NCPA Advocacy Update

Week ending April 23

Author: APCI Staff/Monday, April 26, 2021/Categories: Legislative Affairs

NCPA Members Push a Pro-patient, Pro-pharmacy Agenda
at Virtual Fly-In Meetings

The 2021 Congressional Pharmacy Fly-In, the first virtual one in NCPA history, is in the books with some impressive numbers. More than 300 community pharmacists from 47 states held virtual meetings with more than 250 congressional offices. Participants used the opportunity to tout community pharmacy’s contribution to the fight against the coronavirus and to push for much-needed full DIR reform. Also on the agenda: A push for prohibiting spread pricing in Medicaid managed care; addressing pharmacy access issues including PBM conflicts of interest and patient steering; and ensuring Medicare payment for enhanced pharmacist services such as testing and vaccines. You can view NCPA’s Legislative Checklist here, and if you were unable to participate in the virtual meetings, you can voice support for our agenda here.


NCPA Leadership Meets with White House
Vaccinations Coordinator

NCPA’s President, President-elect and Chairman, along with NCPA senior staff, met with Dr. Bechara Choucair, White House Vaccinations Coordinator, to discuss the important role of independent pharmacists in administering COVID-19 vaccines. NCPA stressed the role of independent pharmacy in taking vaccine to people where they reside, educating patients who may have vaccine hesitancy, and advocating for increased allocation to the Federal Retail Pharmacy Program. NCPA also shared that for one Federal Program participant for independents, 71.4% of doses administered have been at pharmacies in vulnerable zip codes and 68.5% of doses were administered to patients living in an above average vulnerability zip code. Continued access to the vaccine via independent pharmacies is imperative even after the Federal Program ends.


Provider Status Legislation Re-introduced in Congress

On Thursday, Reps. G.K. Butterfield (D-NC) and David McKinley (R-WV), along with 21 original cosponsors, reintroduced H.R. 2759, the Pharmacy and Medically Underserved Areas Enhancement Act. The legislation would allow Medicare to reimburse pharmacists who provide care to Medicare patients in underserved communities. Specifically, the Pharmacy and Medically Underserved Areas Enhancement Act would allow Medicare beneficiaries to receive basic care such as immunizations, diabetes management, blood pressure screenings and routine checks from pharmacists, since there is currently no avenue for Medicare to directly reimburse pharmacists for providing this care.


Delays in Carving Pharmacy Benefits Out of Medicaid
Managed Care is Costing CA and NY Taxpayers

Efforts in California and New York to carve pharmacy benefits out of the PBM-controlled Medicaid managed care program have been delayed. These delays come despite the fact that both states have found carving the pharmacy benefits out of managed care and into fee-for-service would save money for taxpayers. In California, two government agencies, the Department of Health Care Services and the Legislative Analyst’s Office, analyzed the impact of a carve-out, and the estimated savings range from $150 million to $405 million annually. In New York, the comptroller found the state overpaid the PBMs by $600 million over several years due to PBM formulary issues.


Biden Administration Rescinds Changes
to National Vaccine Injury Compensation Program

On April 22, 2021, HHS formally rescinded the changes to the National Vaccine Injury Compensation Program, which would have removed Shoulder Injury Related to Vaccine Administration (SIRVA) and syncope from the injury table. During the entirety of the rulemaking process, from the original notice of proposed rulemaking by the Trump Administration through the delays and additional comment opportunities from the incoming Biden Administration, NCPA advocated for the withdrawal of the changes on behalf of membership administering vaccines to patients. With the continued efforts to encourage vaccination for COVID-19, influenza, and other diseases, any policy changes which would limit the ability of pharmacists to participate in administering vaccines would have serious implications on public health. NCPA appreciates the Biden Administration moving quickly to rescind this rule.


NCPA Testifies in Support of Illinois, Maine
PBM Reform Legislation

NCPA testified virtually in support of Illinois SB 2008 and Maine LD 1450. Illinois SB 2008 contains comprehensive PBM reform to address patient steering, pharmacy audits, and below-cost reimbursements. Maine LD 1450 would prohibit PBMs from distributing misleading patient advertising materials.


NCPA State Legislative Activity Update

NCPA tracks state legislation related to our top three state priorities: Medicaid reformscope 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.

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