FTC Votes Unanimously to Scrutinize PBM Business Practices
This week the Federal Trade Commission (FTC) unanimously voted to launch a study that will scrutinize PBMs business practices. The move comes after more than 24,000 public comments were submitted in response to the FTC’s request and means that PBMs will be asked to provide information and records regarding their business practices. The inquiry will examine the impact of PBM practices on competing pharmacies, payors, doctors and patients. As part of this inquiry, the FTC will send compulsory orders to CVS Caremark; Express Scripts, Inc.; OptumRx, Inc.; Humana Inc.; Prime Therapeutics LLC; and MedImpact Healthcare Systems, Inc. Read NCPA’s news release here and the NCPA one-pager about this study here.
NCPA Issues Call to Action on New FTC Bill
This week, NCPA issued a call to action urging members to contact their Senators to urge support for S. 4293, the Pharmacy Benefit Manager Transparency Act of 2022. This bill, sponsored by Sens. Maria Cantwell (D-Wash.) and Charles Grassley (R-Iowa), would ban deceptive unfair pricing schemes, including spread pricing, prohibit arbitrary claw backs of payments made to pharmacies, hold PBMs accountable for unfair and deceptive practices that drive up the costs of prescription drugs at the expense of consumers, and incentivize fair and transparent PBM practices. It would also empower the FTC and state attorneys general to penalize and/or initiate legal action against PBMs, for these prohibited practices, in the commercial market. Click here to support this bill.
NCPA Webinar Will Provide a Guide to Grassroots Action
In advance of NCPA’s Month of Action in August, on June 28 at 8:00 pm ET, NCPA will be hosting a webinar sponsored by RxSafe, Pharmacists Mutual Insurance Company and Value Drug Company to help members become more effective grassroots advocates. NCPA is holding the Month of Action in lieu of a fly-in due to several factors that made a traditional fly-in unfeasible this year and is encouraging all NCPA members to invite their members of Congress to their pharmacy and engage with them in August. You can register for the webinar here. Please let NCPA know of and your interest in hosting a pharmacy during the Month of Action by completing this form.
NCPA Joins Others in Requesting Extension
of PREP Act Flexibilities
This week, NCPA joined the National Association of Chain Drug Stores and 92 other patient, public health, and state and national pharmacy groups in a letter asking the Biden administration for formal clarification from HHS on potential expiration of pharmacy personnel flexibilities granted during the pandemic. The letter asks that PREP Act authorities remain in place through Oct. 1, 2024. Read the letter here.
NCPA Summary on FDA Drug Importation Guidance
FDA released a guidance document on requirements for pharmacists and wholesale distributors for the importation of some prescription drugs from Canada. This guidance provides further clarification to FDA’s October 2020 final rule, “Importation of Prescription Drugs,” which became effective Nov. 30, 2020. The guidance document includes eligible and ineligible prescription drugs for importation; importation, testing, and labelling requirements; and post-importation, recall and return requirements. NCPA’s member summary is here.
Pharmacy DIR Lawsuit Does its Job
While not perfect, the new pharmacy DIR rule goes a long way in addressing transparency and questions presented in our lawsuit about redefining “negotiated prices,” which was a key ask in the lawsuit. After lengthy discussions with our co-plaintiffs, NCPA decided it was appropriate to voluntarily dismiss the lawsuit. The lawsuit was part of a multi-pronged approach to solving retroactive pharmacy DIR and the lawsuit did its job by putting pressure on CMS to finalize the rule. To view NCPA’s Press Release on this dismissal, click here. As we continue to analyze the new rule and reactions to it in the marketplace, we will assess what advocacy and legal efforts are necessary to protect the vitality of independent pharmacy.
NCPA Scores Major Win With FDA to Include Glutathione
to the 503A Bulks List
On June 8, FDA’s Pharmacy Compounding Advisory Committee (PCAC), in a vote of 8-5-1, approved glutathione for inclusion on the 503A Bulks List. NCPA member A.J. Day, PharmD, Vice President of Clinical Services at PCCA, presented on behalf of PCCA and NCPA, and NCPA submitted a statement in support of A.J. Day’s testimony. NCPA strongly supported the inclusion of glutathione on the 503A Bulks List, and originally nominated it for inclusion in 2014. To see a full recording of PCAC’s meeting, including A.J. Day’s presentation, click here.
CMS Releases Strategic Framework and Year in Review,
Highlighting Key NCPA Wins
CMS issued its year in review (June 2021 to May 2022) and 2022 strategic framework.
The year in review highlighted key NCPA wins – 1) CMS’ boosting of payment rates for vaccine administration, and 2) CMS’ Medicare Part D rule that ended PBMs’ retroactive application of direct and indirect remuneration (DIR) fees in Medicare Part D, requiring that they be reflected in the negotiated price the patient pays at the pharmacy counter.
The strategic framework included drug affordability as one goal; leveraging tools to reward innovation and ensure access to drugs that improve health outcomes; and improving affordability by increasing the use of generics, biosimilars, and interchangeable biologics, as well as reducing ineffective spending in Medicare and Medicaid by encouraging provider and plan accountability for outcomes and equity. The framework also included goals to expand rural health care and to prepare the healthcare system for post-COVID-19.
Oklahoma’s Governor signs into law
Pharmacists Provider Status
NCPA celebrates with the Oklahoma Pharmacists Association as the Governor signed into law a bill that recognizes pharmacists as providers and mandates payment parity for healthcare services through the state Medicaid program. HB 2322 includes pharmacists in the definition of “essential community providers” and authorizes that the pharmacists & pharmacies shall receive direct payment or reimbursement for services rendered at no less a rate of other providers for the same service.
NCPA Member Chris Schiller Running for Congress
NCPA member Chris Schiller is running to represent Oklahoma's Second Congressional District where Representative Markwayne Mullin (R) is vacating his seat to run for the Senate. Schiller, owner of Economy Pharmacy in Eastern Oklahoma is the immediate past president of the Oklahoma Pharmacists Association. The Oklahoma primary is this month on June 28th, and it takes a lot of money to run a congressional campaign. Every dollar makes a significant difference in helping Schiller win this seat. If you would like the join Chris’s Pharmacy Steering Committee please contribute to Schiller’s campaign here. And spread the word to your friends and colleagues about his campaign! You can learn more about Schiller through his latest television ad or on his website, Facebook, and Twitter pages.
NCPA Supports Consultant Pharmacists, Project PAUSE
in SNF Proposed Rule Comment Letter
NCPA submitted comments to CMS on the proposed rule for skilled nursing facilities (SNFs) emphasizing the value of consultant pharmacists in the SNF setting. We also supported the reporting of influenza vaccination of staff so long that it is not overly burdensome. Lastly, we supported the efforts of Project PAUSE, a coalition of interested stakeholders led by the American Society of Consultant Pharmacists (ASCP) and the Alliance for Aging Research that seeks to update a metric for the prescribing of psychoactive drugs for patients. Click here for our letter.
NCPA Presents at Georgia Pharmacy Association Convention
This week, NCPA’s Vice President of Federal and State Government Affairs, Anne Cassity, joined a panel at the 2022 Georgia Pharmacy Association Convention. Cassity provided an update on NCPA’s PBM advocacy efforts, pharmacy DIR fee reform, and a legal update. NCPA appreciates these opportunities to engage with community pharmacists and our pharmacy allies.
Recent Advocacy Highlights
NCPA created a new video of recent advocacy highlights. These include remarks from Members of Congress at various recent hearings and from NCPA members and other images spotlighting meetings and activity. NCPA will continue to vigorously advocate on behalf of community pharmacies.
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.