TxRx

August 11, 2009


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Texas Pharmacy Business Council is an organization of American Pharmacies and the Academy of Independent Pharmacists-Texas.
www.TxRxCouncil.org

Five Star PharmacyPhriends
    * Sen. Robert Deuell, MD (R-Greenville) : Rx discount card regulation
    * Rep. Dan Gattis (R-Georgetown): mail order parity
    * Rep. Yvonne Gonzalez-Toureilles (D-Alice): PBM regulation, prompt pay, Rx discount card regulation, transparency in state PBM contracts, and mail order parity
    * Sen. Glenn Hegar Jr. (R-Katy): transparency in state PBM contracts
    * Rep. Chuck Hopson, RPh (D-Jacksonville): PBM transparency and prompt pay
    * Rep. Todd Hunter (R-Corpus Christi): prompt pay
    * Rep. Carl Isett (R-Lubbock): PBM regulation
    * Rep. Lois Kolkhorst (R-Brenham) : transparency in state PBM contracts
      Rep. Sid Miller (R-Stephenville): PBM regulation, transparency in state PBM contracts
    * Sen. Jane Nelson (R-Flower Mound): transparency in state PBM contracts, mail order parity, and mail order pharmacy audit
    * Sen. Leticia Van de Putte, RPh (D-San Antonio)

Four Star PharmacyPhriends
    * Rep. Bill Callegari (R-Katy): PBM regulation and prompt pay
    * Rep. Bryan Hughes (R-Mineola): PBM regulation and prompt pay
    * Rep. Eddie Lucio III (D-Brownsville): PBM regulation
    * Sen. Kirk Watson (D-Austin): mail order parity

Three Star PharmacyPhriends
    * Rep. Alma Allen (D-Houston): PBM regulation
    * Rep. Roberto Alonzo (D-Dallas): PBM regulation
    * Rep. Ellen Cohen (D Houston): PBM regulation
    * Rep. Byron Cook (R-Corsicanna): transparency in state PBM contracts and mail order parity
    * Rep. John Davis (R-Houston): transparency in state PBM contracts
    * Rep. Allen Fletcher (R-Tomball): PBM regulation and prompt pay
    * Rep. Dan Flynn (R-Van): mail order parity
    * Rep. Stephen Frost (D-Atlanta): PBM regulation
    * Rep. Linda Harper-Brown (R-Irving): PBM regulation
    * Rep. Mark Homer (D-Paris): transparency in state PBM contracts
    * Rep. Bryan Hughes (R-Mineola): PBM regulation
    * Rep. Marisa Marquez (D-El Paso): PBM regulation
    * Rep. Solomon Ortiz Jr. (D-Corpus Christi) : PBM regulation and prompt pay
    * Rep. David Swinford (R-Dumas): transparency in state PBM contracts

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Our effectiveness is only as good as our members' willingness to get involved.


Texas legislation success list
 
REGULATION
OF Rx DISCOUNT CARDS

PBM TRANSPARENCY IN STATE CONTRACTS
 
MAIL ORDER PARITY
Becks Corner dark gray box
 
TPBC celebrates successes, sets plans for next legislative session
Richard and BruceMany of the board members, staff and "Phlashers" who testified to the legislature this past session got together last month for a celebratory reception and dinner. It was a wonderful time, reviewing our many successes and setting the stage for the next legislative session. This picture shows me and Texas Pharmacy Business Council Board Chairman Bruce Rogers going over our "thank you" list at the reception.

I'm exceptionally pleased to announce American Pharmacies and the Academy of Independent Pharmacists-Texas inked an ongoing contract to continue our successful collaboration into the future. We are laying out our plans for the interim before the next session in January 2011. And we also are looking at the issues we'll concentrate on during the session.

If you have some issues that are particularly important to you, we invite you to drop us an e-mail. We definitely will take your thoughts into consideration as we continue our steady march toward protecting our ability to serve our patients.

CVS / Caremark update
Two letters delivered recently to the Federal Trade Commission ask the FTC to
rethink their approval of the CVS/Caremark merger.

A letter signed by U.S. senators on both sides of the aisle in Washington and instigated by Arkansas Democrat Mark Pryor and Mississippi Republican Roger Wicker, was delivered July 23. It asks the FTC to "take appropriate action if CVS/Caremark is engaging in any anticompetitive or deceptive practices."

Another letter signed by North Dakota Democrat Byron Dorgan, Wisconsin Democrat Russ Feingold, and Minnesota Democrat Amy Klobuchar and delivered July 28 asks the FTC to take a look at the heightened opportunity for anticompetitive or deceptive practices.

Independent pharmacy has a huge ally in the PBM reform fight.

A large consortium of labor unions, Change to Win, is collecting information about the effects of the CVS/Caremark merger on our patients. Change to Win is seeking the input of independent pharmacists who are on the front lines dispensing prescriptions and interacting with payers and PBMs.

Change to Win representatives are in Central Texas this week to work with TPBC members. We've asked numerous times for your examples of fallout from the CVS Caremark merger. Change to Win is working with pharmacy groups all over the country to collect information to augment their campaign.

Take a moment to think about the following questions:
  • Do any of your patients report being contacted by someone from CVS to switch pharmacies?
  • Do you have any patients who were unable to fill prescriptions with you because CVS pharmacy had already filled the prescription, even though the patient did not give them information or authorize them to fill it?
  • Do you have new patients who used to be CVS pharmacy patients and experienced problems when they switched to your pharmacy?
  • Any other recent problems with CVS/Caremark that you, your patients or health plans have experienced?
I can't imagine any of you have not been touched by the CVS/Caremark merger. That means ALL of you have something to report. And it couldn't be easier to do. Send your story to us ASAP by e-mail or fax (512) 992-1391.

A piece of the economic stimulus bill affects pharmacy

Some gaping holes in medical privacy could be plugged if some protections included in the federal economic stimulus law enacted in February are strictly enforced. They prohibit the sale of personal health information, with exceptions for research and public health issues such as tracking epidemics. An article in Sunday's New York Times addresses this in detail.

One of TPBC's success in the past legislative session was regulation of pharmacy discount cards. The bill, SB 2423, addresses this issue of data mining. The federal law reinforces and strengthens our statewide measure.

Pharmacy exemption for DME gains momentum
An influential small business advocacy group and several respected health care associations joined the National Community Pharmacists Association to urge Congress to exempt community pharmacies from the Oct. 1 accreditation and surety bond requirements needed to continue providing Durable Medical Equipment, Prosthetics, Orthotics and Supplies to Medicare patients

The National Federation of Independent Business, National Rural Health Association, American Association of Diabetes Educators, and the Diabetes Access to Care Coalition sent letters to the Senate and House committees of jurisdiction supporting accreditation exemption bills, specifically, S 511, introduced by Sens. Jon Tester (D-MT) and Sam Brownback (R-KS), and HR 616, introduced by Reps. Marion Berry (D-AR) and Jerry Moran (R-KS). The surety bond exemption bills are S 956, introduced by Sens. Tester and Pat Roberts (R-KS), and HR 1970, introduced by Reps. Zach Space (D-OH) and Jo Ann Emerson (R-MO).

In other positive developments, House Democratic leaders included similar provisions in their health care reform bill HR 3200, America's Affordable Health Care Choice of 2009. And key U.S. lawmakers wrote to the Centers for Medicare and Medicaid Services asking that pharmacies be exempted.

U.S. Sens. Pat Roberts (R-KS) and Sam Brownback (R-KS) wrote the Obama administration asking for exemptions from both rules. Similarly, Sens. Debbie Stabenow (D-MI) and Blanche Lincoln (D-AR) wrote CMS seeking a six-month delay in the accreditation requirement.

In the House, Small Business Committee Chair Nadia Velazquez (D-NY) and ranking member Sam Graves (R-MO) sent a letter to CMS asking for pharmacies to be exempted from accreditation, while House Ways and Means Health Subcommittee ranking member Rep. Wally Herger (R-CA) asked for an exemption from both rules.

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