The Texas Department recently posted in the Texas Register proposed amendments to two bills we strongly supported in this past legislative session: HB 4341  by Rep. Vikki Truitt  (R-Southlake), and  SB 2339 by Sen. Florence Shapiro (R-Plano), both calling for regulation of discount health care programs by the Texas Department of Insurance and providing penalties.

As I said in a letter to TDI's chief counsel and deputy commissioner, these amendments will result in a tremendously more trustworthy and reliable health care environment for Texas patients. We look forward to the ultimate adoption and implementation of these amendments, which include four broad proposals to regulate discount health care program operators:

1. Amendments concerning fingerprint requirements;
   
2. Amendments relating to discount health care program registration and renewal requirements and amount of fees;
3. Amendments relating to insurance advertising and discount health care program advertising; and
4. Amendments relating to discount health care program principles of regulation. 
   

TDI is actively pursuing complaints from pharmacists about illegal adjudication fees charged by some PBMs. The department also is prepared to take enforcement action against discount health care program operators who fail to comply with the laws.  Here's the link to the complaint process TDI established for consumers and providers such as yourself to submit complaints against discount health care program operators. Please add it to your "favorites" list.

Our membership reports that TDI is extremely responsive to their complaints--both diligent in quickly processing and resolving the complaints and ensuring enforcement against those who violate the law.

This support from TDI and passage of the bills that enabled these rules and regulations are the result of lots and lots of work. Most importantly, many of you joined with fellow independent community pharmacists statewide to contact your state representatives and senators to voice support for the bills.

As we've said many times, and will continue to point out, your staff in Austin can only do so much. We can help write the bills, we can negotiate compromises, and we can urge supportive votes. But the real difference comes from you--the people on the front line of these issues who contact your elected officials.

Stay tuned!

We don't know who blinked first--everyone has a different opinion about it.

Here is what the National Association of Community Pharmacists said about the settlement.

What's the lesson from all this? It reinforces the need for independent community pharmacists to have the right to business negotiations. Walgreens may be a single company negotiating with another single company, but their sheer size means CVS Caremark had to take Walgreens' actions seriously. That kind of clout can't be overestimated. The National Community Pharmacists Association was instrumental in getting a bill introduced in Washington this past session that would have granted the right to negotiate as a group and it was introduced in the health care reform bill, but HR 971 didn't make it to the floor and the language was left out of the health care reform bill. 

Are we disappointed? Yes. Are we discouraged? NO!! This is the kind of battle we'll continue to fight.