Supreme Court to Hear Rutledge v. PCMA on October 6
On Monday the Supreme Court announced it will hear the Rutledge v. PCMAcase on Tuesday, Oct. 6, at 10 a.m. ET. The case was originally scheduled to be heard in April but was pushed back due to COVID-19. The case marks the first time in history that the high court will rule on a case involving PBMs. NCPA and the Arkansas Pharmacists Association jointly commissioned an amicus to support Arkansas Attorney General Leslie Rutledge's appeal to enforce the 2015 pro-pharmacy, pro-consumer legislation that prohibited PBMs from paying pharmacies below cost and allowed pharmacies to refuse to dispense below cost prescriptions. NCPA's involvement in PBM-related legal cases began 15 years ago, and NCPA's efforts and collaboration with APA began some five years ago.
Oklahoma Prevails Over PCMA in District Court Ruling
A federal district court in the United States District Court for the Western District of Oklahoma issued a ruling substantially granting the state of Oklahoma’s request to implement its PBM law while it is being challenged before the court in PCMA v. Mulready. Specifically, the court held that PCMA was unlikely to prevail on the merits of its claims that ERISA preempts the state law provisions that it challenges. Or stated more simply, the court rejected every one of PCMA’s ERISA arguments and it rejected the bulk of PCMA’s Medicare Part D arguments as well. The ruling provides a pathway for Oklahoma to implement the overwhelming majority of its PBM law while the case is pending. The ruling is a positive outcome for independent pharmacy in Oklahoma. The Oklahoma Pharmacists Association has been working tirelessly on getting this law implemented. NCPA will continue to monitor this case, among others that impact PBM practices across the country.
NCPA Campaign Reminds Policymakers
that Community Pharmacies are Essential
This week, NCPA launched a grassroots and social media campaign reminding policymakers that community pharmacies are essential and to call on them support and protect essential businesses in the next COVID-19 legislative relief package. Specifically, the “Essential” campaign advocates that the next COVID-19 package should shield essential small businesses from opportunistic lawsuits, extend the Paycheck Protection Program, provide or ensure hazard pay, and let pharmacists administer tests and vaccines. Click here to urge your legislators to support these crucial proposals.
Ohio AG Sues Express Scripts
Ohio Attorney General Dave Yost filed a lawsuit against Express Scripts, alleging millions in overcharges to the state, specifically the Ohio Highway Patrol Retirement System. “This particular PBM egregiously charged for services it didn’t deliver,” Yost said. “It’s repeated breaches cost Ohioans millions, and we want our money back, ” according to the press release.
Yost filed a lawsuit against OptumRx last year alleging overcharges to the Ohio Bureau of Workers’ Compensation. That case is still pending.
Pharmacy Owner Jerry Carl Wins Congressional Primary
Congratulations to NCPA PAC supported candidate and pharmacy owner Jerry Carl on his victory in the Republican primary in Alabama's First Congressional District on Tuesday. Carl advances to the November general election for a House of Representatives seat, where he will face Democratic candidate James Everhart to succeed Rep. Bradley Byrne (R), who did not seek reelection. Carl owns a specialty pharmacy that serves patients with hemophilia and he will be an advocate for community pharmacy if elected in November. You can learn more about Carl on his website, Twitter, and Facebook pages. The NCPA PAC was proud to support Carl with a contribution to his campaign and urged NCPA members in his district to support him at the polls. If you’re an NCPA member, it is quick and easy to support NCPA PAC, and in turn pro-pharmacy political candidates like Jerry Carl—just text PAC to (703) 688-8086.
Have You Registered for the 2020 NCPA Annual Convention?
The NCPA 2020 Annual Convention will take place Oct. 17-20 in Nashville, Tenn. Don’t miss out on your opportunity to connect with your colleagues and attend programming that will provide you with all the information needed to answer your frequently asked questions regarding social media, audits, natural products, medical at home and a host of other topics. Click here to register if you have not yet done so. For more, view the preliminary convention schedule.
NAIC Opens Comment Period for PBM Model Bill
This week, the National Association of Insurance Commissioner’s Pharmacy Benefit Manager Regulatory Issues Subgroup approved the draft NAIC PBM model bill. The draft bill is now open for comments which are due by Tuesday, September 1. NCPA will be submitting comments to NAIC.
CMS Announces COVID Testing Initiative for Nursing Facilities
This week, CMS announced an initiative to provide every nursing facility with rapid response “point of care” COVID-19 tests in order to increase testing capacity and reduce wait times for results at laboratories. Vice President Mike Pence, along with Administrator Seema Verma, announced as many as 2,000 facilities will receive the Quidel and BD antigen tests beginning next week and others will receive them on a priority basis as determined by CMS to combat “hotspots” throughout the country.
DC Health to Relax Restrictions on Guidance
for COVID-19 Testing by Pharmacists
DC Health responded to a joint letter submitted by NCPA, NACDS, NGA, and FMI addressing concerns raised regarding previously released guidance for COVID-19 testing by pharmacists. DC Health relaxed some restrictions that were bought to their attention, including:
• Affirming all COVID-19 tests, FDA approved or authorized (EUA) are acceptable tests under the current emergency regulations
• Announcing that updated guidance will be released differentiating PPE requirements when within six (6) feet as opposed to not within six (6) feet of the patient (self-swab/specimen drop off)
• Confirming that the allowance for pharmacy technician participation in COVID-19 testing and other pharmacy services will be taken into consideration for any future guidance or regulation
DC Health also affirmed that testing is by appointment only and the requirement for outdoor testing will remain as is.
NASEM Releases Report on Compounded BHRT
The National Academies of Sciences, Engineering and Medicine (NASEM) recently released a report on compounded bioidentical hormone replacement therapy (BHRT). The report makes recommendations that may impair access to BHRT and NCPA is reviewing, discussing with our Compounding Committee and will be working with stakeholders including state boards of pharmacy on next steps. NCPA previously provided input as a panelist at one of the sessions held by NASEM.
Help NCPA tell your story by completing
the Annual Census Survey
NCPA’s Annual Census Survey is now open. This is your chance to be part of the bigger story to enable NCPA to communicate to legislators, regulators, the media, and patients the important role independent pharmacies play in their communities. All we need is 8-9 minutes of your time, and you can take the census on your mobile phone, tablet, or desktop computer. Please complete by Friday, Aug. 21.
Colorado Increase Patient Access to PrEP/PEP Services
House bill 20-1061 was signed by Governor Jared Polis’ (D) thereby increasing patient access to HIV pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP) medications by authorizing pharmacists to prescribe and dispense PrEP or PEP medications.
Alaska Medicaid Enrolling Pharmacists as Providers
The Alaska Medicaid Pharmacy team plans to hold several enrollment training sessions for pharmacists to enroll as licensed providers. Pharmacists will be prioritized for enrollment based on participation in community pharmacy COVID specific activities, then pharmacists in charge, followed by pharmacists providing vaccine services. Only pharmacists who work in a community-based setting (non-inpatient setting) are eligible to enroll.
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