Hoey Supporting Operation Warp Speed
NCPA CEO Douglas Hoey has been asked to serve alongside administration officials and industry executives as part of Operation Warp Speed, the race to develop, approve, produce, and distribute hundreds of millions of doses of vaccines for COVID-19. “Developing a vaccine in record time is the first hurdle. Then we need a way to distribute hundreds of millions of doses in record time. Community pharmacies are crucial to the administration of the millions of doses that will be needed to overcome the debilitating effect of the virus, and I’m glad to have the opportunity to represent community pharmacy as part of the effort,” Hoey said. Operation Warp Speed is a government-wide effort that includes HHS, the CDC, the FDA, the National Institutes of Health, and the Department of Defense.
Hoey Stresses Need for Community Pharmacy Involvement
in COVID-19 Vaccinations
Last week, NCPA CEO Douglas Hoey sent a letter to the Trump administration stressing the need to include community pharmacies in administering COVID-19 vaccinations. Hoey noted, that with most rural and medically underserved communities relying on the services of independent community pharmacies, including these neighborhood pharmacies in coronavirus immunization plans is key in achieving widespread vaccine administration.
NCPA’s Hauser Invited to Participate
in HHS COVID-19 Testing Forum
Ronna Hauser, Pharm D, and NCPA vice president, policy and government affairs operations, has participated in three meetings of a COVID-19 testing forum led by Admiral Brett Giroir, assistant secretary for health at HHS. Hauser has relayed independent community pharmacy’s perspectives on testing and the need for increased access to tests as well as increased opportunities to partner with HHS to offer testing via community-based testing sites and public/private partnerships.
Pharmacists Authorized to Order and Administer
COVID-19 Vaccinations
This week, in response to sustained NCPA advocacy efforts, the Department of Health and Human Services (HHS) issued a guidance under the Public Readiness and Emergency Preparedness (PREP) Act authorizing state-licensed pharmacists to order and administer—and pharmacy interns acting under supervision of qualified pharmacists—to administer COVID-19 vaccinations to persons ages 3 and older. This authorization preempts any state and local laws that prohibit qualified pharmacists from ordering and administering COVID-19 vaccines and will remain in effect during the public health emergency.
Provider Relief Fund Deadline Approaching
The deadline to apply for the Provider Relief Fund (PRF) is this Sunday, September 13. If you are applying for a PRF grant from the Department of Health and Human Services (HHS), please be sure to read the application instructions carefully, and as a reminder prescription sales are currently not included in the HHS definition of patient care and should not be included when reporting gross sales or receipts or program service revenue in your application. In addition, when you receive your PRF payment read the terms and conditionscarefully before accepting the grant. More information and the application portal can be found on the HHS Provider Relief Fund website.
Register Now for the NCPA 2020 Annual Convention
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. Look forward to “seeing” you Oct. 18 and 19.
Hear Directly from Arkansas AG Leslie Rutledge
as She Prepares to Take on the PBMs
In less than four weeks, the Arkansas attorney general will take the fight against oppressive PBM practices 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 make an impactful contribution to NCPA’sLegislative/Legal Defense Fund, which funds expenses related to Rutledge v. PCMA, as your contribution will be matched dollar for dollar by the webinar sponsors. 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.
NCPA Responds to Ranking Member Request
on Regulatory Reform
Last week, NCPA responded to a request from House Oversight and Government Reform Committee Ranking Member James Comer (R-Ky.) seeking input on potential regulatory impediments to the success of independent pharmacy. NCPA provided information related to the negative impact of DIR fees, the burdens of recordkeeping required by CMS and PBMs, and the positive efforts of the Administration to date to provide relief on policies related to foreign language requirements. NCPA will continue to advocate on DIR fees and seeking other opportunities to provide regulatory relief for membership.
NCPA Leads Pharmacy Community
on NAIC PBM Model Legislation Comments
Last week, NCPA led joint comments with 74 other pharmacy stakeholders to the National Association of Insurance Commissioners on model legislation to regulate and license pharmacy benefit managers. “When left to their own devices, PBMs are unwilling to play by the rules, operating largely in secret to bring in revenue for themselves to the detriment of all others,” NCPA CEO Douglas Hoey said in a statement. “They must be forced to operate fairly and transparently. Enacting the strongest policies possible can certainly help, but these policies must be fully enforced for patients to see lower drug prices and improved access to care.” Read the joint comments and the full list of signatories and joint proposed amendments to the draft bill.
NCPA Comments on NASEM COVID Vaccine
Distribution Draft Proposal
Last week, NCPA signed onto comments led by the Joint Commission of Pharmacy Practitioners (JCPP) to the National Academies of Science, Engineering and Medicine (NASEM) regarding NASEM’s discussion draft for equitable distribution of a COVID-19 vaccine. The signatories noted that a successful vaccination distribution plan for the equitable allocation of COVID-19 vaccine(s) must involve all licensed pharmacists and pharmacies.
Senate HELP Committee Examines
COVID-19 Vaccine Development
This week, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing titled, “Vaccines: Saving Lives, Ensuring Confidence, and Protecting Public Health,” to examine vaccines for COVID-19, public acceptance, and related vaccination activities. There was large bipartisan support for federal action to advance COVID-19 vaccine development and foster public confidence in the safety and efficacy of COVID-19 vaccines, once approved. Despite general agreement on these principles, members were divided in their assessment of the Administration’s handling of the COVID-19 crisis and the reasons for public distrust over a COVID-19 vaccine.
Energy and Commerce Committee Advances
Bipartisan Health Bills
This week, the House Energy and Commerce Committee held a markup, advancing 26 bipartisan health-related bills addressing topics including mental health access and parity, medical marijuana research, and the Food and Drug Administration (FDA) pediatric rare review program. The markup also included several bills concerning the Drug Enforcement Administration’ (DEA) authority over suspicious orders of controlled substances and drug diversion issues. NCPA provided feedback on these bills at the request of committee Chairman Frank Pallone (D-N.J.), which resulted in positive changes in the legislation.
PCMA Withdraws Challenge to Enforcement
of Oklahoma PBM Law
Last week, PCMA withdrew its challenge to Oklahoma’s authority to regulate PBMs while the PCMA v. Mulready case is pending. The Oklahoma law would regulate PBMs, protect patient access, and ensure fairer business practices. The Oklahoma law ensures network adequacy and establishes “any willing pharmacy” requirements. It minimizes PBM conflicts of interest by prohibiting higher reimbursement rates for pharmacies owned by PBMs.
Eighth Circuit Refuses to Reconsider North Dakota Ruling
Last week, a three-judge panel of the 8th Circuit Court of Appeals declined to have the entire court re-hear arguments on its previous decision to overturn a North Dakota law regulating the fees that PBMs can charge pharmacies. The decision is a setback for North Dakota and other states whose PBM regulations are being challenged in court. The 8th Circuit is also the court that ruled against pro-consumer, pro-pharmacy PBM legislation in Iowa and Arkansas. Their ruling in the Arkansas matter made it to the U.S. Supreme Court, which will hear that case, Rutledge v. PCMA, next month. North Dakota officials also have the right to seek relief from the Supreme Court to prevent this ruling that NCPA believes is erroneous.
HHS Announces Additional Funding for Nursing Facilities
and Assisted Living Facilities
Last week, HHS provided details for a $2 billion Provider Relief Fund distribution to nursing homes, issuing performance-based payments as part of a $5 billion initiative to support nursing homes during the COVID-19 PHE. Recipients of funding will be measured by their ability to keep COVID infection rates and mortality low among residents.
Additionally, HHS updated its FAQ document regarding the Provider Relief Fund for all providers, including assisted living facilities (ALFs). Since ALFs serve a vulnerable population, they have incurred expenses to protect their patients and staff. ALFs may now apply for funding under the Phase 2 General Distribution allocation to continue to combat the economic harm and to cover the additional expenses caused by COVID-19. The deadline for application is September 13, 2020.
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 benefiting 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.