Sen. Ron Wyden Declares Rural Pharmacy Closures
a “Five Alarm Emergency”
In a recent NPR story, Sen. Ron Wyden (D-Ore.), Chairman of the Senate Finance Committee, declared rural pharmacy closures to be a “five alarm emergency.” While the story is based in Oregon, it’s been broadcast all over the country because it’s sadly universal. PBM machinations are forcing pharmacies to close, leaving many patients with nothing but mail order medications. NCPA CEO Doug Hoey also provided insights to the reporter for this story.
FDA Withdraws EUA for REGEN-COV
The only monoclonal antibody product that pharmacists were authorized to order and administer is no longer authorized for use at this time, due to its lack of effectiveness against the omicron variant and the dominance of the omicron variant across the country. REGEN-COV (casirivimab and imdevimab) which could be administered subcutaneously, as well as bamlanivimab and etesevimab (administered together IV), are affected by this announcement from Jan 24, 2021.
NCPA Cites Concerns over New Substitute
PBM Licensure/Regulation Bill in Michigan
Last week, a new substitute bill for HB 4348 was introduced. Unfortunately, this new language greatly weakens HB 4348, which was passed by the Michigan House of Representatives. NCPA sent a letter
citing our concerns with the new language and included recommendation to strengthen the language. The Michigan Senate Health Committee held a hearing on Thursday allowing testimony on the bill. PCMA and the Michigan health plans testified in support of many of the changes made to the bill while pharmacy advocates continued to cite concerns. Committee Chairman VanderWall (R)emphasized that this substitute bill was still a draft and pledged to continue to work on the legislation.
The original HB 4348, as introduced last year, would prohibit PBMs from reimbursing non-affiliate pharmacies less than affiliate pharmacies; prohibit patient steering to PBM-owned pharmacies; prohibit retroactive claw backs; require reimbursements for commercial plan claims be based on the National Average Drug Acquisition Cost, and establish fair audit procedures for community pharmacies. Unfortunately, the new substitute either removes many of the provisions or greatly weakens them. We appreciate all the Michigan advocacy groups working so hard on this bill, and NCPA will continue to join them in the fight.
Provider Relief Funds Available February 1
HHS, through the Health Resources and Services Administration, is making more than $2 billion in Provider Relief Fund Phase 4 general distribution payments to more than 7,600 providers across the country this week. With this announcement, nearly $11 billion in PRF Phase 4 payments has now been distributed to more than 74,000 providers. Pharmacists may reapply for reconsideration for Phase 4 funds if their application was originally denied. The reconsideration window for ARP Rural and Phase 4 payments opens Feb. 1. On this page, pharmacists can request reconsideration of their ARP Rural and/or Phase 4 payments. To learn more about how to qualify for reconsideration of ARP Rural and Phase 4 payments on the Provider Relief Fund website. For additional support, call the Provider Support Line (run by Optum) 866-569-3522 for TTY dial 711. Hours of operation are 9 a.m. to 11 p.m. ET.
FDA Adds 4 Substances to 503B Bulks List
Recently, the FDA added four drug components to the 503B Bulks List, permitting use by outsourcing facility compounders. The bulk drug substances include: diphenylcyclopropenone (DPCP) for topical use, glycolic acid for topical use in concentrations up to 70 percent, squaric acid dibutyl ester (SADBE) for topical use, and trichloroacetic acid (TCA) for topical use. These bulk drug substances are not components of any currently FDA-approved drugs. The FDA also considered the addition of eight other substances, but has chosen not to add them to the list at this time. NCPA will continue to work with the agency to ensure compounders have access to all necessary drug substances to mean the clinical needs of their patients.
NCPA Supports Washington Patient Choice Bill
NCPA submitted a letter of support for HB 1813, which would protect a patient’s authority to utilize the pharmacy provider of their choice. The bill had a public hearing in the House Committee on Health Care & Wellness on Monday and is currently scheduled for another hearing next week.
NCPA Supports PBM Licensure Bill in Nebraska
NCPA submitted a letter of support for LB 767, which would give the state regulatory oversight over PBMs. The Banking, Insurance and Commerce advanced the bill to General File on Monday.
NCPA Provides Testimony in Support of Point-of-Care Testing
in Massachusetts
NCPA submitted a letter of support for S 2567, that would establish a statewide protocol for pharmacists to test or screen and initiate treatment for qualified health conditions. It would allow pharmacies to obtain Clinical Laboratory Improvement Amendment (CLIA) waivers to expand on the types to health screening tests. Approval of the legislation allows pharmacists to administer, process, read and report the results, treat conditions to include but not limited to influenza, COVID-19, and HIV. HIV would include PEP and PrEP therapies.
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.