Congress Releases Build Back Better Legislative Framework

This week, after weeks of back and forth, the Administration and Congressional leadership released a framework for the Build Back Better Act. This is the first draft of which is likely to be modified several times before it is ultimately adopted. The $1.75 trillion spending bill represents a compromise after Sens. Krysten Sinema (D-AZ) and Joe Manchin (D-WV) refused to support a proposed $3.5 trillion bill. NCPA is currently analyzing the 1,600-page proposal. A copy of the current draft of H.R. 5376, the Build Back Better Act can be found here.

Wyden Urges CMS to Act on Pharmacy DIR Fees

Last week, Sen. Ron Wyden (D-Ore.), Chairman of the Finance Committee, issued a press release about a letter he sent to CMS Administrator Chiquita Brooks-LaSure requesting a federal review of pharmacy closures and administrative action to fix DIR fees. Specifically, Chairman Wyden asked the agency to review pharmacy closures nationwide over the last five years with a focus on how DIR fees imposed by Medicare Part D plans and middlemen known as pharmacy benefit managers are driving those closures, especially in rural communities. Wyden noted in his letter an announcement from Bi-Mart closing 37 pharmacies in Oregon. He also urged CMS “immediately use its authority to stringently regulate pharmacy DIR practices and require all pharmacy price concessions to be included in the negotiated price at the point of sale.”

NCPA Joins Letter Urging White House to Withdraw
IRS Reporting Proposal

This week, NCPA joined nearly 100 other organizations on a letter to President Biden urging him to withdraw a tax information reporting proposal under consideration. While the organizations voiced support for the goal of ensuring that all taxpayers meet their tax obligations, they voiced concern that the current proposal was overly broad.

Make Sure to Join Us: Life After Rutledge Webinar

Make sure you’re registered for a free webinar, Tuesday November 16th, with Attorney Rob Smith, partner at Katten, Muchen, Rosenman, LLP who most recently argued on behalf of the state of North Dakota before the Eighth Circuit in defense of two North Dakota laws regulating PBMs (in PCMA v. Wehbi), and Matt Walker, Executive Director of the West Virginia Independent Pharmacy Association. Smith and Walker, in a follow-up to their presentation at the 2021 NCPA Annual Convention, will help to explain how last year’s unanimous 8-0 decision in Rutledge changed the legal landscape and how pharmacists can work to push for new PBM regulations at the state level.

During the webinar, you’ll have the opportunity to contribute to NCPA’s Legislative/Legal Defense Fund, which funds expenses related NCPAs multiple ongoing federal lawsuits. Your donation to the LDF through this webinar is critical as our webinar sponsor, RxSafe, will MATCH your individual contributions to the LDF dollar for dollar. You can register for the webinar here. Learn more about NCPA’s Legislative/Legal Defense Fund here.

FDA Approves EUA for Pfizer Vaccine in Children ages 5 to 11

The Food and Drug Administration (FDA) has amended the emergency use authorization (EUA) for the Pfizer-BioNTech COVID-19 vaccine to allow for use in children 5 to 11 years of age (see FDA news release here). This authorization applies only to the Pfizer-BioNTech COVID-19 vaccine. With this EUA nearly the entire U.S. population is eligible for a COVID-19 vaccine, with only children ages 4 and younger ineligible.

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.