On the front lines around the states

NCPA March 18, 2024

California pharmacy visitRep. Scott Peters (D-Calif.) recently visited Mollison Pharmacy in El Cajon, Calif., and got a firsthand look at the critical role community pharmacies play in the health care system, the challenges they face, and the urgent need to pass PBM reform now. Owner Bassam Massaad, RPh, (pictured left took Peters (pictured at right) through all of the scenarios in which he loses money to PBMs, imperiling patient health. Massaad relayed the conversation to NCPA's Michael Rule recently. "That patient with AIDS and a prescription with $300 loss [to me]?" Massaad told Peters, "Pretty soon that patient will not have access to it because I will be out of business or I will not [be able to] afford to dispense medications with that kind of loss." Peters spent more than an hour at Mollison Pharmacy and, on the way out the door, reportedly said, "Now I know why Buddy Carter is always upset. I am going to start working with him on matters concerning pharmacies and PBMs." NCPA announced last week that Rep. Buddy Carter (R-Ga.) will give remarks at our upcoming Congressional Pharmacy Fly-In (April 17-18). Carter, a pharmacist who owned Carter's Pharmacy, Inc. in Southeast Georgia for more than 30 years, has been a passionate defender of pharmacy—recently in efforts to pass pro-patient, pro-pharmacy legislation to enact PBM reform. In addition to cosponsoring other bills, he joined several of his colleagues to introduce the Drug Price Transparency in Medicaid Act (H.R. 1613), which is NCPA-priority legislation that prioritizes fair reimbursement to pharmacies and saves the government over $1 billion—and today it hangs in the balance. NCPA needs your help! So don't wait to register for the 2024 NCPA Congressional Pharmacy Fly-In—the housing deadline for lower, NCPA-negotiated hotel rates is March 22, which is right around the corner.

Last week, the Florida legislature passed HB 159, a bill that allows licensed pharmacists to screen adults for HIV exposure or order and dispense postexposure prophylaxis under a collaborative practice agreement with a physician. The bill's sponsor, Rep. Gallop Franklin (D-08), is a pharmacist and has attended our NCPA Pharmacy-Legislator Forum for the last two years. NCPA congratulates Franklin and the Florida pharmacy community for this great accomplishment in expanding access to care and being on the frontlines of the HIV epidemic.

HB 76 passed the Maryland House of Delegates, a bill that codifies pandemic response immunization authorities that pharmacists have had since 2020. This legislation allows licensed pharmacists to order and administer flu and COVID-19 vaccines to patients three (3) years old and up, and all other ACIP-recommended vaccines to patients six (6) years old and up. If this legislation passes, Maryland could become only the 13th state to expand pharmacy-based immunizations ahead of the end of those granted by the COVID-19 PREP Act declaration.

NCPA has been supporting twin PBM reform bills in Alaska as they received multiple hearings in their respective chambers' assigned committees. SB 121 and HB 226 propose far-reaching PBM reforms, including addressing patient steering and provider networks and ensuring reimbursement is on par with pharmacies owned or affiliated with PBMs. The bills also propose to use NADAC plus a professional dispensing fee determined by the Office of the Insurance Commissioner's use of a cost of dispensing survey. NCPA continues to lend information, insight, and communications support to the Alaska Pharmacists Association as the fight continues.

Mirroring activity from last year, the Maryland House Committee on Health and Government Operations heard testimony and discussed several pharmacy bills in both committee and subcommittee. NCPA wrote in support of HB 880, legislation that would create a floor reimbursement in the state's managed Medicaid program using the state Medicaid program's fee-for-service methodology. NCPA also submitted comments backing twin bills HB 726 and SB 626, which would redefine purchaser such that existing PBM laws would apply to all PBMs, including those otherwise governed by ERISA. HB 726 passed House with a vote of 136-1, while the other bills have received no further action.

NCPA provided ongoing support to bill sponsor Alabama Rep. Phillip Rigsby (R-25) leading up to a recent House Insurance Committee hearing on HB 238, the Fair Meds Act—key legislation to address spread pricing and to establish a commercial reimbursement floor of actual acquisition cost plus a dispensing fee of $10.64, the figure used in the state's Medicaid fee-for-service program. NCPA submitted comments to the committee, which favorably reported the bill after a March 6 hearing. However, opponents launched a misinformation campaign that called the dispensing fee a pharmacy tax on patients. In the ensuing media coverage, pharmacist Justin Beaty defended the legislation. The bill "proposes to ensure fair reimbursement for Alabama pharmacies, safeguard access to pharmacy services for patients, provide truth and transparency in prescription drug pricing and enhance free market competition." Beaty thoughtfully refuted the aggressive misinformation campaign to vilify community pharmacists and disparage bill sponsor and NCPA member Rigsby.

NCPA