Judge Grants Stay in Federal Case Against Pharmacy DIR Fees Until Proposed Rule Finalized

NCPA and APhA pleased by court’s decision to allow rulemaking process to play out

NCPA January 14, 2022

ALEXANDRIA, Va. (Jan. 14, 2022) – The National Community Pharmacists Association and the American Pharmacists Association today issued the following statement in response to a decision by the U.S. District Court for the District of Columbia to grant a stay the case, NCPA v. Becerra, which challenges the legality of retroactive pharmacy price concessions, also known as pharmacy direct and indirect remuneration fees:

“We are pleased by the court’s decision to grant our request for a stay, or a pause in the litigation, until the recently proposed rule potentially addressing retroactive pharmacy DIR fees is finalized. We are currently analyzing the proposed rule to determine whether it addresses our longstanding concerns with retroactive pharmacy DIR fees, and we plan to submit comments reflecting our analysis. Since our litigation also seeks to end retroactive pharmacy DIR fees, we believe, and the court agreed, that a pause in the case is appropriate pending the outcome of the rulemaking process.”

NCPA and APhA are joined in the case by the Coalition of State Rheumatology Organizations, Fruth Pharmacy of West Virginia, Hi-School Pharmacy Services of Washington, Kare Drug of New Mexico, and Tyson Drug Co. of Mississippi.

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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 www.ncpa.org.

APhA is the only organization advancing the entire pharmacy profession. Our expert staff and strong volunteer leadership, including many experienced pharmacists, allow us to deliver vital leadership to help pharmacists, pharmaceutical scientists, student pharmacists, and pharmacy technicians find success and satisfaction in their work and advocate for changes that benefit them, their patients and their communities. For more information, please visit www.pharmacist.com.

NCPA