FTC Fails to Initiate Formal PBM Study

This week, the FTC failed to initiate a formal 6(b) study of PBMs which could have included requiring PBMs to hand over information on contracts, reimbursements, “and other practices affecting drug prices, including those practices that may disadvantage independent pharmacies.” The commission split 2-2, with the two Democratic appointees voting in favor and the two Republican appointees voting against. The tie vote meant that the vote failed, but the measure could be revived in the future. NCPA CEO Douglas Hoey issued a blistering statement after the vote.

There is Still Time to Support CMS’ Effort
to Address Pharmacy DIR Fees

Over the past weeks, pharmacists have submitted more than 2,000 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 comment. 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.

NCPA Members Continue to Meet
with Members of Congress

NCPA members continue to meet with their legislators face-to-face. This week, Danny Cottrell hosted a pharmacy visit with Rep. Barry Moore (R-Ala.) at Buy-Rite Drugs in Ozark, Ala. This was an opportunity to educate the Congressman on pharmacy issues. Nate Rockers, owner of Rockers Pharmacy in Paola, Kan. recently hosted Rep. Jake LaTurner (R-Kan.) at his pharmacy. Both Cottrell and Rockers serve on NCPA’s National Legislation Committee. Additionally, Steve Hoffart, owner of Magnolia Pharmacy in Magnolia, Texas spoke with Rep. Dan Crenshaw (R-Texas) about community pharmacy and issues important to the industry at an event. Hoffart serves on NCPA’s Compounding Committee. Consider inviting your member of Congress to visit your pharmacy. Click here for more information or contact Michael Rule with any questions.

Califf Confirmed to Head FDA, Supported by Pharmacy Groups

This week, the Senate confirmed Dr. Robert Califf to return to the FDA as Commissioner. Prior to his confirmation, NCPA joined other pharmacy stakeholders in a letter of support. Califf’s return to the FDA comes at a time when the agency is facing increased scrutiny for the handling of the COVID-19 pandemic and looks to prepare for the next.

Details on the CMS Vaccination Mandate

A new CMS vaccine mandate resource is now available on the NCPA website. The white paper, authored by NCPA and Brown & Fortunato law firm, is titled ‘Update on CMS Vaccination IFR.’ The white paper provides detailed information on who is covered by the vaccine mandate, compliance deadlines, the CMS requirements, and records that need to be kept.

Michigan Passes PBM Reform Legislation

This week, the Michigan legislature passed HB 4348 which would provide the first PBM regulations in the state. Among other things, the legislation:

• Requires a PBM to be licensed in the state;
• Eliminates transaction fees and clawbacks;
• Eliminates spread pricing;
• Prohibits discriminatory treatment of non-affiliate pharmacies by PBMs; and
• Requires pharmacy audit protections

The bill is awaiting action by Gov. Gretchen Whitmer (D), but as Michigan currently has no PBM regulations in statute this would be a great step towards meaningful PBM reform in the state.

South Dakota PBM Reform Moves to Senate Floor

Last week, the Senate Health and Human Services Committee voted SB 163out of committee. This legislation would:

• Prohibit PBMs from reimbursing non-affiliate pharmacies less than affiliate pharmacies;
• Allow a pharmacist to decline to dispense if the reimbursement is below acquisition cost;
• Prohibit PBM imposed fees and retroactive claim adjustment or “clawbacks”;
• Provides for MAC appeals; and
• Prohibits discriminatory payments for 340B prescriptions.

The bill will now move to the full Senate for further consideration. NCPA’s written testimony can be found here.

Washington State Patient Choice Bill Passes House

Washington HB 1813 unanimously passed the House. Among other patient protections, the bill would address PBM conflicts of interest by prohibiting a PBM from requiring a patient to utilize a mail-order pharmacy and from reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies.

NCPA and NASPA Submit a Letter of Support
for Pharmacists’ Vaccine Authority in Missouri

This week, NCPA and NASPA submitted written testimony to the Missouri House of Representatives in support of House Bill 2452 which allows pharmacists to administer FDA-approved and ACIP recommended vaccines to individuals 7 years and older.

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.