NCPA Releases 2020 Advocacy Annual Report
NCPA recently released its 2020 Advocacy Annual Report, a comprehensive review of NCPA’s efforts on behalf of America’s independent community pharmacists. It was a busy year, one that started with a pandemic and ended with a landmark Supreme Court decision in Rutledge v. PCMA, with quite a few advocacy successes in between. Read about those successes here.
SBA Now Accepting Second Draw PPP Loans
This is a reminder that the application portal for second draw Paycheck Protection Program (PPP) loans is now open until the March 31, 2021 deadline. Please note that there are now three different application forms for PPP loan forgiveness – the standard Form 3508 for all borrowers, the Form 3508EZ for borrowers who did not reduce employee levels, wages, or hours, and the Form 3508S for borrowers who took out loans of $50,000 or less. In addition, the Small Business Administration (SBA) and the Department of the Treasury has released guidance that implements changes required by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Economic Aid Act), part of the larger Consolidated Appropriations Act of 2021, related to the forgiveness and review of PPP loans. Please be sure to consult with your legal counsel and/or tax advisors before applying for a second draw PPP loan or any federal program for which you might be eligible.
NCPA Joins Coalition Effort to Oppose Raise the Wage Act
NCPA joined 30 other small business organizations on a letter to Senate Health, Education, Labor and Pensions Committee Chairwoman Patty Murray (D-Wash.) and Ranking Member Richard Burr (R-N.C.) and House Education and Labor Committee Chairman Bobby Scott (D-Va.) and Ranking Member Virginia Foxx (R-N.C.) opposing the Raise the Wage Act. The letter notes that the bill would lead to job losses and further burden small businesses reeling from the COVID-19 pandemic.
HHS Secretary Designee Xavier Becerra
to Face Senate Committees Next Week
Next week, President Biden’s nominee to be Secretary of Health and Human Services (HHS), Xavier Beccera, will face two confirmation hearings. The Senate Finance Committee will hold a Feb. 24 hearing, and the Senate Health, Education, Labor, and Pensions (HELP) Committee will hold its own hearing on Feb. 23. However, only Finance will vote on whether to send his nomination to the Senate floor. The hearings, which have been delayed for weeks by Senate leaders’ impasse on a power-sharing agreement, are expected to be heated. Becerra, who serves as the Attorney General of California and is a former Congressman, will be Biden's first health nominee to receive confirmation hearings.
HHS Delays Rebate Rule Effective Date Until January 1, 2023
With the Court issuing an injunction in the litigation over the “rebate rule”, HHS has postponed the effective date for the removal of the safe harbor for prescription pharmaceuticals for plan sponsors and the creation of new safe harbors which pass rebates to Part D patients at the point of sale to January 1, 2023. PCMA, a trade organization which represents the PBMs, argued to the Court that permitting the rule to move forward as written would have an impact on contract negotiation and should be delayed while the Court considers the merits of the case. NCPA will continue to monitor the actions of HHS as well as rulings in the lawsuit which may impact the regulatory framework for the rebate rule.
NCPA Provides Comment on Potential Delay of HHS Revisions
to National Vaccine Table
On February 12, 2021, HHS posted an intent to delay the effective date of February 22, 2021 of revisions to the National Vaccine Table which were finalized in the last days of the Trump Administration. HHS sought to receive stakeholder input on a delay of the effective date until April 23, 2023. In addition to earlier submitted comments, NCPA provided comments in support of the additional time period to permit the agency to review the underlying policy and legal issues for the revisions – which removed SIRVA and syncope from covered injuries under the Victim Injury Compensation Program. These revisions might have a negative impact on community and long-term care facility pharmacists who administer vaccines for patients and a potential chilling effect on vaccine administration during the Public Health Emergency. NPCA will continue to communicate the consequences of this rule to HHS and negative effects of increasing liability for community pharmacy at this time.
Project Pause Sends Letter to Secretary-Designee Becerra
on Antipsychotic Medications
Project Pause, of which NCPA is a member, sent a letter to Secretary-Designee Becerra to improve oversight of antipsychotic medications in long term care facilities. Project Pause is seeking to educate the incoming Secretary on the issues, including improved metrics on antipsychotic drug use in long term care settings. Previously, the incoming Secretary had commented on the over-prescription of such drugs which causes concern for the Project Pause membership. . NCPA will continue to work with the other members of Project Pause to craft a workable regulatory framework for long term care pharmacies and facilities to meet patient needs.
NCPA, Others Ask Kansas Medicaid to Increase
COVID-19 Vaccine Reimbursement Rate
In a letter to Kansas Medicaid director Sarah Fertig, NCPA, the Kansas Pharmacists Association, the Kansas Association of Chain Drug Stores, and the National Association of Chain Drug Stores requested an increase in reimbursement rate for COVID-19 vaccines. The rate is currently $14.15. The community pharmacy coalition emphasized that an adequate reimbursement rate is not only necessary to cover pharmacy costs to administer the vaccines but also maximize access to all Kansans.
NCPA Submits Letter of Support for Indiana Legislation
NCPA submitted a letter of support for Indiana SB 143, which would authorize an audit of the state’s Medicaid prescription drug benefit. NCPA’s comments highlighted the need for a comprehensive audit to identify all the ways PBMs are pocketing tax dollars without benefiting Indiana beneficiaries or taxpayers.
NCPA Presents SCOTUS Overview to Iowa Pharmacists
Together with the Arkansas Pharmacists Association and the Iowa Pharmacy Association, NCPA staff offered an overview of the Rutledge v. PCMA Supreme Court case to members of the Iowa Pharmacy Association. NCPA’s presentation focused on the implications of the ruling for states and their efforts to enact PBM regulations.
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. The weekly update is intended exclusively for the recipient and is not for external distribution.