NCPA Advocacy Update

Week ending September 18

Author: APCI Staff/Monday, September 21, 2020/Categories: Legislative Affairs

NCPA Responds to PCMA Misinformation Campaign

In response to a PCMA ad campaign that seeks to distract from PBMs’ impact on rising drug costs and decreasing patient access to community pharmacies, NCPA created a document responding to PCMA’s ridiculous claims. NCPA will also deploy additional tactics to counter PCMA’s misinformation. In addition to the ads PCMA launched various state-specific websites to disseminate its message.


NCPA Endorses PPP Loan Forgiveness Legislation

This week, NCPA joined over 85 other organizations on a letter addressed to Congressional leadership endorsing S. 4117/H.R. 7777, The Paycheck Protection Program Small Business Forgiveness Act. This bipartisan legislation would streamline the forgiveness process for small businesses who received Paycheck Protection Program (PPP) loans during the pandemic. Improvements to the PPP is one of NCPA’s essential priorities for any Phase IV COVID-19 relief legislation. Urge your legislators to support NCPA’s essential priorities by clicking here.


Pharmacists Say Patient Steering is a Serious Issue

A new NCPA survey released this week reveals that nearly 80 percent of respondents have lost patients in the last six months due to unfair steering. According to the survey, 79 percent of community pharmacists say their patients’ prescriptions were transferred to another pharmacy in the last six months without their patients’ knowledge or consent. Respondents further reported that CVS Health is most often the place where community pharmacy patients are transferred.


White House Releases Most Favored Nation
Drug Pricing Initiative

Last weekend, President Trump signed and released an Executive Order directing the Secretary of HHS to implement a “Most Favored Nation” drug pricing program for Medicare Parts B and D. It directs the Secretary to take regulatory steps to establish a drug price ceiling as the lowest price, after adjusting for volume and differences in national gross domestic product, for a drug that a manufacturer sells in a country that has a comparable per-capita GDP and which is a member of the OECD, an organization dedicated to economic cooperation and supporting free markets and democracy. The White House hopes this strategy will provide savings to the Medicare program and improve patient outcomes by encouraging them to take their prescription drugs. This revokes an earlier EO which only covered Part B prescriptions. Price ceilings will assist Medicare patients with out of pocket costs, but it is unclear how this change will, if at all, affect pharmacy reimbursement.


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 three 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’s Legislative/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.


Rutledge v. PCMA to be Heard by Teleconference

This week, the Supreme Court confirmed that oral arguments in Rutledge v. PCMA will be heard by telephone conference, following the same format used for the May teleconference arguments. Each of the Justices and counsel will participate in the oral arguments remotely and the Court building will remain closed to the public.


NCPA Submits Comments on HHS Good Guidance Rule

This week, NPCA provided comments to HHS on an initiative the Department is developing to provide transparency to the issuance of guidance for all agencies with the exception of the FDA. HHS is developing a public, online, and searchable repository for guidance and providing additional guiderails and standardization for new documents from the organization. However, existing guidance must be in the repository by November 2, 2020 or else it is no longer effective. NCPA requested HHS provide clarification on why existing guidance would not be included and to reiterate the importance of including guidance developed during the PHE which is foundational for pharmacy to order tests and administer vaccines.


NCPA Participates in USP Open Forum on <795> and <797>

This week, Mr. Rich Moon of Pharmacy Innovations, represented the NCPA and served as a panelist at the USP Open Forum on Beyond-Use Date (BUD) Provisions under USP General Chapters <795> and <797>. The discussion centered around proposed modifications and there was significant participation on behalf of interested participants on both sterile and nonsterile compounding issues. The USP Expert Committee will be taking the questions and comments provided during this event and the earlier Roundtable Discussion under consideration as they move forward in their process.


NCPA Participates in National institute of Health Community
Engagement Alliance (CEAL) Against COVID Disparities

NCPA participated in the National Institute of Health (NIH) Community-Based Outreach Workstream where discussion was had on supporting the development of local and regional strategies for an equitable distribution of COVID-19 vaccines. Gaps pharmacists are able to fill include efforts to educate the public, address misinformation and mistrust, and promote and facilitate inclusion of diverse racial and ethnic populations in clinical trials. NCPA relayed leveraging the patient’s ease of access to independent community pharmacies which will prove pertinent to deliver on the promise of equitable vaccine distribution.


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.


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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