Bipartisan Letter Seeks Support
for Addressing Pharmacy DIR Fees
Reps. Buddy Carter (R-Ga.), Peter Welch (D-Vt.), Raja Krishnamoorthi (D-Ill.), John Rose (R-Tenn.), Vicente Gonzales (D-Texas), and Doug Collins (R-Ga.) are leading a bipartisan letter to House and Senate leadership to urge inclusion of pharmacy DIR reform in the next COVID-19 relief package. The letter, which continues to grow in support, recognizes the important role community pharmacists play in addressing the COVID-19 crisis and the threats pharmacy DIR fees present. The deadline for legislators to sign on is Wednesday, April 22. More than 2,000 community pharmacists have already voiced support to their legislators. If you have not yet done so, please urge your Representative to join as a signatory before the April 22 deadline. Click here to view a list of current signatories to the letter.
NCPA Requests Additional Funding
for the Paycheck Protection Program
NCPA joined numerous national and state associations on a letter urging Congress to authorize additional funds for the Paycheck Protection Program that was adopted under the CARES Act to meet the demands needed to sustain America's small business economy through the COVID-19 pandemic. The Small Business Administration announced this week that the program has exhausted funds and will no longer be accepting new applications for the program.
NCPA Thanks Legislators for HSA/FSA Provisions of CARES Act
This week, NCPA and other members of the Health Choices Coalition sent a thank you letter to Sens. Joni Ernst (R-Iowa), Angus King (I-Maine), Joe Manchin (D-W.Va.) and Pat Roberts (R-Kan.) and Reps. Ron Kind (D-Wis.), Darin LaHood (R-Ill.), Grace Meng (D-N.Y.) and Jackie Walorski (R-Ind.). This bipartisan, bicameral group of legislators championed the provision that was included in the CARES Act that allows patients to use their Health Savings Accounts (HSA) and Flexible Spending Arrangements (FSA) for over the counter (OTC) medications and menstrual products. Click here for a flyer you can use in the pharmacy to inform your patients of this change.
NCPA Calls for Liability Protections for Critical Business
Operating During Pandemic
This week, NCPA and other associations representing essential critical infrastructure businesses sent a letter to Congressional leaders asking for liability protection for these businesses that are still open during the COVID-19 pandemic and Public Health Emergency. The coalition represents a wide swath of businesses that are providing essential services to Americans including grocers, convenience stores, pharmacies, wholesalers, distributors, and others throughout the supply chain. NCPA will continue working with this coalition to advocate for Phase 4 COVID-19 relief legislation that ensures that employers and their associates are protected from unjust lawsuits that may arise during the outbreak while these businesses continue to serve customers.
States Offer Civil Lability Protections
to Healthcare Professionals During COVID-19 Crisis
As coronavirus-related obstacles, such as resource and staffing shortages, make it more difficult for pharmacists and other healthcare professionals to provide care to patients, some states are offering protections to those professionals who are forced to modify the way they provide care to cope with those obstacles. Several states have announced that healthcare professionals are immune from civil liability for injuries sustained due to good faith actions taken while providing healthcare services during the COVID-19 crisis. Here are links to the orders from Connecticut, Illinois, and New Jersey.
90 Percent of Community Pharmacies Report Drug Shortages
During COVID-19 Pandemic
A recent NCPA survey reveals that 90% of community pharmacies are experiencing drug shortages during the current COVID-19 pandemic. The NCPA survey finds that local pharmacists are reporting shortages of albuterol inhalers, hydroxychloroquine, azithromycin, and other drugs in high demand since the outbreak. The demand for hydroxychloroquine is especially high since President Trump touted it as a possible treatment for COVID-19.
Trump Administration Announces Expanded Coverage
for Essential Diagnostic Services
Amid COVID-19 Public Health Emergency
The Centers for Medicare and Medicaid Services (CMS) and the Departments of Labor and Treasury recently issued guidance implementing the Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, Relief, and Economic Securities (CARES) Act, requiring group health plans and group and individual health insurance to cover COVID-19 diagnostic testing and other related services, including antibody testing, provided during a medical visit with no cost sharing. Related services also include urgent care visits, emergency room visits, and in-person or telehealth visits that results in an order for or administration of a COVID-19 test. Covered COVID-19 tests include all FDA-authorized COVID-19 diagnostic tests, COVID-19 diagnostic tests that developers request authorization for on an emergency basis, and COVID-19 diagnostic tests developed in and authorized by states, as well as antibody testing. Given HHS’ recent announcement authorizing pharmacists to administer these tests, community and LTC pharmacists should work with their states to participate in this opportunity.
HHS Begins Funding $30 Billion to Medicare Providers
HHS has begun distributing the first $30 billion of the $100 billion Provider Relief Fund — part of the CARES Act — to assist providers in areas impacted by the COVID-19 pandemic and struggling to maintain operations. All providers that received Medicare fee-for-service reimbursements in 2019, such as pharmacies enrolled as Medicare Part B suppliers, are eligible for these grants, and will receive funds via direct deposit (if you normally receive a paper check for reimbursement from CMS, one will be received in the mail within the next few weeks). An attestation form must be signed within 30 days of receiving the payment through the HHS portal here. HHS has set up a hotline, administered by UnitedHealth Group, to answer any specific questions regarding eligibility and payment status at 1-866-569-3522 (be prepared with your tax ID number when calling). Additional details can be found in the NCPA member summary.
NCPA Thanks Sen. Schumer for Including Pharmacists
in Hazard Pay Proposal
This week, NCPA, along with APhA and ASHP sent a letter to Senate Minority Leader Charles Schumer (D-N.Y.) applauding his recent introduction of legislation to boost payment for frontline workers against the current COVID-19 pandemic, known as the “Heroes Fund.” The organizations thanked Sen Schumer for recognizing pharmacists as essential members of the healthcare team and a cornerstone of New York’s healthcare system and for including them in this bill that would provide hazard pay.
Rutledge v. PCMA Delayed to Supreme Court’s Fall Term
Due to the COVID-19 pandemic, this week, the Supreme Court has announced that Rutledge v. PCMA oral arguments will be heard during the Court's October term, meaning the case will likely be heard in October or November of this year. Additional updates will be provided as they become available.
New CMS Part D Senior Savings Model and updates
to the Value-Based Insurance Design Model
The Centers for Medicare and Medicaid Services (CMS) is seeking applications for its new voluntary Part D Senior Savings Model, which enables participating Part D enhanced plans to lower Medicare beneficiaries’ out-of-pocket costs for insulin. Part D sponsors participating in the Model must offer beneficiaries broad access to multiple types of insulin, marketed by Model-participating pharmaceutical manufacturers, at a maximum $35 copay for a 30-days’ supply at all pharmacy types and locations.
The CMS Value-Based Insurance Design (VBID) Model aims to test the impact of varied service delivery and payment flexibilities in Medicare Advantage (MA) that are directed at promoting patient-centered care, greater price transparency, increasing enrollee choice and access to timely and clinically-appropriate care, improving quality, and reducing costs.
Virginia Prohibits Spread Pricing in Medicaid Program
Virginia Gov. Ralph Northam (D) signed HB 1291, which prohibits PBMs that administer benefits for the commonwealth’s Medicaid managed care program from engaging in spread pricing. This move came after a state report found that PBMs pocketed $29 million from Virginia Medicaid. The legislation was sponsored by Del. Keith Hodges (R), an independent pharmacist who also sponsored earlier enacted legislation containing protections from PBM abuses.
NCPA Opposes Efforts to Weaken Proposed Virginia PBM Law
Virginia Gov. Ralph Northam (D) returned SB 251 to the General Assembly with a proposed amendment to be considered when it reconvenes on April 22. The proposed amendment would weaken PBM provider network adequacy standards that were signed into law earlier in the session. NCPA sent a call-to-action to members asking them to urge their legislators to oppose the proposed amendments.
United Health Expands Pharmacy Role in Ohio Program
The Ohio Pharmacists Association and UnitedHealthcare Community Plan of Ohio have partnered to bring a new first-of-its kind initiative aimed at using community pharmacists to expand patient access to care, relieve pressure on health systems, and help drive better health outcomes for Medicaid beneficiaries. Pharmacists will focus efforts on caring for patients transitioning out of the hospital and in the management of chronic diseases such as diabetes and high blood pressure. The program will help utilize another vital member of the health care team during the COVID-19 pandemic given the expected strain on the health care system.
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. Click each issue for 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 attached report. Bills that have moved this week are listed at the top in the “Recently Updated” section.
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