APCI Journal - Oct. 2023

Speaker ouster delays PBM bills, PW changes, and more!

Author: APCI Staff/Wednesday, October 25, 2023/Categories: APCI News

In This Issue:


Speaker Ouster Puts PBM Bills on Hold

PBM legislation in the U.S. House of Representatives is on hold while the chamber seeks to find a new Speaker of the House.

“The good news is that PBM reform is one of the only areas where there’s any kind of bipartisan spirit right now. Once they get the speaker situation resolved, I think there will be a will among House members to show that they can get something meaningful passed.”

At the time of this writing, Republicans in the House had still not selected a new Speaker after removing Rep. Kevin McCarthy (R-CA) from the post on Oct. 3 after he served fewer than 10 months in the position. The lack of a speaker has created a major disruption in the day-to-day operation of the House, and no legislative business has been conducted while representatives work to elect a new speaker. Rep. Patrick McHenry (R-NC) was selected as speaker pro tempore following McCarthy’s ouster, but questions remain as to what exactly McHenry’s powers include beyond holding elections for a new speaker.

“We don't know if House Republicans will try to give the interim speaker pro tem some additional powers and what those will look like,” said Greg Reybold, APCI’s Director of Healthcare Policy. “There’s a lot on the House’s plate right now.”

The delay does not mean that the desire in Congress to pass meaningful PBM reform legislation is dead, Reybold added.

“The good news is that PBM reform is one of the only areas where there’s any kind of bipartisan spirit right now,” he added. “Once they get the speaker situation resolved, I think there will be a will among House members to show that they can get something meaningful passed.”

Reybold added that support for PBM legislation is very much alive in the U.S. Senate as well.

“On the Senate side, I think the various PBM bills are still very much a leadership priority, but it’s tough to know what’s going to happen,” he said.

Even if Congress does not pass anything before the end of the year, Reybold said he remains optimistic about the chances of federal PBM legislation passing early in 2024.

“We will still have the same Congress and the bills we have now will still be in play after the first of the year,” he said. “Even if Congress passes something this calendar year, I think they will want to build on that next year. The issue of PBM abuses isn’t going anywhere, and I think it remains front and center.”

APCI’s Legislative Affairs department will continue to inform members on developments in PBM reform at both the federal and state levels.

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Changes coming to PrescribeWellness

APCI is ending its PrescribeWellness (PW) contract with Outcomes, effective Nov. 30.

APCI provided Choice members with PW’s Patient Engagement Center and PrescribeMedicare services free of charge for several years. However, the business case for continuing to offer these services is unsustainable because of the low overall utilization of the products throughout the Choice network.

The most immediate effect for Choice members utilizing Prescribe Wellness will be to the PrescribeMedicare plan comparison tool. Members will continue to be able to use PrescribeMedicare free of charge through Nov. 30, which covers the significant majority of the Medicare Open Enrollment period that ends Dec. 7.

Outcomes (formerly Transaction Data Services, the owner of the PrescribeWellness platform) began sending communications to participating pharmacies beginning Oct. 13, and will continue to reach out to PrescribeWellness users regarding their options for PW services after Nov. 30.

APCI encourages all members currently utilizing PW services to consider their utilization of the various products and decide if a direct contract with Outcomes makes the best business sense for their pharmacy.

For questions or more information on pricing and contract options, contact David MacLeod at davidm@apcinet.com.

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Front End Guide, The LOOP Get Updates

Updated versions of both APCI’s Front End Development and Resource Guide and The Loop are now available on the APCI website.

The APCI Front End Development and Resource guide contains the information you need to boost your store's front end business. The guide contains planograms, product listings with Econo numbers, and much more.

Resource guides are currently available for the McCalla and Duluth McKesson Distribution Centers.

The Loop is APCI’s one-stop-shop for current news from APCI vendors and updates about programs and services. From how-to’s, member testimonials, to interesting product developments, the LOOP is your go-to place to find information.

Both publications are available as either a downloadable PDF file or an interactive Flipbook.

APCI website login is required to view both publications. Click here to view the Resource Guide, and here to view The Loop.

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NCPA Launches Company to Investigate DIR Fees

NCPA has launched a new company to investigate DIR fees, the group announced at its convention in Orlando, Fla.

Trust LLC is a limited liability company that will investigate the use of direct and indirect remuneration (DIR) fees on behalf of community pharmacies. Should it be necessary, Trust will also litigate or arbitrate for the pharmacies, according to an announcement from NCPA.

NCPA makes the argument that PBM-imposed DIR fees are an antitrust violation and describes the fees as "the unconscionable behavior of the largest pharmacy benefit managers."

“PBMs shouldn't be able to make assessing junk DIR fees against competing pharmacies a multi-billion dollar cottage industry that puts their competition out of business and compromises patient care,” said NCPA CEO B. Douglas Hoey in the release. “It’s completely anti-competitive, and we’re fighting back."

The creation of Trust comes on the heels of a lawsuit over DIR fees filed against CVS Caremark by an Iowa pharmacy.

Trust has retained Berger Montague, Cohen & Gresser LLP and Baker Donelson as law firms to lead any litigation. Berger Montague and Cohen & Gresser are the leading attorneys on the class-action suit against Caremark.

"NCPA’s efforts allow independent pharmacies to assign their claims to TRUST LLC to fight the PBMs together,” he added. “It’s still not an even playing field, but we have a much better chance of getting justice if we join forces.”

For more information on Trust, visit www.fightpbms.com.

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APCI Chain Closure Marketing Kits

As major chain pharmacies announce location closures across the U.S., APCI can help you let your community know how easy it to transfer prescriptions to your pharmacy from a chain!

APCI offers a wide range of chain pharmacy closing marketing kits that include outdoor banners, yard signs, and A-frame signs and inserts. Current kits include materials for location closings of Rite Aid, Winn Dixie, and CVS pharmacies. Custom items are also available.

For more information, visit the Member Marketing Materials page on the APCI website (site login required) or contact marketing@apcinet.com.

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Hyland Gummies

For patients looking for organic lifestyle supplements, consider recommending Hyland gummies! Hyland products are made in the United States with organic ingredients that are free from common allergens including milk proteins, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybeans. Additionally, all Hyland gummies are gluten-free, made without parabens when possible, contain no artificial colors or dyes, and are 100 percent vegan.

Bottles of Hyland's Gummies supplements

Organic Apple Cider Vinegar

Get the superpowered antioxidant goodness of a 500mg ACV shot packed in delicious apple-flavored, organic Apple Cider Vinegar gummies — with no lip puckering! Hyland’s Organic Apply Cider Vinegar gummy is a new ally in your everyday wellness to support digestive health.

Stress Busters Gummies

Hyland’s Stress Busters promise “zen in a jar.” A soothing non-drowsy blend of L-Theanine, Lemon Balm, and Chamomile in a tasty, raspberry-flavored stress relief gummy helps you relax and focus when your day needs some calm.

When you need to find your center amidst everyday stress, reach for one of these inner peace-inducing gummies, so you can unwind and feel good, without feeling drowsy.

Organic Elderberry Plus Gummies

An immune powerhouse rich in antioxidants in tasty, Hyland’s Organic Elderberry Plus Gummies are packed with 150 mg of organic Black Elderberry, Vitamin C and Zinc to boost your immune system defenses daily.

Hyland Gummies are featured in the November sales circular.

Econo Description Cost Sale Price
2600351 HYLANDS NATURALS ACV GUMMY 60CT $10.01 $12.99
2600377 HYLANDS NATURALS STRESS BUSTERS GUMMY 60CT $10.01 $12.99
2600369 HYLANDS NATURALS IMMUNITY ELDERBERRY GUMMY 60CT $10.01 $12.99
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American Pharmacy Cooperative Journal is published
by American Pharmacy Cooperative, Inc.,
through APCI’s Marketing & Advertising Department

Editor: Richard Kirby, Sr. Communications Manager,  richardk@apcinet.com

(800) 532-2724 · Fax: (205) 277-1088
help@apcinet.com · sales@apcinet.com
www.apcinet.com

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