TPBC LogoTPBC Home PageTPBC NewslettersLinks to Talking PointsContact Texas Pharmacy Business Council


Original Circle R logo

April 14, 2009

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


Forward this email to a Friend


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 Calls continue to come in about CVS Caremark business practices

TPBC continues to receive reports from members that CVS Caremark is asking beneficiaries to use Caremark mail order or CVS retail stores for maintenance medications. 
 
As you become aware of instances where CVS Caremark is telling your patients they must use Caremark mail order or CVS retail stores, please note who the employer is and e-mail or fax (512.992.1391) the information to us at the Texas Pharmacy Business Council so we can review it. 

Especially when taxpayer money is at issue, we have a greater chance of heading off Caremark by bringing it to the attention of elected officials, public agency staff and local news media.

We recently learned that the Houston ISD is working on an RFP for hiring a PBM.  An organization that shares our concerns about CVS Caremark is Change to Win, a coalition of American labor unions originally formed in 2005 as an alternative to the AFL-CIO, is tracking CVS/Caremark's actions around the country as public agencies consider PBM contracts. Change to Win is educating the public and legislators about CVS Caremark's business practices. Change to Win's letter to Houston ISD is available here.

One of our members faxed us this letter sent to his patient who is covered by the Liberty County health plan and we will encourage Liberty county pharmacists to contact county officials. But our  best chance of impacting public health plans' decisions in selecting a new PBM to administer their Rx benefits is when they are out for bids or in the Request for Proposal (RFP) process.  We urge you to talk to your city, county, school officials or a significant local employer and ask them about the status of their health plan contracts and offer to be a resource for them on pharmacy benefit managers.


Another one of our Council members alerted us that Tarrant County is in the process now. You can begin the process of educating them before a decision has been made and a contract is signed.

The FTC and several state attorneys general are investigating the CVS/Caremark merger. However, we can't just sit back in hopes the FTC rules any time soon. So please share documents such as the one from Liberty County or information like the Tarrant County bid process. If you don't have a document, at the least tell us the name of the employer, whether public agency or private business.

Stay tuned!

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

TPBC/TDI tip
Is Humana refunding your adjudication fees?
By Amanda Gohlke Fields, General Counsel

Your Texas Pharmacy Business Council representatives continue our work with the Texas Department of Insurance (TDI) that we initiated in July, 2009, to assist our members with resolution of complaints against health plans and PBMs.

As part of the TPBC/TDI relationship, we will send you occasional tips regarding appropriate and timely reimbursements.

Today's Tip
As you've reported to us, Humana sent you written notification that the fee will no longer be applied, and most importantly, that Humana will issue a credit for all fees that were assessed since the fee's effective date of Dec. 8, 2009. The credit should appear on your next electronic remittance, if it has not already.

You will remember that TPBC submitted a complaint on behalf of its members to TDI against Humana, in response to the $0.25 adjudication fee it proposed. TPBC complained that this adjudication fee violated a portion of the Texas Insurance Code that applies to electronic health care transactions, and states that a health care plan may not directly or indirectly charge or hold a health care professional, health care facility, or person enrolled in a health benefit plan responsible for a fee for the adjudication of a claim. TDI representatives indicated to TPBC that it agreed with the complaint and Humana may not charge the adjudication fee. You can see TDI's opinion of the complaint under the FAQ section of the TDI pharmacy-specific webpage: http://www.tdi.state.tx.us/hprovider/pharmacy.html

If you are directly charged an adjudication fee like the one described above by a health maintenance organization or insurer, please submit your complaint to TDI. If you are indirectly charged by a health maintenance organization or insurer, such as through a PBM, please also submit your complaint, but be sure to submit the complaint against the health maintenance organization or insurer (not the PBM), as the language of the applicable law targets the health maintenance organization or insurer that directly or indirectly (through a PBM) charges the fee. Take ten minutes today and submit a complaint to eliminate your adjudication fees!

TDI's enforcement of existing laws translates to more money in your pocket, and we appreciate TDI being so proactive and responsive. Utilizing TDI as your dispute adjudicator can save you time and money! Please submit your complaints regarding HMOs, insurers or PBMs to TDI. They are the agency charged with oversight of these issues, and thanks to the work of APRx and TPBC staff and consultants, are on standby to help you! If they don't hear from you, they can't help you!

Remember, bookmark this page: http://www.tdi.state.tx.us/hprovider/pharmacy.html. In addition to important information for you, it also has a link to file an electronic complaint. It couldn't be easier!  

If you have questions or need assistance with filing your complaint or TDI's resolution of the complaint, please email Amanda Gohlke Fields, General Counsel at afields@aprx.org.
CMS terminates FOX Insurance

The Centers for Medicare & Medicaid Services recently terminated FOX Insurance from the Medicare Part D program. In a directive that went into effect March 1, pharmacists should be billing all enrollees who were in the FOX program to the new Part D Low Income (LI-NET) program administered by Humana. The National Community Pharmacists Association reports many pharmacies are not being paid by FOX for prescriptions dispensed between Feb. 16 and March 1, and that some claims being billed to LI-NET are being rejected. CMS has asked NCPA to provide them with examples of specific claims that are at issue. Please fax any claim information to NCPA (attention: Government Affairs) at 703-683-6375 so we can provide them to CMS.

CMS suspends Aetna Medicare Advantage Part D coverage
Regulators have suspended Aetna Inc. from enrolling customers in Medicare Advantage plans due to changes the health insurer made to its Part D prescription drug coverage.

The suspension starts April 21. It covers all Medicare Advantage plans as well as plans that just provide Medicare's prescription drug coverage. Aetna also cannot market the plans under the suspension.

Medicare Advantage plans are privately run versions of the government's Medicare program, which provides health coverage for the elderly and disabled. The plans, subsidized by the government, offer basic Medicare coverage topped with extras or premiums lower than standard Medicare rates.

The sanction stems from changes the insurer made from 2009 to 2010 when Aetna switched its Part D prescription drug coverage from an open formulary to a closed one, which involves payment tiers and in some cases favors generic drugs over brand names.
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
© 2005 American Pharmacies Inc. | Privacy Policy | Terms of Use