Turn Up the Heat in August’s Month of Action
Use the August in-district period to invite your member of Congress into your pharmacy. This is the month to begin a dialogue, start a conversation, forge an alliance, and deepen understanding. Please let us know of your interest in participating in inviting a member of Congress to your pharmacy by completing this interest form or by emailing Michael Rule. Read about our plans to Turn Up the Heat in August.
PBM ruling for North Dakota stands
The July 11 deadline passed for PCMA to file an appeal to the Supreme Court in the PCMA v. Wehbi case. NCPA and eight other pharmacy associations filed a friend of the court brief in the case supporting North Dakota. PCMA's lawsuit claimed that two federal laws, ERISA and Medicare Part D, prevented North Dakota from regulating PBMs. This case was the first at the federal appellate level to consider the scope of the U.S. Supreme Court's unanimous decision in Rutledge v. PCMA With PCMA’s failure to file the appeal, North Dakota can regulate PBMs as it sees fit, as PCMA has exhausted its legal options. The ruling in Wehbi is now the law of the land for states in the 8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota). You can find more information on what the decision means for state regulation of PBMs here.
Recent HHS Guidance Putting Pharmacists in Crossfire
Recent HHS guidance warns pharmacists who reportedly refuse to dispense certain medicines used to terminate pregnancy, but which are also used to treat other conditions, that they could be in violation of the federal civil rights laws. NCPA’s CEO Doug Hoey said “States must issue clear guidance, and that needs to be an urgent priority. Pharmacists are trying to take care of their patients and now they shouldn’t be in the crossfire.” Read NCPA’s press release here.
HHS extends Public Health Emergency Through October 13
HHS has extended the Public Health Emergency through October 13, 2022. The Biden administration cited “highly transmissible COVID-19 subvariants” as a factor in its decision, as well as the usefulness of the PHE to further its Test to Treat initiative. The extension of the PHE in turn extends various flexibilities afforded to pharmacists for the duration of the PHE, including: pharmacists in Medicare-enrolled, accredited DSMT programs not affiliated with hospitals or physician clinics can deliver services via telehealth; pharmacists do not need to be licensed in the state they are performing services as a condition of Medicare payment; and pharmacies may enroll as independent clinical diagnostic laboratories to bill for COVID-19 and related tests.
NCPA Attends Event with Sen. Wyden
NCPA President Michele Belcher and Senior Vice President of Government Affairs and Director of the Advocacy Center Karry La Violette attended a fundraiser supported by the NCPA PAC in Oregon for Sen. Ron Wyden (D-Ore.). During the event, they were able to thank the powerful Chairman of the Senate Finance Committee for his efforts supporting pharmacy DIR reform and efforts to reign in PBMs.
NCPA Joins Main Street Businesses in Opposing Tax Hikes
NCPA joined a letter by the S Corporation Association with more than 190 other trade associations opposing the Senate’s latest efforts to raise taxes on small and family-owned businesses as part of the Build Back Better legislation. Read the full letter here.
NCPA and DIR Coalition express concerns to CMS
with Medicare Part D/DIR Final Rule, Requesting a Meeting
NCPA joined APhA, NACDS, NASP and the grocers’ associations of FMI and NGA in submitting a letter to CMS Administrator Brooks-LaSure to share the pharmacy community’s remaining concerns with CMS on the Medicare Part D final rule addressing pharmacy DIR fees. The groups also requested a timely meeting to discuss the issues outlined in the letter and to collaborate and identify where regulatory action can occur to address these issues. We believe that the Final Rule is a meaningful first step to reform Medicare Part D price concessions, also known as “pharmacy direct and indirect remuneration” or “pharmacy DIR fees” at the point of sale, but further action is needed to address pharmacy’s outstanding concerns.
NCPA Joins Clinical and Veterinarian Pharmacy Groups
in Calling for FDA to Delay Animal Drugs Compounding GFI
NCPA joined the Alliance for Pharmacy Compounding, the American College of Veterinary Pharmacists, the American Pharmacists Association, and the Society of Veterinary Hospital Pharmacists in signing onto a letter asking FDA to postpone until Fiscal Year 2024 any enforcement of GFI #256, “Compounding Animal Drugs from Bulk Drug Substances – Guidance for Industry” (April 22, 2022). NCPA expressed multiple concerns with GFI #256, including administrative burden, lack of clarity regarding adverse event reporting, a resulting unavailability of drugs, and others.
NCPA attends NCOIL Summer Meeting
NCPA Vice President of Federal and State Government Affairs, Anne Cassity attended the 2022 Summer Meeting of the National Council of Insurance Legislators in Jersey City, New Jersey.
NCPA Presents at Texas Pharmacy Association Conference
NCPA State Government Affairs Director, Matt Magner presented at the Texas Pharmacy Association’s conference in Austin, TX. Matt joined a panel of healthcare policy experts to discuss recent developments in PBM reform at the federal and state level.
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.