Tricare Reverses Audit Recoupments
This week, after months of relentless advocacy along with our partners at APC and PAAS, NCPA received confirmation from Tricare that it was instructing Express Scripts to send new template letters to pharmacies impacted by recoupments for prescriptions dating back to 2015. The recoupments cited the lack of a relationship between the prescriber and the patient. However, under this new directive, pharmacies need only show proof of a valid prescription to recover the funds recouped by Express Scripts. Express Scripts will be sending letters to pharmacies specific to their situation depending on whether they have had monies recouped vs. partial recoupment vs. no recoupment.
Register Now for the NCPA 2020 Annual Convention
There is still time to register for the NCPA 2020 Annual Convention which starts on Sunday. Don’t miss out on the opportunity to hear from important health leaders during the current pandemic such as U.S. Surgeon General Vice Admiral Jerome M. Adams, MD, MPH and the HHS Assistant Secretary for Health Admiral Brett P. Giroir, M.D. In addition to these speakers and others, the NCPA Convention will be jam-packed with education for pharmacy teams inspired by pharmacy owners, a one-stop exhibition for products and services, and networking opportunities. This year’s virtual format allows you to experience the convention wherever you are, so register today.
Prescription Drug Sales Excluded from Provider Relief Fund
HHS has clarified in its most recent FAQ document that prescription drug sales should not be included when reporting gross sales or program service revenue when applying for the Phase 3 General Distribution of the Provider Relief Fund. Patient care revenues do include savings obtained by providers through enrollment in the 340B Program. You will have until November 6, 2020 to apply for Phase 3 General Distribution funding through the HHS Provider Relief Fund website. Please see NCPA’s fact sheet here.
DEA Publishes New Version of Pharmacist’s Manual
The Drug Enforcement Administration (DEA) Diversion Control Division has released the latest version of the Pharmacists Manual: An Informational Outline of the Controlled Substances Act (CSA). The guide is provided to assist pharmacists in understanding the CSA and its regulations as they pertain to the pharmacy profession. The 2020 edition has been updated to include information on the Secure and Responsible Drug Disposal Act of 2010, the Comprehensive Addiction and Recovery Act of 2016, and the SUPPORT for Patients and Communities Act of 2018.
HHS Announces COVID-19 Vaccine Options
for LTC and Assisted Living Facilities
On Friday, HHS announced a partnership with two chain pharmacies to deliver COVID-19 vaccine options to LTC facilities. That’s the top-line news you may hear, but please note: The program is not limited to these pharmacies. Because any vaccination plan that does not include independent pharmacies is destined to fail, the plan does allow for pharmacy choice on the part of the facility. Including independent pharmacies is critical, especially in rural and medically underserved areas. Allowing for pharmacy choice in this program is in direct response to NCPA and the American Society of Consultant Pharmacists concerns. Read the news release from HHS here.
If you are an LTC pharmacy provider interested in offering COVID-19 vaccines to facilities you service, let them know of your interest as soon as possible. Nursing homes and assisted living facilities will start responding to a survey on Monday, Oct. 19th choosing their provider of choice, WAG, CVS or their current pharmacy provider. Enroll with your state health department too.
Pharmacists Able to Bill Medicare and Receive
Direct Reimbursement for Administering
COVID-19 Vaccines to SNF Residents
The Centers for Medicare & Medicaid Services (CMS) has announced in an MLN Connects newsletter that in order to facilitate the efficient administration of COVID-19 vaccines to skilled nursing facilities (SNFs), that it will exercise enforcement discretion with respect to SNF statutory Consolidated Billing Provisions to allow Medicare-enrolled immunizers, including pharmacies, to bill directly and receive direct reimbursement from the Medicare program for administering COVID-19 vaccines to Medicare SNF residents.
CMS will exercise this enforcement discretion either: 1) until the last day of the calendar quarter in which the COVID-19 public health emergency (PHE) ends; or 2) as long as CMS determines that there is a public health need for mass COVID-19 vaccinations in congregate care settings – whichever is longer.
FDA Clarifies November 2019 Revisions
to Labeling Regulations on Insulin Pens
This week, the FDA released information to clarify the intent of the earlier revisions to labeling requirements for insulin pens, which stated that health care professionals should dispense pens to a single patient in the original sealed carton. While the FDA is still advocating for the adoption of this standard as well as encouraging manufacturers to produce pens in smaller carton sizes to better control administration of the pens, the agency publicly recognizes situations where a practitioner would dispense pens to patients outside of the original carton. In these situations, the agency encourages those health care professionals to weigh the risks associated and take appropriate safety measures to mitigate risks. However, the FDA is not pursuing further action as this time but will continue to monitor the situation and may take additional steps in the future. The NCPA LTC Division has been actively advocating for more flexibility for dispensing pens for LTC patients since the FDA released these revisions in November.
NCPA Invited to Participate in HHS Vaccine Consultation Panel
NCPA has been invited to participate in HHS’ vaccine consultation panel (VSP). Panel participants receive periodic updates from key leaders at HHS on the progress in the development and distribution planning of a COVID-19 vaccine. Additionally, VCP members share the questions, concerns, and needs of their constituencies with the Department leaders.
NCPA and NASPA Host Post-Rutledge Webinar
for State Pharmacy Execs
NCPA and the National Alliance of State Pharmacy Associations jointly hosted a webinar for executive directors of state pharmacy associations regarding the Rutledge v. PCMA case and its potential impacts on state PBM reforms in the future. Along with NCPA and NASPA staff, Rob Smith of the Katten law firm provided legal analysis of the arguments and possible outcome scenarios.
NCPA Submits Additional Comments on FDA GFI
on Compounding Animal Drugs from Bulk Drug Substances
This week NCPA submitted additional comments to the FDA regarding their GFI on compounding animal drugs from bulk stances. NCPA originally submitted comments which included a request for withdrawal of the GFI in June but the FDA had extended the deadline for commenting until October 15, 2020. In the addendum, NCPA highlighted some additional issues which were not raised in the earlier submission, such as proposals on fractional dosages, extralabel compounding, and other fundamental issues regarding the authority of FDA – usually the domain of the states - to regulate these policies. NCPA will continue to work with the FDA and other stakeholders to ensure veterinarians and pharmacists who treat animals are able to care for their patients.
NCPA Members Host Events for Congressional Leaders
Recently, NCPA members hosted events for two members of Congress. First, NCPA PAC Chairman and Past President Steve Giroux organized a roundtable discussion with Rep. Tom Reed (R-N.Y.). Reed is the co-chairman of the bipartisan House Problem Solvers Caucus and also serves on the Ways and Means Health Subcommittee.
Additionally, NCPA member Kelly Selby hosted a small event at his home for Rep. Michael Burgess (R-Texas). Burgess serves on the Energy and Commerce committee and the discussion focused largely on compounding issues. Ronna Hauser, NCPA Vice President, Policy and Government Affairs Operations, was also in attendance.
This is what effective advocacy looks like and NCPA PAC is proud to support both of these members of Congress. Please consider supporting the NCPA PAC to help elect pharmacy friendly candidates to Congress. Note, NCPA PAC can only accept contributions from NCPA members and can only accept personal funds.
Vermont Expands Access to Pharmacist Services
This week, Vermont Gov. Phil Scott (R) signed S 220 to increase the public’s access to health care services at community pharmacies. The bill grants expansive practice authority under a collaborative practice agreement and statewide protocols for various services. Click here to see NCPA’s letter of support for the bill during the legislative process.
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.