NCPA Statement About the Conference Committee on “American Recovery and Reinvestment Act of 2009”
ALEXANDRIA, Va.-(Business Wire)-February 11, 2009 - The National Community Pharmacists Association (NCPA) submitted the following statement today to the Conference Committee members on the American Recovery and Reinvestment Act of 2009:
The National Community Pharmacists Association (NCPA) supports many provisions of the American Recovery and Reinvestment Act of 2009. We ask for consideration of our views below as the conference bill and report is developed. NCPA represents the nation's independent pharmacists, including the owners of more than 23,000 pharmacies, with 75,000 pharmacists, over 300,000 employees and millions of patients who rely on us for their prescription care.
Privacy Provision – Retain Section Relating to “Written Communications to Patients”
We are supportive of language being included in the final conference bill and report that would allow pharmacists to communicate with their patients about important health care items and services if the item or service has been previously prescribed for or administered to the patient.
In general, we support Section 13406 of Subtitle D of Title XIII of the Senate bill, which addresses the conditions under which communications about health care products and services can be made without express written authorization from the patient. We appreciate the support that our members have received from House and Senate Members for retaining the ability of pharmacists to send these communications.
The pharmacist communications that would be permitted to continue under this section include written reminders to patients to refill their prescriptions, reminders about the availability of lower-cost generic drugs, and notices about the need to obtain vaccinations. These are all valuable patient care services which result in improved quality of care. Pharmacists should be permitted to communicate to patients about these products and potentially receive third-party remuneration for the communication.
However, to protect the integrity of the patient-pharmacist relationship, we will work through the regulatory process to assure that these communications occur without express written patient authorization only if the communication came from the patient’s own pharmacist provider. We are seeing an increasing number of cases of communications being generated to our patients from other business associates of our pharmacies that do not have a direct relationship with the patient.
These communications can encourage patients to switch to different medications or different pharmacies that economically may benefit these business associates, but may not benefit the patient. Patients should not be targeted by these other non-provider business associates with these marketing communications that disrupt the pharmacist-patient relationship, and often result in higher health care spending.
Privacy Provision – Retain Section that Encourage E-Prescribing
We are supportive of the modification made in Section 13405(e)(2)(B) of the Senate bill that would allow for the continued exchange of protected health information along electronic prescribing networks. Without this modification, we are concerned that it will be more difficult to these networks to function because written authorization would have to be obtained from the patient to transmit electronic prescriptions. We ask that this language be retained in the conference bill and report. We will work through the regulatory process to assure such policies encourage the growth of electronic prescribing.
Medicaid Assistance to the States
NCPA supports the inclusion of an enhanced Federal Matching Assistance Percentage (FMAP) rate in the final conference bill and report. Medicaid agencies are facing many challenges in maintaining funding of their programs. Without these enhanced funds, we are concerned that Medicaid patients’ access to medications and pharmacy services could be reduced, which could result in the use of more expensive medical interventions.
A temporary increase in Medicaid funds will help avert additional cuts in Medicaid programs and serve as an important investment that will preserve coverage for millions of Medicaid beneficiaries.
The National Community Pharmacists Association, founded in 1898, represents the nation’s community pharmacists, including the owners of more than 23,000 pharmacies. The nation’s independent pharmacies, independent pharmacy franchises, and independent chains dispense nearly half of the nation's retail prescription medicines. To learn more go to www.ncpanet.org.
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