PPP Flexibility Changes Approved in the House
This week, the House passed, H.R. 7010, the Paycheck Protection Program Flexibility Act, by a vote of 417-1. This bill extends the term for the forgiveness of PPP loans (24 weeks or until the end of the calendar year), allows for five years to repay any money owed, extends the rehiring deadline for loan forgiveness from 8 to 24 weeks, and reduces the 75/25 rule to 60/40 so that at least 60% of PPP loan funds must be used for payroll. The Senate has been working on their own plan and it remains to be seen if the Senate will take up the House passed legislation or if they will pursue a compromise. NCPA’s summary of the bill is available here. NCPA has been advocating for these revisions to the PPP, including signing onto a letter last week to Congressional leadership, Treasury Secretary Mnuchin and Small Business Administrator Carranza.
NCPA Webinar Answers Questions
About Paycheck Protection Program
This week, NCPA hosted a webinar on the Paycheck Protection Program. Among the items discussed: Applying for loan forgiveness, what expenses may be covered, application deadlines, and other important aspects small business owners need to know. NCPA was actively involved in supporting the small business provisions and wants to ensure members understand the benefits of the program.
NCPA Supports Business Liability Protections
This week, NCPA signed onto a letter to members of Congress urging swift enactment of temporary and targeted liability relief legislation related to the COVID-19 pandemic. The letter, which was signed by more than 200 organizations, urges protections to safeguard businesses, non-profit organizations, and educational institutions, as well as healthcare providers and facilities from unfair lawsuits so that they can continue to contribute to a safe and effective recovery from this pandemic. A recent NCPA survey showed near unanimous support among community pharmacists for such protections.
House Hearing Examines Worker Protections
During Covid-19 Pandemic
This week, the House Education and Labor Committee’s Workforce Protections Subcommittee held a hearing titled, “Examining the Federal Government’s Actions to Protect Workers from COVID-19.” Subcommittee Chairwoman Alma Adams (D-N.C.) and other Democratic members were critical of the Occupational Safety and Health Administration (OSHA) for not issuing an Emergency Temporary Standard (ETS) to protect workers from COVID-19. Conversely, committee Republicans pointed to the voluntary guidelines for various sectors as being more than sufficient to protect workers instead of the issuance of a mandatory one-size-fits-all standard. NCPA submitted a letter for the record with a coalition of over 50 other organizations opposing the issuance of an ETS and supporting the continuance of industry-specific guidance by OSHA.
CMS Updates COVID-19 Guidance
for Part D Sponsors
On May 22, CMS revised its April 21 guidance, temporarily waiving Part D cost sharing requirements related to COVID-19. CMS is allowing flexibilities for the current contract year (CY) 2020 and for CY 2021 bid submissions, so long as the public health emergency is still in place. For CY 2020, Part D sponsors may waive cost sharing for covered Part D drugs with medically accepted indications for COVID-19, even if it would be inconsistent with the approved CY 2020 bid and plan benefit package. Part D sponsors would absorb the entire cost of the cost-sharing amount waived for both LIS and non-LIS eligible beneficiaries. For CY 2021, CMS is permitting Part D sponsors to waive cost sharing for covered Part D drugs that they determine are medically-indicated for COVID-19 when submitting their CY 2021 bids.
NCPA Highlights 2020 State Wins
NCPA has created a 2020 state legislative wins document tracking pro-patient, pro-pharmacy state bills that have been enacted into law. Highlighted are bills addressing Medicaid prescription benefit reform, PBM reforms, and expansion of pharmacist scope of practice. The document will be updated as future legislation is enacted.
Minnesota Expands Pharmacist’s Practice Authority
This week, Minnesota Governor Tim Walz (D) approved MN SF 13. The bill expands pharmacist’s vaccine authority to administer FDA approved COVID-19 or SARS-CoV-2 vaccines to eligible individuals 6 years of age and older. It also requires health plans to provide prescription coverage for self-administered hormonal contraceptives, nicotine replacement medications, and opiate antagonists prescribed and dispensed by a licensed pharmacist under the same terms of coverage that would apply if prescribed by another provider.
New Hampshire Acknowledges Pharmacists’ Role
in COVID-19 Testing
New Hampshire Governor Chris Sununu (R) issued an EO to include pharmacists in the state’s COVID-19 testing efforts. Pursuant to the EO, a licensed pharmacist may initiate, order, administer, and analyze FDA-EUA approved COVID-19 test kits to detect SARS-CoV-2 or its antibodies. Each participating pharmacy is required to create and implement policies and procedures to address the collection, storage, transport, and analysis of samples collected.
Ohio Clarifies Rules Allowing Pharmacists
to Administer COVID-19 Tests
Ohio Governor Mike DeWine (R) announced that the Ohio Board of Pharmacy clarified rules allowing pharmacists to order and administer COVID-19 tests. Gov. DeWine’s announcement highlighted efforts to ensure pharmacies access to tests.
States Continue to Align with HHS Testing Guidance
In response to the recently released HHS advisory opinion clarifying that the Public Readiness and Emergency Preparedness Act preempts state scope of practice laws, 30 states have now issued orders to align state law with federal guidance allowing pharmacists to order, collect samples and administer FDA-authorized COVID-19 tests. Some orders list out additional state-specific requirements for pharmacy testing, such as state clinical laboratory licensure requirements. Click here to view State’s Guidance on Pharmacist Authority to Administer COVID-19 Tests.
NCPA Supports Removal of Barriers
for Pennsylvania Pharmacists Testing for COVID-19
NCPA joined state and national pharmacy partners, including the Pennsylvania Pharmacists Association, on a letter to Pennsylvania Governor Tom Wolf (D) and Secretary of Health Dr. Rachel Levine. The letter urged the state to remove an “antiquated and unnecessary lab requirement” which sets stricter requirements than federal regulations as itis a barrier to pharmacists administering COVID-19 tests.
NCPA Advocates for Medical-at-Home for Dual-Eligibles
This week, NCPA submitted comments to the Bipartisan Policy Center to help inform its final report (expected July 2020) on resources and regulatory changes that are needed to address the COVID-19 outbreak for dual-eligible individuals. NCPA emphasized that, during the COVID-19 pandemic, patients are experiencing a heightened need for medical services at their homes, especially the elder population who is the most vulnerable due to their comorbidities and increased risks. NCPA encouraged BPC to include in their report the need for CMS to recognize medical at home pharmacy services for LTC pharmacists to provide these services and receive commensurate reimbursement.
NCPA PAC Hosts Meet and Greet for Pharmacy Owner
and Congressional Candidate Jerry Carl
This week, NCPA PAC hosted a pharmacy industry Meet and Greet for candidate Jerry Carl, who is running for Congress in Alabama’s First District. Carl owns a specialty pharmacy that serves patients with hemophilia, and plans on being an advocate for community pharmacy if elected. Carl is currently gearing up for a primary run-off on July 14th. . Check out Carl’s website, Twitter, and Facebook pages. You can also learn more about his campaign here.
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.