In Person NCPA Congressional Pharmacy Fly-in Cancelled
but Stay Tuned for Alternate Plan

After considering a number of factors including the U.S. Capitol building’s COVID-19 and security policies as well as upcoming congressional elections and retirements, we have decided that taking a different approach to the 2022 Congressional Pharmacy Fly-In is best for NCPA members and their representatives in Congress. Accordingly, please note that we will not be holding the fly-in in person in April, as originally planned. We are developing a strategy that will focus on coordinated pharmacy visits, among other tactics, so pharmacists can invite members of Congress and their staff to see the daily workings of an independent community pharmacy and discuss issues of importance. This may take place later in the year. If you would be interested in hosting a pharmacy visit as part of this effort, please let us know. More details will follow as our planning continues.

FTC to Vote on Initiating Formal Study of PBM
Anti-Competitive Contract Provisions

Next week, the FTC will vote on whether to initiate a formal study of PBM anti-competitive contract provisions which could include potentially requiring PBMs to hand over information on contracts, reimbursements, and other practices affecting drug prices, including those practices that may disadvantage independent pharmacies. The public is invited to sign up for an opportunity to address the Commission virtually for 2 minutes at the February 17 event, or individuals may submit written comments or a link to a prerecorded video through a webform. NCPA has previously called on the FTC to investigate PBMs. Click here to view NCPA’s news release on the FTC’s announcement.

Submit Your Comments on CMS’ Part D Rule
and Demand a Workable DIR Solution

In the past week, pharmacists have submitted more than 1,600 comments on CMS’ proposed part D rule using NCPA’s comment template. If you have not yet done so, take a moment to submit your own comments. Template comments should be personalized and submitted through NCPA’s grassroots portal.

The template can be effectively personalized by:

• Adding background on pharmacy including personal anecdotes about how long your pharmacy has been serving Part D patients and what percentage of reimbursement Part D represents
• Discussing the harm that will come to their patients, pharmacy, and employees if pharmacy DIR fees are not addressed (examples: have reduced pharmacy hours, stopped providing free home delivery of medications to seniors, closed your pharmacy)
• Providing examples of how pharmacy DIR fees have increased and how they have impacted their business (examples: reduce staff, reduce charitable/community donations)

Additionally, NCPA has created a patient template available through the Fight4Rx platform. Please share this link with your patients and encourage them to take a few moments to submit comments as well.

Big Win as Eighth Circuit Denies PCMA’s Petition
for a Rehearing in PCMA v. Wehbi

This week, the 8th Circuit Court of Appeals issued an order denying PCMA’s petition for a panel rehearing and rehearing en banc (hearing before all judges) in PCMA v. Wehbi. PCMA filed the petition in response to the 8th Circuit upholding two North Dakota laws that permit the state to regulate PBMs last November. The 8th Circuit had previously held that the state laws were preempted by ERISA and Medicare Part D but reconsidered its decision after the Supreme Court ruled in Rutledge v. PCMA that state regulation of PBMs is not preempted by ERISA. The ruling permits the state laws to go into effect (with a few Medicare Part D exceptions) and will enable the state to push back on the abusive practices of PBMs. You can find more information on what the decision means for state regulation of PBMs here.

NCPA Releases 2021 Advocacy Report

NCPA released its 2021 Advocacy Annual Report, a comprehensive review of NCPA’s efforts on behalf of America’s independent community pharmacists. It was a busy year, with successes on Capitol Hill, in the Courts, in the states, and through regulatory rulemaking along with several effective, high profile education campaigns. Read about them all here, but these successes would not have been possible without your generous support of NCPA’s Political Action Committee and Legislative/Legal Defense Fund.

Rep. Neal Dunn Visits Coopers Drugs in Panama City

This week, Rep. Neal Dunn (R-Fla.), a member of the House Energy and Commerce Committee visited Coopers Drugs in Panama City, which had been destroyed by a hurricane. Dunn has been a champion of community pharmacy during his time in Congress, and the visit was an opportunity to thank Dunn for his support. Danny Cottrell, a member of NCPA’s Federal Legislation Committee, was also in attendance.

President Biden Talks Drug Pricing in Virginia

This week, President Joe Biden (D) renewed his call for action to reduce prescription drug prices, during a Virginia event with Rep. Abigail Spanberger (D-Va.) and Department of Health and Human Services (HHS) Secretary Xavier Becerra. The President urged Congress to pass the Build Back Better Act, including provisions to hold companies accountable for prescription drug price increases, allow Medicare to negotiate prices for each individual drug, and cap the amount seniors on Medicare have to spend on prescription drugs each year.

NCPA Supports Virginia Patient Steering Bill

This week, NCPA submitted a letter in support of HB 560, which would prohibit a PBM from engaging in patient steering. The committee voted to continue the bill to 2023.

NCPA Provides Comments on Michigan PBM Bill

This week, NCPA provided virtual comments on a substitute version of Michigan HB 4348, a PBM reform bill. NCPA focused its comments on provisions that must be strengthened in order for patients and pharmacies to benefit from the intended protections. The bill was favorably reported out of committee.

Mississippi House Votes in Favor for Fair and Transparent
Pharmacy Reimbursements

This week, the Mississippi House of Representatives passed Mississippi HB 733 which now heads to the state Senate. This legislation requires pharmacies to be reimbursed at a rate no less than the National Average Drug Acquisition Cost (NADAC) plus $11.29 (state Medicaid professional dispensing fee) for commercial claims. This provision is similar to a provision passed last year in West Virginia and legislation currently being considered in Iowa and New Hampshire. Additionally, this legislation would require PSAOs to be licensed in the state of Mississippi.

NCPA Speaks in Support of HIV PrEP/PEP Authorization
for Pharmacists

NCPA submitted written testimony and testified before the Maryland Senate Environmental, Health and Education Committee in favor of Senate Bill 355. The bill would authorize pharmacists to prescribe and dispense up to a 30-day supply of “preexposure prophylaxis” (PrEP) or a complete course of “postexposure prophylaxis” (PEP) to patients outside of a therapy management contract. The legislation also includes a training program adopted by the Maryland Board of Pharmacy that would address counseling unique populations, recommend appropriate vaccinations and refer patients to necessary resources and providers.

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.