NCPA Advocacy Update

Week ending June 26

Author: APCI Staff/Monday, June 29, 2020/Categories: Legislative Affairs

Additional Provider Relief Funding Available
for Medicaid/CHIP and Medicaid Managed Care Providers

The federal government is distributing $15 billion to providers that participate in state Medicaid/CHIP or Medicaid managed care programs that did NOT receive payment from the Provider Relief General Distribution Fund. Providers are eligible if they billed Medicaid/CHIP or Medicaid managed care between Jan 1, 2018-Dec 31, 2019 and provided patient care after January 31, 2020.

  • The payment will be at least 2 percent of reported gross revenue from patient care-final amount will be based on data submitted by provider.
  • Deadline to apply for the Medicaid Provider Relief Fund is July 20, 2020and once the provider receives the funds they have 90 days to attest to the terms and conditions of the payment.
  • You can apply for these funds through the provider relief payment portal.
  • NCPA has a 30 minute video on provider relief and HHS stimulus funds to help navigate the process.

NCPA Advocates to Preserve Important CARES Act Provision

This week, NCPA was one of 75 organizations to sign onto a letter to Senate Finance Committee Chairman Charles Grassley (R-Iowa) and Ranking Member Ron Wyden (D-Ore.) to retain provisions in the CARES Act pertaining to net operating losses (NOLs). The letter notes “The tax and liquidity provisions in the CARES Act are helping to ensure that the severe economic situation created by COVID-19 do not become even worse.”


HHS Official Highlights Importance of Community Pharmacies
During House Hearing

This week, the House Energy and Commerce Committee held a hearing titled, “Oversight of the Trump Administration's Response to the COVID-19 Pandemic,” to question Administration officials on the response to the COVID-19 outbreak and receive updates on current developments. During the hearing, Admiral Brett Giroir, HHS Assistant Secretary for Health, noted that he continues to work with Federal Emergency Management Agency (FEMA) officials to provide additional testing. In response to questioning from Rep. Buddy Carter (R-Ga), Giroir also emphasized the desire of the administration to expand testing by further utilizing pharmacists, specifically highlighting the role of independent pharmacies can play in rural and underserved communities.


NY Authorizes Pharmacists to Administer COVID-19 Vaccines

NY S 8182 was enacted into law and expands NY pharmacist’s vaccine authority to administer FDA approved COVID-19 vaccines from a physician or nurse practitioner patient specific or non-patient specific regimen, pursuant to regulations promulgated by the commissioner, consistent with public health law, for administering immunizations.


NCPA Joins Small Business Allies in Advocating
for Liability Protections

In a column published this week in the Washington Examiner, NCPA CEO Douglas Hoey, along with Henry O. Armour, president and CEO of the National Association of Convenience Stores, and Greg Ferrara, president and CEO of the National Grocers Association advocated for liability protections for essential businesses operating during the pandemic. The CEOs wrote, in part, "Given the very real threat of expensive and difficult-to-prove lawsuits against essential employers, Congress must support liability protection for businesses in the next coronavirus-related bill." NCPA will continue to advocate with Congress on this crucial issue.


Time is Running Out to Save on 2020 NCPA
Annual Convention Registration

If you have not yet registered for the NCPA 2020 Annual Convention, time is running out to save on your registration rate. The deadline to take advantage of the flash sale and save $100 is 11:59 ET tonight! Use code FLASH100 to claim your discount. Register today and embrace new opportunities, energize your business, and take your service model to new heights. We look forward to seeing you Oct. 17-20 in Nashville, Tenn. For more, view the preliminary convention schedule.


NCPA Submits Comments to DEA on EPCS

The Drug Enforcement Administration (DEA) issued an Interim Final Rule with request for comment regarding electronic prescriptions for controlled substances (EPCS) that became effective on June 1, 2010, although DEA never issued a Final Rule. DEA issued a second Interim Final Rule earlier this year and reopened the comment period to obtain feedback from stakeholders. NCPA submitted comments to address certain regulatory burdens related to third-party audit/certification of EPCS.


Mississippi PBM Legislation Signed into Law

Mississippi Gov. Tate Reeves (R) signed HB 708 into law. The newly enacted legislation protects patients and pharmacies by prohibiting PBMs from implementing retroactive claim reductions, establishing arbitrary pharmacy accreditation/certification requirements, and steering patients to PBM-owned pharmacies.


NCPA Urges Florida to Investigate PBMs
Before Extending Medicaid Managed Care Program

NCPA submitted comments to the Florida Agency for Health Care Administration urging the agency not to request an 1115 Waiver Extension that would extend the state’s Medicaid managed care program by two years. In the comments, NCPA pointed out that the evidence suggests Florida’s PBMs are engaging in self-dealing that increases costs for taxpayers, limits access for patients, and under-reimburses community pharmacies. NCPA requests that Florida fully investigate the role of PBMs in the state’s Medicaid program before requesting the waiver extension.


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.


Note: Due to the July 4 holiday, the weekly update will not be sent on July 3 and will resume on July 10.

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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