Senate Judiciary Committee Considers
Business Liability Protections During COVID-19 Pandemic

This week, the Senate Judiciary Committee held a hearing titled “Examining Liability During the COVID-19 Pandemic.” NCPA joined with a coalition of grocers, convenience stores, and other essential businesses to submit a letterof support for common sense protections for front line businesses. Republican members expressed support for liability protections in a reasoned fashion to reopen the economy. However, Democrats questioned the need for liability protections and instead focused on the need for OSHA to put out guidelines for businesses to follow, which Republicans concurred with. NCPA will continue to advocate for liability protections that pharmacies need as a recent NCPA surveyof community pharmacy owners found near unanimous support (99.8%) for Congressional action to protect pharmacies acting in good faith during this pandemic. Furthermore, 72% of respondents indicated they were worried about being named in a lawsuit.

House Democrats Unveil Their Phase IV COVID Relief Package

This week, House Speaker Nancy Pelosi (D-Calif) unveiled H.R 6800, t_he Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act_, which is House Democrats’ next coronavirus relief package. The 1800+ page bill contains a number of provisions that could be useful to small business pharmacies, including amendments to PPP loans extending the covered period to December 31, 2020, clarifying interest and loan terms and guarantee amounts. The bill would also place a moratorium on small business debt collection and prevent price gouging of PPE, drugs, and hand sanitizers. Additionally, the bill would create the Heroes Fund for hazard pay, which would come in the form of a $13/hour premium pay on top of regular wages for essential workers, including pharmacy employees. However, the House Democrats proposal would remove exemptions for healthcare providers, including pharmacies, from mandatory paid sick leave.

The package is expected to pass on a mostly party line vote on Friday and is not expected to be considered in the Senate. NCPA will continue to advocate on pharmacy and small business priorities when negotiations between the parties and chambers commence.

Senate HELP Committee Examines Readiness
for Reopening Schools and Economy

This week, the Senate Committee on Health, Education, Labor, and Pensions (HELP) held a hearing, titled “COVID-19: Safely Getting Back to Work and Back to School,” to evaluate the status of the pandemic in regard to opening schools and the economy by this fall. Committee Chairman Lamar Alexander (R-Tenn.) sought information from the heads of the top federal health research agencies on projections, especially for students returning to universities. While Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, and other agency heads offered guidelines to allow re-opening and expressed cautious optimism that it is indeed possible, Ranking Member Patty Murray (D-Wash.) remained frustrated that specifics have not yet been published, warning that the Administration has not shown that it is capable of stemming the pandemic. Members of both political parties asked questions seeking to pinpoint readiness factors, while the federal officials repeatedly stated that readiness varies widely by state.

Bill to Extend PPP Loan Deadline Introduced in the Senate

This week, Senators Ron Wyden (D-Ore.) and Joe Manchin (D-W.Va.) introduced the Paycheck Protection Program Deadline Extension Adjustment for Loans (DEAL) Act. The legislation would extend the Paycheck Protection Program (PPP) loan forgiveness period from eight to 16 weeks and amend the rehire date from June 30 to 16 weeks after the PPP loan is awarded. It was also cosponsored by Senators Mitt Romney (R-Utah) Patrick Leahy (D-Vt.) and Cory Gardner (R-Colo.). NCPA continues to advocate for improvements to the PPP program aimed at helping small businesses.

OSHA Issues Alert to Keep Pharmacy Workers Safe
During Pandemic

The Occupational Safety and Health Administration (OSHA) has issued an alert listing safety tips employers can follow to help protect retail pharmacy workers from exposure to the coronavirus. The alert is available here (Spanish versionhere). OSHA has also published a guidance aimed at helping workers and employers learn about ways to protect themselves and their workplaces during the ongoing pandemic. Additional information can be found on OSHA’s regularly updated COVID-19 webpage.

Pharmacy Community Urges HHS
to Address Barriers to Testing

NCPA signed onto a letter with other pharmacy organizations urging Assistant Secretary for Health Admiral Brett Giroir, who heads the government’s testing response to COVID-19, to address issues related to patient access and payment that are hampering efforts to ramp up testing capacity at pharmacies.

Two More States Acknowledge Pharmacists’ Role
in COVID-19 Testing

This week, two additional states acted to allow pharmacists to participate in COVID-19 testing. First, in California – Pursuant to the Governor’s EO during the State of Emergency, the CA Department of Consumer Affairs issued awaiver to allow Pharmacists acting within its scope to order and collect specimens but not analyze or test samples collected for authorized COVID-19 tests.

In New Jersey, the Division of Consumer Affairs released an administrative order and waiver for pharmacist participation in COVID-19 testing. Upon acquiring a CLIA waiver certification, licensed pharmacists are now authorized to order, collect specimen, and perform FDA-EUA COVID-19 tests.

Meet a Pharmacist Running for Congress

Be sure to register here for an NCPA PAC webinar on Tuesday, May 19, at 7 p.m. ET with congressional candidate Diana Harshbarger, PharmD and Rep. Buddy Carter (R-Ga.). Diana, an NCPA member who has served her community for over 30 years as a pharmacist and small business owner, recently announced her bidto represent Tennessee's 1st District. At the webinar, you will hear directly from Diana and learn more about her campaign. Meanwhile, check out her website, Facebook, and Twitter pages.

NCPA Submits Comments to DEA
on Registration and Reregistration Fees Proposed Rule

This week, NCPA submitted comments to the Drug Enforcement Agency on its proposed rule titled “Registration and Reregistration Fees for Controlled Substance and List I Chemical Registrants.” NCPA strongly recommended the DEA consider postponing implementation of the proposed increases to registration and reregistration fees until the current COVID-19 public health emergency ends. The increase is an overall 21% increase from the current $731 to $888 for a three-year registration cycle.

NCPA Meets With OIG on Anti-kickback Concerns

This week, NCPA met with officials from HHS’ Office of Inspector General to discuss community and LTC pharmacy concerns with OIG’s recent proposed rule to possibly exclude pharmacists and pharmacies from the new value-based enterprise safe harbors. Consistent with NCPA’s comments submitted in December 2019, we urged OIG to recognize the role pharmacists and pharmacies provide in contributing to care coordination and value-based care and will continue working with the agency to make sure our members’ roles are maximized in providing these services.

FDA Issues Final Standard MOU
on Interstate Distribution of Compounded Drugs

This week, FDA issued its Final Standard MOU Addressing Certain Distributions of Compounded Human Drug Products. FDA published its Draft MOU in September 2018, to which NCPA submitted comments, and has made the following changes that NCPA advocated for including FDA granting additional time beyond the time of enforcement to allow states to comply with the MOU. In addition, FDA isextending the 30-day notice of termination requirement to 60 days. Lastly, NCPA supports FDA’s plan to coordinate with NABP on an information-sharing network. However, NCPA remains concerned that the Final MOU still redefines the term “distribution” to include patient-specific dispensing of compounded drug products. Please see NCPA’s member summary for more information.

NASEM Releases Compounded Topical Pain Creams Report

This week, the National Academies of Sciences, Engineering, and Medicine released its FDA-funded report on Compounded Topical Pain Creams, exploring the safety and efficacy of these therapies.

The FDA stated that it is reviewing NASEM’s findings and considering next steps to use them to inform its internal work on compounding. NCPA will continue to work with relevant parties and stakeholders in showing the necessity of compounded topical pain creams.

NCPA Participates in NABP Annual Meeting

This week, NCPA participated in the National Association of Boards of Pharmacy Annual Meeting. At the meeting, NCPA member Timothy D. Fensky, RPh, DPh, FACA, was elected to serve as NABP’s 2020-2021 president. The meeting also saw Lemrey ‘Al’ Carter replace Carmen Cartizone as Executive Director/Secretary after Cartizone served 35 years in the position.

Maryland Strengthens PBM Audit Protections

Maryland HB 1273 is now law. The newly enacted legislation allows a pharmacy to withdraw and resubmit a claim for which a discrepancy was found during an audit. NCPA testified in support of the bill, which was introduced by independent pharmacy owner, Del. Steve Johnson. Thank you to Johnson for supporting Maryland pharmacies and congratulations to the Maryland Pharmacists Association and other pharmacy advocates!

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