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March 30, 2009

Texas Pharmacy Business Council is an organization of American Pharmacies and the Academy of Independent Pharmacists-Texas.
In this issue


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TDI pharmacy help
The Texas Department of Insurance has a Pharmacist Resource Page that includes links to complaint forms and advises when the next Pharmacy Outreach Conference Call will be held.

Add this link to your online "favorites" list.

Texas legislation  success list
 
Regulation of Rx discount cards


 PBM transparency in state contracts

Mail order parity

becks Interim hearings & proposed rules keep TPBC hopping

Happy Easter
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The proposed 1 percent cut in Medicaid dispensing fees is the biggest issue facing pharmacy during this run-up to the 2011 legislative  session. TPBC consultants will fan out to visit with key legislators about other ways the Texas Health and Human Services Commission can achieve the legislative leadership's mandate for a 5 percent across-the-board cut in the state agency budgets for the next biennium.

Today I am providing written and oral testimony at a Texas Department of Insurance stakeholders' meeting regarding a study mandated by SB 704/HB 4402 (PBM transparency and mail order parity). TDI is evaluating how PBMs use prescription drug information to manage therapeutic drug interchange programs and other drug substitution recommendations made by PBMs or similar entities.

Wednesday morning, TPBC will cover a meeting of the Senate State Affairs Committee to discuss the ERS Health plan shortfall.

Later that morning we will cover a special called joint meeting of the Texas Senate Health and Human Services and Senate State Affairs Committees that will be taking invited testimony regarding Senate Interim Charge #1 as follows:

Upon passage of federal legislation relating to reform of the health care industry and health insurance industry--
  1. Study implications of such legislation on Texas, the health care industry, and public and private insurance.
  2. Study and monitor implementation of insurance regulatory changes, changes to high risk pool, and any other insurance mandates.
  3. Study health care policy changes and their effect on Medicaid and CHIP programs, as well as the state budget.
  4. Assess the effect on all state uninsured and uncompensated care programs and county programs for the uninsured, including county property tax programs to pay for the uninsured.
  5. Propose recommendations for the efficient implementation of programs.
Another interim study we are closely monitoring is a called for by SB 1757 by Senator Kirk Watson (D-Austin). The Texas Commission on Environmental Quality is examining methods for disposing of unused pharmaceuticals so they do not enter a wastewater system. Drug take-back and disposal programs are available to pharmacies now, but we must be diligent to make sure any recommendations coming out of this committee do not place another unfunded mandate on community pharmacy.

As always, we continue to monitor the Texas Register for rules proposed by state agencies that impact community pharmacy. In the latest issue, HHSC proposes an amendment that adds language from HB 2030 to the Government Codes requiring HHSC ensure a Medicaid prescription is valid for the lesser of the period for which the prescription is written or one year. The current rule defined the life of a Medicaid prescription as five refills or six months. Pharmacy supports this change.

The Texas State Board of Pharmacy has proposed some rules we are looking at very closely. They concern prescription drug recalls by the manufacturer and professional responsibility of pharmacists. We have some concerns about the proposed rules and will be conferring with the TPBC Board and legal counsel to determine whether we will submit formal comments and testify in a public hearing. In addition, TSBP proposes amendments concerning personnel and operational standards for Class A pharmacies. Again we will be going through the same process as I described above.

Whew! Our plate is full. Stay tuned!

Richard's signature
Richard E. Beck, RPh
Executive Director, Texas Pharmacy Business Council

CMS proposes Part D drug trial supplies
To reduce waste in the Medicare Part D system due to unused medications, CMS is pushing a proposal that would offer beneficiaries trial supplies for certain drugs - a measure that could pose challenges for some PBMs by requiring an additional review of their system for
any quantity limits.

"This is a very good move by CMS," said Texas Pharmacy Business Council Executive Director Richard Beck, RPh. "Medicare, Medicaid and health plans across the country are wasting billions on multiple-month supplies. Before PBMs got in the mail order business, most health plans recommended paying for a maximum supply of 30 days at a time.

"However, we strongly oppose any measure that would decrease or remove a dispensing fee paid for a partial fill of medication. And we're also concerned about leaving trial fills up to the discretion of the plans."
 
The proposal will help curb the waste associated with unused drugs, and it could reduce out-of-pocket costs for beneficiaries who exercise this option.

CMS released a combined 45-day advance notice and draft 2011 Call Letter on Feb. 19, setting forth requirements for Part D and Medicare Advantage plans for the 2011 contract year. In the letter, the agency requested that Part D sponsors consider allowing beneficiaries in a community setting the option to request a trial supply of no more than seven to 14 days of a Part D-covered medication when first prescribed. Through the program, Part D sponsors would be expected to prorate cost-share amounts associated with the prescriptions, the
agency explained.
 
The rationale behind the request is to prevent beneficiaries from stopping their medications. A CMS review of 2007 Prescription Drug Event data transactions revealed that up to 30 percent of first fills for chronic medications are not refilled. Therefore, the agency contends that if the disincentive of paying the full cost sharing amount was eliminated and copays were prorated for the amount actually dispensed beneficiaries might appreciate the opportunity to request an initial trial fill for new medications.
Here's your chance to sound off about vaccine & antiviral medication allocation
A management consulting firm is conducting a comprehensive assessment of the Texas Department of State Health Services response to the H1N1 pandemic. One of the activities in the data-gathering phase of the project is to hold focus group sessions with key partners in the H1N1 response. Two focus groups that may be of interest to independent community pharmacists:
  1. A focus group specifically designed for independent drug stores to review operational issues related to vaccine allocation and distribution, antiviral medication distribution, as well as other issues; and
  2. A focus group with pharmacists from a variety of pharmacies to discuss issues related to both vaccine and antiviral medication allocation and distribution, as well as other pharmacy issues.   
Pharmacists traveling from outside Austin will be reimbursed for travel to and from Austin per DSHS guidelines.

Since the independent drug store focus group will focus on operational issues, it should include participants who can speak from that perspective.

Participants in the pharmacist focus group should be practicing pharmacists involved with the event (e.g., providing information to patients, providing vaccine, and dispensing antiviral medications from the state stock or aware of these processes). 
 
The independent drug store focus group is tentatively scheduled for the afternoon of May 12 in Austin, and the pharmacist focus group is tentatively scheduled for the afternoon of May 10 in Austin.

Please contact us if you can help with this process. It's a rare opportunity to influence processes that affect our business and our patients.

Texas Pharmacy Business Council
Ensuring patient access to quality pharmacy care services,
the viability of community pharmacy and the pharmacy profession.

1001 Congress Ave., Suite 250, Austin, TX 78701 512.992.1219
Richard E. Beck, RPh, Executive Director
www.TxRxCouncil.org
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