NCPA Exposes the Truth on PBMs
This week, NCPA launched a new campaign, “The Truth,” aimed at countering a big-money propaganda effort by the PBM lobby to obscure their role in the high cost of drugs and the disappearance of neighborhood pharmacies. “The Truth” campaign will expose a variety of PBM tactics in detail, including profiteering, patient steering, and forcing pharmacies out of business.
Many of these practices are featured in the recently updated PBM Storybook: The PBM Story: What They Say, What They Do, and What Can Be Done About It. This helpful resource can be used to help educate patients and plan sponsors on PBM tactics and arms you with data to fight back against PBM misinformation locally.
HHS Extends PREP Act Authorization
to Pharmacy Technicians and Interns
The Department of Health and Human Services (HHS) has announced guidance under the Public Readiness and Emergency Preparedness (PREP) Act authorizing qualified pharmacy technicians and State-authorized pharmacy interns acting under the supervision of a qualified pharmacist to administer childhood vaccines to patients aged 3 through 18 years, COVID-19 tests, and COVID-19 vaccines when made available. This authorization is subject to several requirements, which can be found in the guidance.
Similar to previous guidance and amendments related to pharmacists’ authority to administer childhood vaccines and COVID-19 testing, qualified pharmacy technicians and State-authorized pharmacy interns now qualify as “covered persons” protected from liability suits under the PREP Act, and this authorization preempts any state restrictions on pharmacy technicians or State-authorized pharmacy interns from expanding access to vaccines and COVID-19 tests for the duration of the COVID-19 public health emergency.
FDA Delays DSCSA Enforcement Until 2023
The Food and Drug Administration (FDA) has announced that it will be delaying enforcement of certain requirements under the Drug Supply Chain Security Act (DSCSA) that had been scheduled to take effect November 27, 2020 for 3 years. FDA will not take action against dispensers who do not verify the statutorily-designated portion of product identifiers of suspect or illegitimate product nor requirements that specify how dispensers must investigate those products before November 27, 2023. This announcement is a result of sustained pressure by NCPA and other dispenser and wholesale distributor groups (10/19 letter, 5/22 letter) for FDA to exercise enforcement discretion.
Targeted COVID Package Fails in the Senate;
Negotiations Continue on Larger Bill
This week, the Senate failed to advance their $500 billion targeted/skinny COVID relief package along party lines. The legislation would have included liability protections, a second round of Paycheck Protection Program (PPP) funding, and loan forgiveness, which were all part of NCPA’s Essentials campaign. This relief package also included appropriations for testing, tracing, and vaccine development, as well as an extension of unemployment benefits.
However, House Speaker Nancy Pelosi (D-Calif.) and Treasury Secretary Steve Mnuchin have been negotiating on a larger COVID bill that could cost $2 trillion. While progress has been made in these talks, it does not appear that there will be any agreement reached before the election. It is also unclear on whether the Senate would pass a larger bill.
Drug Discount Cards Won’t be Sent
to Seniors Before the Election
This week, The White House backed away from a plan to send $200 prescription drug discount cards to seniors prior to Election Day after criticism the effort could violate election laws. However, White House Chief of Staff Mark Meadows indicated that he still expects the cards to be sent in late November or early December.
NCPA Presents for EPIC Rx Legislative Summit
NCPA staff presented for EPIC Rx’s annual legislative summit. The presentation covered federal and state issues concerning community pharmacy, including legislative efforts to address DIR, Medicaid reform, PBM regulations, and the Rutledge v. PCMA Supreme Court case.
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