  • Display the HHSC-approved delivery sign in a prominent place in the store (e.g., window, door)
  • Deliver to the Medicaid clients in the same manner and degree as the public.

HHSC does not pay a delivery incentive for the following:

  • Over-the-counter drugs, including those prescribed as a VDP benefit
  • Claims for clients residing in a nursing home or other similar group facility
  • Claims for vitamin and mineral products or home health supplies

Refer to the Provider Payment Calculation to learn how HHSC applies the delivery incentive during the reimbursement calculation.

Pharmacy providers approved for delivery must display the HHSC-approved Pharmacy Delivery Sign in a prominent place within the store. The sign measures 8.5 inches by 5.5 inches, is written in English and Spanish, and displays the HHSC logo.

Managed Care Delivery Incentive

MCOs pay pharmacies to deliver pharmaceuticals. Each MCO develops its participating pharmacy network for this delivery service. Pharmacy providers should contact the client's specific MCO for details.

Direct Deposit

Pharmacy providers must complete the Direct Deposit Authorization to receive weekly payments through direct deposit or to change bank information, such as your financial institution or account number or cancel your account. An account change will result in the pharmacy provider receiving paper warrants until HHSC Accounts Payable completes the authorization process.

Submit the form through PEMS for processing. Contact TMHP Provider Enrollment page for further instructions.

High-Volume Fraud Education

Federal law requires all pharmacy providers receiving or making annual Medicaid payments of $5 million or more to educate their employees, contractors, and agents about fraud and false claims laws and the whistleblower protections available under those laws.

License Information

Medicaid-enrolled pharmacy providers must have a current license to remain active in Medicaid and other state healthcare programs. Pharmacy providers must keep their license information current to continue participation by submitting license changes and renewals through a PEMS maintenance request.

Maintaining Enrollment

Enrolled pharmacy providers must notify HHSC through PEMS of any change to the information provided in their application Per the pharmacy enrollment agreement (Part 3, Subpart F). This includes the following information:

  • Pharmacy type
  • Billing and physical addresses
  • Phone and fax numbers
  • Key personnel (i.e., owners, control interests, pharmacists)
  • Financial information, including direct deposit
  • Store closure

Refer to your pharmacy enrollment agreement for all requirements of enrollment information updating processes.

In a change of ownership or control, an owner must notify HHSC through PEMS at least 15 business days before the change of ownership or control occurs. HHSC does not perform retroactive changes of ownership regarding the pharmacy enrollment agreement.

Pharmacies can verify their information on the Pharmacy search (txvendordrug.com/providers/pharmacy-search) and should submit corrections through PEMS. If your information is incorrect or incomplete, you risk not receiving correspondence from HHSC or TMHP. Failure to update enrollment information could result in HHSC placing claims on vendor hold or the termination of your enrollment per the pharmacy enrollment agreement.

Pharmacy Discount Membership Programs

Some pharmacies offer discount price clubs and other membership discount card programs. These programs typically have offered discount drug prices to all customers and given the discounted drug prices to the cash-paying customers who enrolled in the program and paid a nominal membership fee. The Usual and Customary (UAC) Price regulation does not exclude persons who pay a nominal membership fee from the general public. Therefore, pharmacy discount membership program prices constitute discounts given or advertised to the general public pursuant to TAC Section 355.8544 (Subchapter J: Usual and Customary Prices), as well as applicable federal law. See, e.g., U.S. ex rel. Garbe v. Kmart Corp., 824 F.3d 632 (7th Cir. 2016). Pharmacy discount membership program prices must be submitted as the UAC price (as previously indicated in the April 2008 edition of the RxUpdate newsletter formerly published by VDP, refer to the April 2008 newsletter (PDF)), unless the price would be greater than the most frequently charged price for the same drug.

Refer to the Usual and Customary section for the definition of the UAC price.

Records Retention

The pharmacy must retain all records and documents referenced in the pharmacy enrollment agreement (Part 3, Subpart I) for five years from the service date. The pharmacy must also maintain for five years all records required by federal and state laws relating to counseling and patient medication records, including TAC Section 291.33(c) (Operational Standards) and 291.34(c)(3) (Records).

If any litigation, audit, review, or dispute resolution begins at a time when the pharmacy provider would have otherwise been authorized to destroy the records (e.g., five years and a day after the date of service) and the pharmacy provider still has the records, the pharmacy provider must maintain those records until the reviewer concludes the process. For record retention, the reviewer concludes the process only after HHSC provides written notification, permanently resolving the issue.

Revalidation

Enrolled pharmacy providers must revalidate every five years or stated otherwise in the Provider Agreement. As part of revalidation, TMHP conducts a full screening appropriate to the providers' risk category according to the CMS Medicaid Provider Enrollment Compendium. CMS designates pharmacies as limited risk providers. The screening will include licensure and background checks using various federal and state databases to verify whether providers meet Medicaid enrollment criteria. TMHP will disenroll pharmacy providers not revalidating their enrollment by the designated date.

Software Vendor

The pharmacy's software vendor must support the current National Council for Prescription Drug Program (NCPDP) telecommunication standard, including the "Additional Message Information" field (526-FQ) in the B1 response.

Termination for Inactivity

HHSC will terminate enrollment for pharmacies without any claim payment within a continuous twelve-month period. If HHSC terminates your enrollment for inactivity, you must reapply by submitting a new application through PEMS.

Third-Party Discount Plans

Some pharmacies honor discount prices advertised to cash-paying customers by third-parties. Pharmacies may or may not contract with third-parties to adjudicate and administer these discounts.

Only people whose prescriptions are paid by third party payers, such as health insurers, governmental entities and Texas Medicaid, are excluded from the general public. Refer to TAC Section 355.8544 (Subchapter J: Usual and Customary Prices).

The involvement of a third-party in offering, advertising, adjudicating, or administering the discount price a person pays does not remove the person from the general public, and the third-party discount price must be included in the UAC price determination if honored by the pharmacy.

As with pharmacy discount membership programs, the requirement a person pay a nominal fee to enroll in the third-party’s discount program does not remove the person from the general public or otherwise exempt the discount price from the UAC price determination. Some third-party discount plan prices are only offered to segments of the general public, such as discount plans for senior adults, employees/retirees of companies, etc. These discount prices must be included in the UAC price determination if the person would have qualified as a member of the same group or segment of the public, but-for the person’s status as a Texas Medicaid beneficiary.

Refer to the Usual and Customary section for the definition of the UAC price.

340B Drug Pricing Program Enrollment

The 340B Drug Pricing Program is a federal program overseen by the Health Resources and Services Administration (HRSA) Office of Pharmacy Affairs. The program requires drug manufacturers to provide outpatient drugs to certain health care entities at significantly reduced prices so the remaining funds can provide services to more eligible clients and provide more comprehensive services.

Covered entities with pharmacies wanting to participate in the 340B program must do the following:

  • Enroll pharmacies as described in the Enrollment section of this chapter
  • Inform MCOs of their intent to participate as a 340B provider
  • Submit the provider number on NPI; the covered entity will use the number to dispense 340B drugs to HRSA for inclusion in the HRSA's 340B Medicaid Exclusion File

Refer to the 340B Resources for additional information.