Administrative Judge Deals Further Blow to Washington State’s Below-Cost Medicaid Pharmacy Reimbursement That Threatens Patient Access

Pharmacy groups urge federal Centers for Medicare & Medicaid Services to take final action to reject plan, in accordance with Administrative Law Judge’s decision

NCPA November 23, 2020

Olympia, WA – The National Association of Chain Drug Stores (NACDS), the Washington State Pharmacy Association (WSPA) and the National Community Pharmacists Association (NCPA) today urged the federal Centers for Medicare & Medicaid Services (CMS) to bring to an end Washington State’s flawed pharmacy reimbursement plan.

The pharmacy groups welcomed an Administrative Law Judge’s decision that confirmed that Washington State’s plan violates Medicaid rules. The finding upholds CMS’ March 2019 decision to this effect, which was challenged by Washington State. The finding brings one step further to closure a lawsuit filed in March 2017 by NACDS, WSPA and NCPA against Washington State.

NACDS, WSPA and NCPA stated jointly:

“On behalf of Washington State Medicaid patients and the pharmacies and pharmacists serving them, we want to express appreciation for the decision of Benjamin Cohen, who reviewed the matter on administrative appeal. We urge CMS to continue to enforce compliance with the federal regulations and adopt the Administrative Law Judge’s recommendation to uphold denial of Washington State’s below-cost Medicaid pharmacy reimbursement plan that jeopardizes patient access and pharmacy viability alike. The events of the past four years related to Washington State’s Medicaid pharmacy reimbursement have demonstrated clearly that compliance with Medicaid reimbursement rules is mandatory.”

As background, in 2016, CMS put in place a new rule changing how states must reimburse pharmacies. A key part of the rule indicates that states must reimburse pharmacies for their actual costs in dispensing drugs to Medicaid beneficiaries. Since that time, NACDS, WSPA and NCPA forced the issue that Washington State failed to comply with that rule, maintaining its below-cost dispensing fees. The pharmacy groups emphasized throughout the challenge that the Washington State refused to adopt cost-based dispensing fees, and maintained below-cost dispensing fees—lower than any state in the country—which may impede patient access to care.

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NACDS represents traditional drug stores, supermarkets and mass merchants with pharmacies. Chains operate over 40,000 pharmacies, and NACDS’ nearly 100 chain member companies include regional chains, with a minimum of four stores, and national companies. Chains employ nearly 3 million individuals, including 152,000 pharmacists. They fill over 3 billion prescriptions yearly, and help patients use medicines correctly and safely, while offering innovative services that improve patient health and healthcare affordability. NACDS members also include more than 900 supplier partners and over 70 international members representing 20 countries. Please visit NACDS.org.

The Washington State Pharmacy Association (WSPA) represents pharmacists, technicians, and interns practicing within community pharmacies, clinics, nursing homes and hospitals. WSPA members provide care to Medicaid patients throughout Washington's urban, rural and underserved communities. Please visit www.wsparx.org.

Founded in 1898, the National Community Pharmacists Association is the voice for independent pharmacy, representing 22,000 pharmacies that employ more than 250,000 individuals nationwide. Independent pharmacists are rooted in the communities where they are located. Pharmacists are America’s most accessible health care providers. To learn more, go to www.ncpa.org.

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