NCPA Advocacy Update

Week ending May 22

Author: APCI Staff/Wednesday, May 27, 2020/Categories: Legislative Affairs

NCPA Highlights Advocacy Successes
During COVID-19 Pandemic

NCPA created a COVID Wins document that highlights NCPA Advocacy efforts at the federal and state levels as governments cope with the COVID-19 pandemic. Highlights include successfully advocating for the Paycheck Protection Program in the CARES Act and for passage of the Paycheck Protection Program and Health Care Enhancement Act to secure additional funding of the program. NCPA also worked with HHS to secure guidance allowing pharmacists to administer COVID-19 tests. Visit NCPA’s Coronavirus information webpage for more on NCPA activity during the pandemic.


HHS Clarifies Pharmacists Authorized
to Administer COVID-19 Testing Despite State Law

This week, HHS’ Office of General Counsel released an advisory opinion clarifying that pharmacists are authorized to order and administer FDA-authorized COVID-19 tests in states where they are not authorized to do so. To the extent a state expressly does not allow pharmacists to administer this testing, the Public Readiness and Emergency Preparedness Act preempts those state laws and expands the authority of pharmacists to order and administer this testing during this emergency period. Although this advisory opinion is not legally binding, it is a valuable tool that empowers pharmacists to order and administer testing during the COVID-19 public health emergency. Please see NCPA’s member summary for more information.


Upcoming PPP Update Webinar

On May 27th at 1 p.m. ET, NCPA will host an update on the Paycheck Protection Program (PPP) and the requirements for getting these loans forgiven. Accountants Ollin and Scotty Sykes will provide the latest updates, just released, on what you need to do if you are participating in the PPP. Our original webinar on this topic was oversubscribed and has been watched online thousands of times. You won't want to miss it. Visit the NCPA Coronavirus Resource Center to register. You will not be able to dial-in by phone. In order to maximize capacity for as many NCPA members to get this information as possible, it will only be available by online streaming or via the GoToWebinar app on iOS or Android devices.


NCPA Signs onto Letter Requesting Reforms
to Paycheck Protection Program

This week, NCPA joined a sign on letter addressed to Congressional leadership, Treasury Secretary Mnuchin and Small Business Administrator Carranza asking for reforms to the PPP to align the program with the reality of the gradual reopening. Specifically, the letter asks for repeal 75%-25% rule, extension of the 8 week period for calculating loan forgiveness, and extension of the June 20 deadline for rehiring and restoration of pay.


NCPA Supports Bill to Extend Economic Assistance Period
for Small and Mid-size Businesses

This week, U.S. Senators Todd Young (R-Ind.) and Michael Bennet (D-Colo.) introduced the Reviving the Economy Sustainably Towards a Recovery in Twenty-twenty (RESTART) Act to support small and mid-sized businesses most affected by the COVID-19 pandemic. The RESTART Act proposes to extend the 8-week covered period to a 16-week period to allow the hardest-hit businesses to deploy PPP funds and meet the requirements for loan forgiveness. It would allow e personal protective equipment (PPE), payroll and fixed operating expenses to be paid for with a RESTART loan.


NCPA Updates Member Summary on Pharmacists Ability
to Provide COVID-19 Testing

Please find NCPA’s updated member summary of CMS rules regarding pharmacists ability to provide COVID-19 testing. Among the updates are: two scenarios where pharmacists can conduct specimen collection in addition to providing the test; pharmacies’ ability to provide diabetes self-management training telehealth services; and additional details on enrollment requirements to provide COVID-19 tests.


Gov. Andrew Cuomo Expands COVID Testing
at Community Pharmacies

N.Y. Gov. Andrew Cuomo (D) announced this week the state’s plan to utilize 52 independent pharmacies in a COVID-19 testing pilot program. To reach 7000 more tests per week, test supplies including PPE will be supplied by the state and pharmacies will get paid through the state’s Medicaid program, although this program is available to non-Medicaid patients as well. The pilot is coordinating with the Pharmacists Society of the State of New York and with the state’s network of CPESN® clinically integrated pharmacies. NCPA appreciates Gov. Cuomo’s announcement and urges him to expand the program to all of the state’s community pharmacies to aid in safely reopening New York.


House Democrats Pass Phase IV COVID Relief Package

The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, the House Democrat’s COVID-19 Phase IV relief package, passed the House on May 15 on a mostly party line vote and is not expected to be considered in the Senate. Additional details can be found in the NCPA member summary. NCPA will continue to advocate on pharmacy and small business priorities when negotiations between the parties and chambers commence.


NCPA Asks FDA for Enforcement Discretion
for DSCSA Requirements

This week, NCPA joined the National Association of Chain Drug Stores, American Pharmacists Association, American Society of Health-System Pharmacists, and National Alliance of State Pharmacy Associations in asking FDA for enforcement discretion for certain product identifier and verification requirements in the Food, Drug and Cosmetic Act, which were established by the DSCSA. Specifically, we requested that FDA exercise enforcement action and not take action against a dispenser until at least November 27, 2021:

  1. for engaging in transactions involving a product purchased from an authorized trading partner that is not encoded with an applicable product identifier, and is not otherwise suspect or illegitimate; and
  2. who does not conduct an investigation to verify whether the lot number of a suspect product corresponds with the lot number for such product.

Our groups emphasized that this action is crucial to maintain the dispenser community’s focus during the COVID-19 public health emergency in which our members are engaged on the front lines.


President Signs Executive Order on Regulatory Relief
to Support Economic Recovery

This week, President Trump signed an Executive Order (EO) that directs agencies to use all emergency authorities to identify regulations that can be rescinded or temporarily waived to combat the economic consequences of COVID-19, and speed up the rulemaking process by moving proposed rulemakings to interim final rules with immediate effect. The EO also directs agencies to not over-enforce regulatory and statutory standards when a business is working in good faith to follow the law.


NCPA Presents at HRSA Vaccination Meeting

This week, NCPA presented at Health Resources and Services Administration’s (HRSA’s) Advisory Commission on Childhood Vaccines (ACCV) meeting on its Draft National Vaccine Injury Compensation Program Notice of Proposed Rulemaking. The proposed rule suggested removing Shoulder Injury Related to Vaccine (SIRVA) and syncope from coverage within the National Vaccine Injury Compensation Program. The program serves to provide financial compensation to individuals who file a petition and are found to have been injured by a VICP-covered vaccine; it’s a no-fault alternative to lawsuits against vaccine companies and health care providers, including pharmacists. ACCV ultimately voted against the NPRM, consistent with NCPA’s ask, however the ultimate decision resides with HHS.


CMS Releases First Part D Final Rule

This week, the Centers for Medicare and Medicaid Services (CMS) issued a Medicare Part D Final Rule for contract year 2021 that implements a subset of proposals from the February 2020 proposed rule; CMS will address the remaining proposals from the February 2020 proposed rule, such as those applicable in 2022, in subsequent rulemaking. This final rule addresses contracting standards for dual eligible special needs plans, end-stage renal disease plan options, and medical loss ratio provisions. The breadth of NCPA’s comments will seemingly be addressed in the second final rule, which CMS stated will be issued later in 2020. Among the issues relevant to community pharmacy that will be addressed are: drug management programs, eligibility for medication therapy management programs, suspension of pharmacy payments pending investigations of credible allegations of fraud, the beneficiary real time benefit tool, and pharmacy performance measure reporting requirements. NCPA will monitor CMS communications for the second final rule.


NCPA Hosts Webinar for Congressional Candidate
Diana Harshbarger

Thank you to all of our participants who attended the NCPA PAC’s Webinar featuring candidate Diana Harshbarger, PharmD and Representative Buddy Carter (R-Ga.) this past Tuesday. Diana and Rep. Carter discussed the importance of supporting pharmacists running for office and how pharmacists can play a role in advocating for DIR Reform and PBM transparency. An NCPA Member, Harshbarger announced her bid to represent Tennessee’s First Congressional District to replace the retiring Representative Phil Roe (R). You can learn more about Harshbarger on her websiteFacebook, and Twitter pages. You can contribute to Harshbarger’s campaign here. If you have any questions, please contact Eric Lundberg at Eric.Lundberg@ncpa.org or (703) 600-1184.


Maryland Acknowledges Pharmacists’ Role
in COVID-19 Testing

This week, Governor Hogan (R) released an EO to include pharmacists in the state’s long-term COVID-19 testing strategy. Pursuant to the EO a licensed pharmacist may order, collect or supervise the collection of specimens from patients for the purpose of COVID-19 testing in accordance with CDC Screening Guidance. It also allows a laboratory to perform a COVID-19 tests pursuant to a written or electronic authorization of a licensed pharmacist.


NCPA Presents at Florida Pharmacy Association Conference

This past weekend, Anne Cassity, Vice President of Federal and State Government Affairs, presented a CE session during the Regulatory and Law Conference hosted by the Florida Pharmacy Association. The presentation included an update on COVID-19 testing opportunities for pharmacists in Medicare and Medicaid, as well as, a state/federal legislative and legal updates.


NCPA State Legislative Activity Update

NCPA tracks state legislation related to our top three state priorities: Medicaid reformscope 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.

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