NCPA Advocacy Update

Week ending October 2

Author: APCI Staff/Monday, October 5, 2020/Categories: Legislative Affairs

Join us for a Facebook Live Preview of Rutledge v. PCMA

At 5 p.m. Monday, NCPA will preview this landmark case through a one-hour Facebook Live. NCPA CEO Douglas Hoey will be joined by American Pharmacists Association CEO Scott Knoer, National Association of State Pharmacy Associations Executive Director Rebecca Snead, and Arkansas Pharmacists Association CEO John Vinson for the event. The pharmacy leaders will offer their final thoughts prior to Tuesday’s oral arguments in Rutledge v. PCMA.


Rutledge v. PCMA Webinar Available Online

If you missed Tuesday’s webinar with Arkansas Attorney General Leslie Rutledge, you can catch it online here. Rutledge is the lead plaintiff in Rutledge v. PCMA, which will be heard by the Supreme Court next Tuesday. As we heard on the webinar, this case has the potential to be a game changer for community pharmacy. Thank you again to our sponsors, RxSafeEHR DataLiberty SoftwareDatarithmPharmacy Development Services, and Value Drug Company, for your generous support of NCPA’s Legislative/Legal Defense Fundand for helping to make this a successful event. If you have not done so, please consider making a donation to the NCPA LDF here or by texting LDF to 703-783-9397 to support NCPA’s ongoing fight against the PBMs and their egregious business practices.


NCPA Advocates for PBM Reform with White House Staff

This week, NCPA provided background information and possible regulatory fixes for PBM reform and pharmacy DIR fee reform to former Congressman Dr. Fleming (R-La.), who serves as the Chief of Staff for Mark Meadows, the White House Chief of Staff. Recently, NCPA met several times with Dr. Fleming and he has requested more information on the issue. The one pager highlights possible policy solutions which the White House could pursue without Congressional action, including finalizing already proposed rules issued by HHS on DIR or other avenues through CMS to address actions by PBMs, such as spread pricing, which result in higher costs being passed along to patients. NCPA will continue to be in communication with the White House as they explore policies which lower drug costs for patients.


Register Now for the NCPA 2020 Annual Convention

The NCPA 2020 Annual Convention is just over two weeks away! Register 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.


Provider Relief Fund Third General Distribution
Opens October 5

HHS announced a Phase 3 General Distribution allocation of $20 billion in new funding for providers. Providers that have previously received, rejected, or accepted a General Distribution Provider Relief Fund (PRF) payment are invited to apply for additional funding that considers financial losses and changes in operating expenses caused by coronavirus. Please read NCPA’s summary of the PRF for additional information regarding eligibility.


NCPA Supports Action on COVID Relief Legislation

This week, NCPA signed onto a letter with more than 40 other organizations representing small businesses to members of the House of Representatives urging support for a discharge petition on H.R. 8265, which makes modifications to the Paycheck Protection Program. The petition, led by Rep Jaime Herrera Beutler (R-Wash.) requires the support of a majority of House members, but if successful, would force a vote oh H.R. 8265. The cosigners noted that while they would have preferred a bipartisan, bicameral solution, the discharge petition is the last hope to bring more relief to America’s small businesses.


NCPA Requests HHS and HRSA Address 340B Issue

This week, NPCA sent a letter to HHS and HRSA to request an agency response to certain pharmaceutical manufacturer restrictions on shipments or requests for data collection from dispensing contract pharmacies. The letter expressed concerns over the ability for independent pharmacy to serve patients in rural and medically underserved communities. NCPA requested HRSA respond to these actions by requiring the manufacturers to honor 340B pricing for contract pharmacies. Additionally, NCPA urged HHS to return to a model where contract pharmacies must be within a certain radius of the covered 340B entity to better benefit the health and wellness of the community. NCPA will continue to monitor the actions of manufacturers and work with stakeholders to return to the intended purpose of the 340B program of stretching government resources to meet the needs of underserved patients.


New Jersey Enacts COVID-19 Testing Legislation,
Mandates Payment

After a conditional veto and concurrence with Governor Phil Murphy’s recommendations, New Jersey S 2436 authorizes pharmacists to order and administer tests for COVID-19. During the Public Health Emergency, health benefits and Medicaid coverage are required for issued medical testing orders provided by a health care professional licensed and authorized to provide health care service in the State. Click here to view NCPA’s letter of support to NJ legislature support the bill.


South Carolina Authorizes Pharmacists Administered
Influenza Vaccine for Any Age

South Carolina (SC) Governor Henry McMaster signed H 4663 into law authorizing pharmacist to independently order and administer influenza vaccines to persons of any age pursuant to a protocol issued by the board of medical examiners upon recommendation of the Joint Pharmacist Administered Vaccines Committee. In addition, any other vaccine approved by the Center for Disease Control may be administered to persons of any age pursuant to a prescriber’s order.


Pharmacists Prioritized in NASEM COVID-19 Vaccine Report

The National Academies of Sciences, Engineering and Medicine (NASEM) released their Framework for Equitable Allocation of COVID-19 Vaccine on October 2, 2020. The report offers an overarching framework for vaccine allocation and prioritizes frontline health care workers, including pharmacists, for initial vaccine administration.


Summary of FDA Importation Final Rule

The Food and Drug Administration (FDA) issued a final rule on October 1, 2020, to implement a provision of the Federal Food, Drug, and Cosmetic Act (FD&C) to allow importation of certain prescription drugs from Canada. Read NCPA’s summary of key provisions in the final rule, which includes an overview of Section 804 Importation Programs (SIPs) and Drug Supply Chain Security Act (DSCSA) requirements.


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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