ICYMI: NCPA Webinar Previews NCPA v. Azar
NCPA hosted a webinar with President Brain Caswell, CEO Douglas Hoey, and attorney Stephanie Webster of Ropes Gray to cover the basics of NCPA’s lawsuit against HHS Secretary Alex Azar. You can view a recording of the webinar here. In order for us to continue these efforts, please consider contributing to NCPA's Legislative/Legal Defense Fund as we pursue this fight on behalf of our members. Please give online or text LDF to (703) 783-9397 to donate whatever you can give so that NCPA can keep fighting for you. You can keep up with the case here.
NCPA Combats the PBMs with The Truth Campaign
PCMA, the powerful lobbying arm of the PBMs, launched a disinformation campaign shortly before the Rutledge decision last year blaming independent pharmacists for the high cost of drugs. This week, NCPA launched The Truth campaign to counter the assault from PBMs. The Truth is reaching beyond our own base to pharmacy patients, policymakers and influencers in Washington, DC, and legislators in the 18 state capitals where PCMA is focusing its attack. You can learn more about The Truth campaign here. You can also help us remain on offense by contributing to the NCPA Legislative and Legal Defense Fund.
NCPA and ASCP Urge Governors to Utilize
Independent LTC Pharmacies in Vaccine Distribution Plans
In a letter to the National Governors Association, NCPA and the American Society of Consultant Pharmacists urged states to follow West Virginia’s model and use independent LTC pharmacists in state vaccine programs. In a press release, NCPA CEO Douglas Hoey said, “The states that are most effective right now are states that have engaged community pharmacies in their vaccine programs. We need to immunize tens of millions of seniors, and we need to do it quickly. It’s too much to expect just two chain pharmacies to meet that challenge, no matter how big they are. Unlike the chains, many community pharmacists don’t have a learning curve when it comes to serving these populations. They’ve been doing it for decades, and they should be doing it now in every state.” Read the full release here.
2021 Special Enrollment Period for Exchanges Opens
in Response to COVID-19
In accordance with an Executive Order issued on January 29, 2021 by President Biden, CMS will open a Special Enrollment Period (SEP) for individuals and families to sign up for health coverage for Marketplace coverage in response to the COVID-19 public health emergency. The SEP will allow individuals and families in the 36 states with Marketplaces served by the HealthCare.gov platform to enroll in 2021 health insurance coverage. More information regarding the SEP can be found in the CMS fact sheet.
Biden Administration Delays Effective Date
of the “Rebate Rule”
On January 29, 2021, HHS OIG announced a temporary delay of the final rule better known to industry as the “Rebate Rule.” The final rule was finalized on November 30, 2020, and amends safe harbors to pass manufacturer rebates for Part D pharmaceuticals to patients at the point of sale. Under the memorandum “Regulatory Freeze Pending Review” and the pending litigation filed by PCMA, HHS is reviewing the impacts of the rule and delaying the effective date from January 29, 2021 to March 22, 2021. As HHS conducts its review, NCPA will continue to provide input on the impacts of the rebate rule on community pharmacy as well as continue to advocate for the inclusion of a DIR fix.
U.S. Representatives Spanberger (D-VA) and McKinley (R-WV)
Call on HHS to Increase Focus on Community Pharmacies
in COVID-19 Vaccine Distribution
In a letter to HHS, Representatives Abigail Spanberger (D-VA-07) and David B. McKinley (R-WV-01) are calling on the Administration to replicate strategies in states that have opted for a community pharmacist-led approach in its national COVID-19 vaccine distribution strategy. The letter points out that the most successful states, in regards to COVID-19 vaccinations, have been those who have utilized local community pharmacies. “Community pharmacists have the flexibility to cut through red tape and reduce paperwork burdens for patients and their guardians in many cases. For example, in West Virginia, the community pharmacists demonstrated great ingenuity in establishing a vaccine drive that finished administering the first round of the vaccine to nursing home residents by the end of the December,” said Spanberger and McKinley. “By comparison, at the end of December most other states had only just begun administering the first dose of the vaccine to nursing home residents.” NCPA CEO, Douglas Hoey, was quoted in the press release.
NCPA Comments on the Most Favored Nation Rule
NCPA submitted comments to CMS urging the agency to rescind the Most Favored Nation (MFN) rule for Medicare Part B Drugs and Biologicals (summary of the MFN Model here), and to work with NCPA and other stakeholders to identify more appropriate models to curb the cost of prescription drugs. Recent legal developments, in addition to the Regulatory Freeze Pending Review memo issued by the Biden administration on January 20, 2021 means that the MFN rule will not take effect in the short term, and if and when a new MFN rule is introduced, it will be in the form of a proposed rule with an opportunity for public comment.
USP Launches Toolkit on COVID-19 Vaccines
USP has created a toolkit for healthcare practitioners to assist in accelerating administration and address issues on preparation, labeling, storage and transportation, as well as waste and disposal of COVID-19 vaccines. USP will continue to update the toolkit as new manufacturers complete the FDA approval process and as additional content and best practices on how to administer the vaccines becomes available.
Maryland Updates Fee-For Service Dispensing Fees
On January 26, 2021, the Maryland Department of Health published modifications of the current Fee-for-Service reimbursement, including services provided in LTC facilities, to better reflect the true cost of dispensing. The State utilized data collected from a recent Cost of Dispensing Survey Report in making this determination. Participating pharmacy providers will see their professional dispensing fees to non-Long-Term Care (LTC)/Nursing Home (NH) Pharmacies will be increased from $10.49 to $10.67 and the fee for LTC/NH Pharmacies will be increased from $11.49 to $11.67 effective on February 1, 2021.
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 benefiting 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.