Back Door Closed: CMS Rule to Address Retroactive Clawbacks

NCPA lauds proposed elimination of retroactive fees

NCPA January 6, 2022

ALEXANDRIA, Va. (Jan. 6, 2022) – The National Community Pharmacists Association issued the following statement today on behalf of CEO B. Douglas Hoey, pharmacist, MBA, in response to a proposed Centers for Medicare & Medicaid Services rule posted this afternoon that would finally bring under control so-called pharmacy direct and indirect remuneration fees:

“This is an encouraging development. We are grateful to HHS Secretary Becerra and CMS Administrator Brooks-LaSure for this proposal. After many years and multiple administrations, this is as close as we’ve ever come to reforming pharmacy DIR fees. We look forward to working with all our partners, members, and champions in Congress to ensure the best possible rule is finalized for plan year 2023.

“Local pharmacies are such an important part of the national health care infrastructure. Since the start of the COVID-19 pandemic, pharmacists have delivered 200 million doses of vaccine. Independent pharmacies are especially important because of their reach into some of the most vulnerable and hard-to-reach populations. Pharmacy DIR fees are forcing many pharmacies to reduce services, and others to close their doors — at a time when pharmacist services have proven they are essential to the health of the country.”


Founded in 1898, the National Community Pharmacists Association is the voice for the community pharmacist, representing nearly 19,400 pharmacies that employ approximately 215,000 individuals nationwide. Community pharmacies are rooted in the communities where they are located and are among America’s most accessible health care providers. To learn more, visit