Supreme Court Hears Rutledge v. PCMA

This week, the Supreme Court finally heard oral arguments in Rutledge v. PCMA. Afterward, NCPA CEO Douglas Hoey, APA’s John Vinson, APhA’s Scott Knoer, and NASPA’s Rebecca Snead, along with Tiffany Wright, a distinguished Washington attorney and former Supreme Court clerk, offered their insights and reactions to the arguments and NCPA released a brief summary of the arguments. A decision is expected by June 30, 2021, and NCPA will continue to provide updates on our SCOTUS webpage.

Register Now for the NCPA 2020 Annual Convention

The NCPA 2020 Annual Convention is just over a week away! The registration rate will increase on Oct. 15, so 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.

Amidst COVID Crisis, NCPA Advocates for Pharmacy

Community pharmacies are doing their part to keep their patients healthy during this national crisis, and NCPA’s Advocacy Center has worked tirelessly to aid you so you can continue to serve your patients. This document highlights legislative and regulatory wins at both the federal and state levels.

HRSA 340B Complaint Form for Contract Pharmacies

Recently, the vendor for the 340B program made available a complaint form for contract pharmacies to report unavailable pricing or overcharges for drugs. This is an opportunity for any pharmacy participating in the 340B program as a contract pharmacy to let HRSA know directly about the impact on patients. Please include as much detailed information as you can as HRSA is looking for specifics on the consequences of the actions the manufacturers took earlier this year.

Public Health Emergency Declaration Extended

Secretary of Health and Human Services Alex Azar announced on Friday, October 2 that the current COVID-19 Public Health Emergency (PHE) would be extended for a third time, effective October 23 for an additional 90 days until January 21, 2021. This applies to pharmacists’ ability to provide COVID-19 testing, immunity from liability claims under the Public Readiness and Emergency Preparedness (PREP) Act, and most recently to administer childhood vaccines. Be sure to visit NCPA’s Coronavirus Advocacy page for more information on federal, state, and local developments related to the PHE that affect pharmacists.

NCPA Submits Comments on CMS RFI on EPCS

This week, NCPA submitted comments to CMS on the request for information on Electronic Prescribing of Controlled Substance, both as an organization and as part of the EPCS Coalition. NCPA supported EPCS as standalone legislationand successfully advocated for the inclusion of an LTC exception as part of the language within the SUPPORT Act. While the RFI from CMS focused on prescriber issues, NCPA reminded CMS on the unique role of LTC, which requires communication and coordination between multiple parties, which could create issues for LTC patients if not properly accommodated. Additionally, NCPA provided information on enforcement strategies which have been successful in encouraging adoption in the states which have already implemented their own versions of EPCS. NCPA supports the new January 1, 2022 deadline but with 98% of pharmacies already EPCS compliant, our members are ready to move forward earlier if CMS decides to push forward the timeline.

Tricare Pharmacy Pilot Program Receives Bipartisan Support

This week, Reps. Peter Welch (D-Vt.), Buddy Carter (R-Ga.), and David Loebsack (D-Iowa), along with 43 members of the House sent a letter to the National Defense Authorization Act (NDAA) conference committee members to urge the inclusion of a retail pharmacy pilot project in the final NDAA this year. This pilot program, which was first authorized in 2017, would give beneficiaries the choice to fill maintenance medications at retail pharmacies instead of only at a military treatment facility or through mail order. The pilot was never implemented by the Department of Defense, so this year’s provision championed by Sen. Mike Rounds (R-S.D.) would mandate the pilot to increase access and lower the prices of prescription drugs for TRICARE beneficiaries.

NCPA Submits Comments to CMS on Physician Fee Schedule

NCPA submitted comments to the Centers for Medicare & Medicaid Services (CMS) in response to their proposed rule on revisions to payment policies under the physician fee schedule, the requirement for Electronic Prescribing for Controlled Substances (EPCS) for a covered Part D drug under a prescription drug plan or an MA-PD plan, and the Medicare Diabetes Prevention Program (MDPP) expanded model emergency policy. NCPA comments focused on extending pharmacists’ ability to order and administer appropriate tests beyond the current COVID-19 public health emergency (PHE) and other scope of practice issues, payment for pharmacist telehealth services, and extending current flexibilities in the MDPP beyond the COVID-19 PHE.

Vermont Expands Access to Contraceptives

Vermont Governor Phil Scott (R) signed into law H 663 requiring group health insurance plans to cover any deductible, coinsurance, co-payment, or other cost-sharing requirements for all drugs, devices, and other FDA approved contraceptive products prescribed by the insured's health care provider. If S 220also receives his approval, it will expand pharmacists' authority pursuant to a state protocol to independently prescribe self-administered hormonal contraceptives.

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