NCPA Officials to USA Today:
Community Pharmacies are Standing By
Independent pharmacy’s quest to get the COVID-19 vaccine into local pharmacies got a shot in the arm on Monday with a story in USA Today. Interviews with NCPA President Brian Caswell, NCPA President-Elect Michele Belcher, and NCPA CEO Douglas Hoey illustrated that using local community pharmacies, where patients have long-established relationships with trusted pharmacists, can help overcome vaccine hesitancy get the vaccine into areas with no access to big-box stores and retail pharmacy giants.
Survey Shows Patients Continue to Prefer
Their Local Pharmacy Over Mail Order
A large majority of American adults continue to prefer to get their prescription drugs from a local pharmacist instead of a mail order service, mainly because of the personal relationship, according to a national survey released by NCPA. According to the survey, 85 percent or respondents prefer to get their prescription drugs from a local pharmacist instead of a mail order service. When asked why: 36 percent say their pharmacist knows them better than a mail order company, 32 percent say their pharmacist answers questions and provides counsel on how to use the drugs and 15 percent worry their drugs will get lost in the mail, exposed to the elements, or stolen. Read NCPA’s press release here.
CMS Guidance on Coverage and Reimbursement
for COVID-19 Testing and Vaccines
Last Friday, the Centers for Medicare & Medicaid Services (CMS) issued guidance on coverage and reimbursement for COVID-19 diagnostic testing and vaccines (press release here). The guidance states that the Coronavirus Aid, Relief, and Economic Security (CARES) Act requires plans and issuers to reimburse any provider acting within the scope of their license or authorization for COVID-19 diagnostic testing an amount that equals the negotiated rate, or if the plan or issuer does not have a negotiated rate, the cash rate for the service. As a reminder, pharmacists are qualified persons under the Public Readiness and Emergency Preparedness (PREP) Act, authorized to provide COVID-19 testing; this authorization preempts any state and local rules preventing pharmacists from doing so.
The Truth Campaign Receives Significant Interest
from Legislators and Regulators
Several weeks ago, NCPA launched the Truth Campaign with a powerful video targeted to state and federal policymakers and senior citizens. So far, the video was viewed more than 14,000 times. Most of the interest came from legislators and regulators, who clicked on the video more than 12,000 times. The video, which will run for two more weeks, is part of the education phase of the campaign aimed at call attention to PBM abuses. Next week, the next phase of the campaign will launch with display ads aimed at getting seniors to contact their state and federal legislators and urge them to rein in the PBMs.
Supreme Court Sends North Dakota
PBM Regulations Lawsuit Back to 8th Circuit
The U.S. Supreme Court vacated a ruling by the U.S. Circuit Court of Appeals for the 8th Circuit in Wilke v. PCMA. The case struck down North Dakota PBM regulations due to ERISA preemption issues. The Supreme Court determined that the 8th Circuit’s ruling cannot stand in light of the recent unanimous ruling in Rutledge v. PCMA. Although not a reversal of the 8th Circuit’s decision, the Supreme Court’s order will require the circuit court to reevaluate North Dakota’s law under the Rutledge decision.
NCPA Joins Letter Supporting Extension of PPP
This week, NCPA joined more than 800 other organizations in sending a letterto Senate Majority Leader Charles Schumer (D-N.Y.), Senate Minority Leader Mitch McConnell (R-Ky.), Chairman and Ranking members of the Senate Small Business and Entrepreneurship Committee, Sens. Ben Cardin (D-Md.) and Rand Paul (R-Ky.) urging that the Paycheck Protection Program (PPP) be extended until December 31, 2021. The letter noted that extending the PPP deadline through the end of this year will ensure that the segment of small businesses facing the greatest obstacles do not get left behind.
NCPA Joins Coalition Letter Supporting
Main Street Tax Certainty Act
Last week, NCPA joined over 80 other organizations on a letter to Senate Finance Committee Chairman Ron Wyden (D-Ore.) and Ranking Member Mike Crapo (R-Idaho) and House Ways and Means Committee Chairman Richard Neal (D-Mass.) and Ranking Member Kevin Brady (R-Texas) supporting the Main Street Tax Certainty Act. This legislation would make permanent the 20% deduction for qualified business income and help ensure permanent tax parity for the millions of employers organized as S corporations, partnerships and sole proprietorships.
Senate Finance Committee Splits Evenly
on HHS Secretary Nominee Becerra
This week, the Senate Finance Committee split evenly along party lines on whether to advance the nomination of Xavier Becerra (D-Calif.) for Health and Human Services secretary. The 14-14 tally reflected the sharp partisan divisions around Becerra, now California's attorney general. Under the power sharing agreement in the Senate, Majority Leader Charles Schumer (D-N.Y.) can still bring Becerra’s nomination to the floor with a tie vote, which is likely to occur as early as next week.
House Advances COVID Relief Package
Late last week, the House of Representatives passed the COVID relief package to send the legislation over to the Senate. Consideration in the Senate began late this week as Senators first had to reach a deal on unemployment payments and narrowing the phaseout of stimulus checks and then wait for a score from the Congressional Budget Office. Senate Republicans led by Sen. Ron Johnson (R-Wisc.) are planning to slow consideration further by forcing the nearly 600 page bill to be read aloud on the floor before forcing votes on politically charged amendments. It appears that this will force the Senate to stay in session into the weekend in order to complete consideration of the bill and send it back to the House for final passage before sending it to the White House for President Biden’s signature.
Information Regarding Recent DEA Message
on Suspicious Orders Report System
On February 22 the Drug Enforcement Administration (DEA) Diversion Control Division sent a message to all DEA registrants regarding the Suspicious Orders Report System (SORS). SORS is the centralized database required by the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act. There are no new reporting requirements contained in the communication from DEA. Please note while all DEA registrants that distribute controlled substances are required to report suspicious orders to DEA, the SORS Online system should only be used by DEA registrants that distribute controlled substances to other DEA registrants. Additional information regarding suspicious orders as well as instructions on how to register for the SORS System can be found through the DEA website here, or contact DEA directly at SORS@usdoj.gov.
NCPA Offers Oral Comments to NAIC Committee
Considering PBM Model Bill
NCPA spoke before the National Association Insurance Commissioners (NAIC) Regulatory Framework Task Force to provide more context regarding the model PBM legislation being developed by the Task Force. NCPA’s comments supplement the written comments submitted in December, to which 65 pharmacy stakeholders also signed on. NCPA stressed the importance of including provisions in the model bill that will address PBM conflicts of interest that hamper patient access to community pharmacy services and raise costs for patients and payers.
Lawyers Seek Plaintiffs for Possible
National Vaccine Injury Table Lawsuit
Attorneys have started reaching out to members to gauge interest in joining a lawsuit against HHS and HRSA for violations of the Administrative Procedure Act in regard to finalizing revisions to the National Vaccine Injury Table. NCPA commented during the initial comment period as the changes have a negative effect on administration of vaccines by community pharmacists. With the effective date delayed until April 23, the deadline for filing the lawsuit is March 22 – 60 days after publication in the Federal Register. If you are considering whether to join the lawsuit, it does seek the relief that NCPA requested in the regulatory process. NCPA will continue to work with the Biden administration on this issue as it reviews and reevaluates.
NCPA Testifies in Support of Pharmacist Administered
Health Screenings in Maryland
This past Tuesday, NCPA’s manager of state government affairs, Ademola Are, provided oral testimony to Maryland’s Senate Committee of Education, Health, and Environmental Affairs in support of senate bill 706. This bill would authorize pharmacists to order and administer health screening tests to be analyzed in a high complexity clinical lab. NCPA emphasized independent community pharmacies’ convenient locations, especially underserved areas, which encourages patient engagement due to ease of access. Moreover “the pharmacists invaluable combination of clinical ability and accessibility is prime for engaging prevention measures as seen with the furnishing of COVID-19 testing and vaccines.” Similar efforts took place in support of house bill 810 to MD’s Assembly Committee of Health and Government Operations urging a favorable report.
NCPA Submits Letters of Support
for Nebraska PBM Reform Bills
NCPA submitted letters to the Nebraska Banking, Commerce, and Insurance Committee in support of LB 270 and LB 375. The bills would bring transparency to PBM reimbursement practices, protect patient choice, and require an audit of PBM practices in the Medicaid program.
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.