NCPA Advocacy Update

Week ending July 19

Author: APCI Staff/Tuesday, July 23, 2019/Categories: Legislative Affairs

NCPA supported measures advance
out of House Energy and Commerce Committee

This week, the House Energy and Commerce Committee advanced the bipartisan health bills that were marked up by the Health Subcommittee last week. This includes H.R. 2296 sponsored by Rep. Jan Schakowsky (D-Ill.), which was renamed the More Efficient Tools to Realize Information for Consumers (METRIC) Act. This comprehensive drug pricing transparency bill includes a number of NCPA endorsed bills, including H.R. 2155, the Public Disclosure of Drug Discounts Act and H.R. 2376, the Prescription Pricing for the People Act of 2019. Both of these bills target PBMs and would shine a light on rebates and DIR fees that would now by publicly reported. The bill would also require the FTC to review PBM mergers, consolidation, and anticompetitive practices. At last week’s subcommittee mark-up, language was added to this bill to require Medicare prescription drug plan sponsors to implement an electronic, real-time benefit tool that is capable of integrating with at least one prescriber's electronic prescribing system or electronic health record. It would provide patient-specific, real-time formulary and benefit information, including information regarding cost-sharing, formulary alternatives, and utilization management requirements. NCPA had concerns that the language as drafted would not include a patient’s preferred pharmacy of choice and could lead to patient steering by PBMs to mail order or PBM-owned retail pharmacies. NCPA secured bipartisan support from Chairman Frank Pallone (D-N.J.) and Ranking Member Greg Walden (R-Ore.) for a provision to ensure patient pharmacy choice is respected and to prevent pharmacy steering. This language was included in an amendment offered by Rep. Schakowsky. H.R. 2296 will now head to the House floor for a vote.


Senate Finance Committee Drug Pricing Package

The Senate Finance Committee has tentatively set July 24th as the new date for its drug pricing package markup. Republican members met with Congressional Budget Office (CBO) staff this week to discuss how the legislation to cut drug costs in Medicaid and Medicare Parts B and D would affect government and beneficiary spending. NCPA is continuing to work with the committee on inclusion of pharmacy DIR reform in the potential package.


NCPA Annual Litigation and Legislative Defense Fund (LDF)
Campaign far exceeds expectations

NCPA’s recent annual LDF fundraising campaign was a rousing success. This year, the campaign raised an astounding $92,529 from 239 donors. The total number of donors was 15% higher than 2018. As all NCPA members know, the LDF funds the vast majority of the work done by the Advocacy Center, including leading the efforts against PBMs in Washington DC and state capitols across the country. We are extremely grateful for all members who have invested in NCPA’s Litigation and Legislative Defense Fund. If you made a LDF pledge during the recent campaign you can fulfill that pledge via the link.


Congress’ August Recess starts in a week

Congress will adjourn for its August recess next Friday, July 26, and is not expected to return to Washington until September 9. Many legislators will be looking for opportunities to connect with constituents, so why not invite them to visit your pharmacy or schedule a group meeting with multiple community pharmacists with legislators and discuss priority issues. These carry extra value if your legislator is new to Congress so you can familiarize them with community pharmacy and our issues or if they are a member of the Energy and Commerce or Ways and Means health subcommittees, the starting points for much of community pharmacy’s legislation in the House. Pharmacy visits and face-to-face meetings are tremendously effective ways to communicate with legislators and to establish yourself as a resource to them as issues arise. Visit NCPA’s pharmacy visits webpage or contact Michael Rule at michael.rule@ncpanet.org for tips on arranging a visit with your legislator.


NCPA’s CBD comments request clear guidance
and enforcement from the FDA

This week NCPA submitted comments in response to the FDA’s hearing on CBD products titled, “Scientific Data and Information about Products Containing Cannabis or Cannabis-Derived Compounds.” The comments requested that the FDA provide the retail industry with clear guidance on the quality and labeling standards for CBD products across all retail stakeholders. The comments also encouraged the FDA to coordinate with states on the regulation of CBD products and consult pharmacists should the FDA seek to develop clinical guidelines for CBD products.


Summer NCOIL Meeting

Last week, Anne Cassity attended the National Council of Insurance Legislators (NCOIL) summer meeting. Among the highlights of the meeting was community pharmacy’s participation in the drug pricing transparency discussion. Steve Moore, owner of Condo Pharmacy in Plattsburgh, New York testified before the NCOIL health committee on a drug pricing transparency model bill. This model bill is sponsored by Texas State Representative Tom Oliverson. Steve did a great job conveying the importance of transparency in drug pricing. Steve is president of the Pharmacists Society of the State of New York (PSSNY) and a NCPA member. Additionally, insurance commissioners were in attendance on behalf of the National Association of Insurance Commissioners (NAIC). The NAIC representatives participated in a very robust discussion on the importance of PBM regulatory reform. NAIC is currently working on their own version of a PBM reform model bill.


NCPA state legislative activity update

NCPA tracks state legislation related to our top three state priorities: Medicaid reform, scope of practice and compensation for services, and PBM reform and regulation. Attached is a report of bills that have been introduced so far this session specifically dealing with these three issue areas. You can access the individual bill language and basic information on the bill by clicking on the bill numbers in the reports linked below. Bills that have moved this week appear below:

In Delaware, Gov. John Carney signed HB 194, which requires PBM licensure and strengthens existing MAC appeal laws.

In Oregon, Gov. Kate Brown signed HB 2185, which prohibits PBMs from mandating the use of mail-order pharmacies, limiting a pharmacy’s ability to deliver medication, implementing “gag clauses,” and charging pharmacies certain retroactive fees after reimbursements have already been made. The act also strengthens existing MAC transparency laws.


NCPA’s Advocacy Center Update provides a weekly detailed summary of recent and breaking legislative, regulatory, and state developments impacting independent community pharmacy and NCPA’s efforts to affect policies benefitting its membership and the industry. The weekly update is distributed to NCPA leadership, steering committees, allied organizations/stakeholders and major contributors to the NCPA LDF and PAC.

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