NCPA Urges Congressional Leaders to Probe Problems
with Mail Order Prescriptions

This week, NCPA sent a letter to House Energy and Commerce Committee Chairman Frank Pallone (D-N.J.) and Ranking Member Greg Walden (R-Ore.) urging the committee to broaden the scope of its investigation into potential delivery delays of mail order prescriptions linked to operational changes at the U.S. Postal Service. NCPA urged the committee leaders to also probe long-term problems with mail order prescription plans, including damaged or missing medications, expensive waste, conflicts of interest, and decreased patient choice and access to reliable pharmacy care.

Provider Relief Fund Application Deadline Extended
to September 13

Sept. 13, is the new deadline to complete an application to receive a distribution from the Provider Relief Fund. It is for both the Medicaid/CHIP/Dental Provider Relief Fund distribution and Medicare providers who missed their opportunity to apply for additional funding from the Provider Relief Fund Medicare General Distribution. Please be sure to visit the HHS Provider Relief Fund website for additional details and links to the application portal.

NCPA 2020 Annual Convention Registration is Now Open

Registration for the NCPA 2020 Annual Convention is open! Sign up TODAY for this online live and virtual event where we’ll bring you all the innovative, business-focused programs you have come to expect from NCPA. And you can experience this convenient, affordable convention wherever you are! In some ways, this year’s event is no different than any other NCPA Convention: jam-packed with education for pharmacy teams inspired by pharmacy owners, a one-stop exhibition for products and services, and great programs, speakers, and networking opportunities. On the other hand, this year’s event spans two consecutive days instead of four, and attendees can check in from wherever they are. If you have already registered for the live meeting, we have options for refunding your registration fee. Please contact Eva Jones at eva.jones@ncpa.org for more information. Look forward to “seeing” you Oct. 18 and 19.

NCPA Joins Pharmacy Community in Praising
HHS Childhood Vaccine Announcement

NCPA joined 11 professional organizations in a statement praising HHS for authorizing pharmacists to immunize children during the coronavirus public health emergency. While some organizations have opposed HHS’ action, the letter signatories note that child vaccine rates have dropped during the pandemic, and pharmacists are a community’s most accessible health care provider and have the education and necessary training to administer vaccines. NCPA will continue to aggressively advocate for pharmacists to gain authorization to administer coronavirus vaccines, when available, and to work toward development of a viable way for payers to reimburse pharmacists for providing immunization services.

HHS Rescinds Testing Approvals for Labs only; Still Restricts
Pharmacy COVID-19 Testing to FDA Authorized Tests

NCPA members should confirm they, and their laboratory partners, are using FDA authorized COVID-19 tests with patients to ensure they are complying with HHS authority to administer tests and utilizing the PREP Act to limit their liability exposure. Last week, HHS announcedlaboratories can use unapproved diagnostic tests for their internal use only. Any use by another laboratory would require FDA review and authorization through existing channels, such as the Emergency Use Authorization (EUA). HHS added unauthorized tests would not be covered by the PREP Act and therefore be unable to avail themselves to the limited liability protections. Additionally, the authority of pharmacists to administer tests by HHS specifically requires the use of FDA authorized COVID-19 tests.

Hear Directly from Arkansas AG Leslie Rutledge
as She Prepares to Take on the PBMs

In less than six weeks, the Arkansas attorney general will take the fight against oppressive PBM control to the highest court in the country. Hear directly from Attorney General Leslie Rutledge, the plaintiff in this landmark case, on Sept. 29, as she discusses Rutledge v. PCMA, a case that could change community pharmacy forever. During the webinar, you’ll have the opportunity to contribute to NCPA’s Legislative/Legal Defense Fund, which funds expenses related to Rutledge v. PCMA. NCPA filed a brief in support of the case, and we’re active in other states as well. Your contribution to the LDF is critical as our webinar sponsors will MATCH your individual contributions to the LDF dollar for dollar. Regardless of your ability to contribute, we hope you will join us. You can register for the webinar here. Learn more about the case here.

DHA Responds to NCPA on ESI/Tricare Audits

This week, NCPA received a response to a letter sent to the Defense Health Agency regarding ESI’s egregious recoupment efforts for Tricare compounded prescriptions. An updated white paper based on DHA’s response is available here. DHA has also advised that ESI will be sending pharmacies a revised letter and that pharmacies will have 90 days from Sept. 1 to file their appeals.

NCPA Comments on PQA Pharmacy Measures

This Friday, NCPA submitted comments to PQA on their Pharmacy Measure Development Action Plan. PQA is attempting to develop a standard set of measures to assess pharmacy performance and for use in accountability programs. NCPA provided feedback on the metrics PQA seeks to first implement, further metrics currently being discussed, and general remarks on how to best assist community and long-term care pharmacy.

North Dakota Pharmacies Providing COVID-19 Tests
for Asymptomatic Patients

In partnership with North Dakota (ND) Department of Health, ND pharmacies are now testing asymptomatic patients for COVID-19. Upon making an appointment, patients arrive at their pharmacy for specimen sample collection which is then sent to the lab for results. These efforts have been underway since the first week in August testing patients in targeted areas and pharmacies who are willing are being included to expand testing statewide. Pharmacies are set up with State Lab ID numbers for ordering, administering, tracking purposes. The pharmacies are provided with PPE, oral throat swab training (via video or live training), and N95 mask fit testing at no cost. Building off of this effective relationship the ND DPH plans to rely heavily on pharmacists for their access to communities when a COVID-19 vaccine becomes available.

States Continue to Enact Pro-pharmacy laws

The coronavirus may have shortened many states’ legislative sessions, but it has not prevented legislators from seeing the value of community pharmacy or from passing legislation to allow pharmacists to better serve their patients. Check out NCPA’s recently updated “2020 State Legislative Wins for Community Pharmacists” for more information on recently enacted laws addressing Medicaid, PBM reform, and pharmacy scope of practice issues.

340B Fight Between Pharma and Hospitals Continues

In a series of letters last week, the American Hospital Association (AHA) has accused five pharmaceutical manufacturers of disrupting the drug supply for certain drugs through their actions in attempting to restrict access for contract pharmacies. The AHA accused the manufacturers of diverting resources from the hospitals during the epidemic. These actions undertaken come in the wake of the D.C. Circuit ruling that permitted CMS from enacting significant payment cuts to the 340B program. NCPA will continue to monitor the situation for impact on our members who serve as contract pharmacies for 340B entities.

HHS Pushes Back Timeline to Modifications of Stark Law

This week, CMS delayed its schedule by a year to August 2021 for finalizing reforms to the physician self-referral rule as they look to increase participation in value-based pay models. However, an extension on parallel modification being written by the HHS OIG on safe harbor exemptions has not been announced. Despite pushing for an expedited finalization from interested stakeholders, CMS is still working through comments received on the proposed rule. Earlier this year, NCPA advocated before the HHS OIG for the inclusion of community pharmacy in the value-based enterprise exemption.

DC Health – Board of Pharmacy
COVID-19 Testing Guidance Update

Efforts from NCPA, NACDS, NGA, and FMI prompted a DC Health release updating the COVID-19 testing guidance for pharmacists. PPE requirements were relaxed on eye protection (i.e. face shield, goggles), required only when the pharmacy staff involved in the testing process is within 6 feet from the patient. When greater than 6 feet a face mask and gloves are sufficient. Also, pharmacy technicians will now be allowed to assist with various processes throughout the test but unfortunately, they still will not be allowed to perform any COVID-19 test under direct pharmacist supervision.

Drew Running for Pennsylvania State House
as Pharmacy Advocate

Lindsay Drew (D) is running for the Pennsylvania State House in the 106th District as a supporter of independent pharmacy. Her father has been involved in the industry for many years, and with her familiarity with pharmacy, Drew will advocate for pharmacy issues if elected. Be sure to check out Drew’s website, Twitter, and Facebook pages. You can contribute to Drew’s 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.

Note: Due to the Labor Day holiday, the weekly update will not be sent on September 4 and will resume on September 11.

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