Two NCPA PAC Endorsed Candidates
Win Competitive Primaries
This week, two NCPA PAC endorsed candidates won competitive primaries and will advance to November’s general election.
In Tennessee, NCPA member Diana Harshbarger, PharmD defeated 15 other candidates in Thursday’s Republican primary and will face Democratic candidate Blair Walsingham this November to represent Tennessee’s first Congressional District. The winner will succeed Rep. Phil Roe (R), who did not seek reelection.
In Kansas, Rep. Roger Marshall (R) won the Republican Senate primary defeating Chris Klobach, who was the Republican nominee for Governor in 2018. Marshall, who has been a supporter of community pharmacy in the House, will face Democratic nominee State Sen. Barbara Bollier to replace Sen. Pat Roberts (R) who did not seek reelection.
If you’re an NCPA member, it is quick and easy to support NCPA PAC, and in turn pro-pharmacy political candidates like Harshbarger and Marshall—just text PAC to (703) 688-8086.
Eighth Circuit Strikes Down North Dakota PBM Law
The United States Court of Appeals for the Eighth Circuit has struck down parts of North Dakota’s PBM statute being litigated in PCMA v. Tufte. We are disappointed that the Court applied erroneous standards to find that the North Dakota law regulating PBMs is not enforceable in that state. Despite this unfortunate setback, the State of North Dakota has options including the possibility of seeking a full rehearing from the United States Court of Appeals for the Eighth Circuit.
NCPA will continue to monitor this matter, and other cases directly impacting states’ efforts to regulate PBMs. These include the pending appeal at the U.S. Supreme Court in Rutledge v. PCMA that is scheduled to be heard on October 6, 2020, as well as PCMA v. Mulready in Oklahoma. Fortunately, Oklahoma is under the jurisdiction of the United States Court of Appeals for the Tenth Circuit and not the Eighth Circuit.
NCPA Supports Liability Protections
for Essential Businesses
NCPA joined on a letter led by the U.S. Chamber of Commerce in support of S. 4317, the SAFE TO WORK Act, which would provide timely, targeted, and temporary liability relief provisions for essential businesses operating during the pandemic. The letter, which was signed by 480 organizations, notes that Congress has enacted such liability relief in previous crises with strong bipartisan support.
NCPA Supports Improvements to the PPP
This week, NCPA joined as signatories on two letters that would improve the Paycheck Protection Program (PPP). The first letter urges Congress to clarify that any loan forgiveness under the PPP would be exempt from taxable income. This letter secured the support of over 180 signatories. The second letter urges Congress to expand the number of small businesses eligible for a second PPP loan by reducing the gross revenue reduction requirement from 50%. This letter was supported by 120 organizations.
National Governors Association Issues Guidance
on COVID-19 Vaccine Distribution
This week, the National Governors Association (NGA) issued guidance to help governors plan for COVCID-19 vaccination distribution in their respective states. According to NGA, “immunizing the U.S. population against COVID-19 will likely require the single largest vaccination campaign ever undertaken, and governors will play a key role in bringing together leaders from their state public health, immunization and emergency management systems to design and execute the operations.” The guidance laid out specific steps governors must take in planning for COVID-19 vaccination distribution. Some of the steps include:
- Convene partners to begin planning.
- Begin considering how vaccines should be prioritized.
- Assess logistical capability.
This presents a fantastic opportunity for pharmacists to partner with their states in preparation for when vaccines become available.
NCPA Reacts to President Trump’s
“Buy American” Executive Order
This week, NCPA CEO Douglas Hoey responded to President Trump’s new executive order calling for the federal government to buy “essential” drugs and supplies made in the U.S. rather than those from overseas companies. Hoey noted that while it is encouraging to see the president pursue how we can be less dependent on foreign nations for essential medications, it is also essential to reform how prescriptions are paid for at the pharmacy counter to see lasting reform on the overreliance of foreign rivals.
HHS Extends Provider Relief Fund Deadline
for Medicaid Providers; Will Reopen Portal
HHS announced that it is extending the deadline to apply for the Medicaid/CHIP/Dental Provider Relief Fund distribution until August 28, 2020 (the deadline had previously been extended to August 3). HHS also announced that beginning August 10, HHS will allow Medicare providers who missed the opportunity to apply for additional funding from the Medicare General Distribution, with a deadline of August 28, 2020 to complete an application to be considered for the balance of their additional funding up to 2 percent of their annual patient revenues. Visit the HHS Provider Relief Fund website for additional details and links to the application portal.
Negotiations on COVID-19 Phase IV Relief Package
Progressing Slowly
Negotiations on the next COVID relief package got under way this week with talks taking place between congressional leadership and the administration. While House Speaker Nancy Pelosi (D-Calif.) has claimed they would reach a deal by Friday, talks have stalled with little progress being made. The Senate is expected to technically stay in session next week but will not hold any votes unless there is a breakthrough in coronavirus negotiations. Contact your legislators and urge them to support inclusion of NCPA’s Essential priorities in any package that emerges.
2021 Part D Premiums Set
Recently, the Administration announced the basic premiums for Medicare Part D prescription drug plans. The premiums, among the lowest for participants since 2013, will be set at $30.50 for 2021. The Part D program remains very popular with seniors, with enrollment increasing by 16.7 percent since 2017. Unfortunately, premiums are kept artificially low by PBMs by using DIR fees and manufacturer rebates that do not actually result in lower prescription prices at the point of sale. NCPA remains committed to reforming DIR to protect patients and support pharmacies.
Manufacturers Request Claims Data
from 340B Covered Entities
Recently, Sanofi joined Merck in requesting 340B covered entities provide claims data to a clearinghouse to identify possible duplicate discounts at contract pharmacies. On October 1, 2020, if the claims data is not provided, Sanofi will end ship to/bill to arrangements at the contract pharmacies of 340B covered entities which do not comply. At this point, HRSA has not expressly discouraged the manufacturers from moving forward on this data collection. Sanofi maintains this will not change their relationship with the 340B program to provide reduced cost out-patient pharmaceuticals to providers with underserved populations. NCPA will continue to monitor these requests for compliance burdens on 340B contract pharmacies, the legal standing of pharmaceutical manufacturers to make these data collection requests, and the potential negative impact on reimbursement to contract pharmacies.
DOJ Sues Cigna Alleging
Medicare Advantage Fraud
This week, the U.S. Department of Justice filed a lawsuit against Cigna alleging the insurer defrauded the government into making $1.4 billion in overpayments in the Medicare Advantage program. Cigna is accused of falsifying the health conditions of its Medicare Advantage plan members to coax CMS into making larger payments to the insurer on behalf of beneficiaries. The DOJ also made similar allegations in a lawsuit filed earlier this year against Anthem.
Georgia Enacts Trio of PBM Reform Bills
Georgia Gov. Brian Kemp (R) signed three PBM reform bills into law. HB 946and SB 313 require the reporting of drugs paid 10% above and 10% below National Average Drug Acquisition Cost (NADAC) every four months, prohibit PBMs from tying a pharmacy’s drug reimbursement to a patient’s health outcomes, and require PBMs to offer drug coverage plans that do not include spread pricing and plans that allow plan sponsors to receive 100% of rebates negotiated by PBMs. HB 918 strengthens existing anti-steering provisions and the Pharmacy Audit Bill of Rights.
New Hampshire Authorizes Pharmacists
to Administer COVID-19 Vaccine
NH HB 1639 has been signed into law by Governor Sununu (R) authorizing pharmacists and pharmacy interns (under pharmacist supervision) to administer a COVID-19 vaccine once available. The pharmacist or pharmacist intern must notify the patient’s primary care physician. NH joins MN and NY as states that have recently enacted legislation to authorize COVID-19 vaccine administration by pharmacists.
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.
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.