H. D. SMITH
FORUM Volume 5, Issue 8, August 2010
Around the Industry
H.R. 5809 database showing previous prescriptions patients had filled
Titled the Safe Drug Disposal Act of 2010, this bill seeks to for medications that include pain relievers. The database will
amend the Controlled Substances Act to allow an ultimate be updated weekly.
user who has lawfully obtained a controlled substance (or,
if deceased, anyone authorized to dispose of the ultimate S. 148
user’s property) to deliver that substance to another person Titled the Discount Pricing Consumer Protection Act, this
for disposal if: (1) the person receiving the controlled bill proposes to amend the Sherman Act to declare that any
substance is authorized to receive and dispose of the contract, combination, conspiracy, or agreement setting a
substance; and (2) the delivery and disposal take place in minimum price below which a product or service cannot be
accordance with regulations issued by the Attorney General sold by a retailer, wholesaler or distributor violates the Act.
to prevent diversion of controlled substances.
This bill directs: (1) the Attorney General to authorize Titled the Medication Therapy Management Expanded
long-term care facilities to deliver for disposal controlled Benefits Act of 2010, this bill seeks to amend the Patient
substances on behalf of ultimate users; (2) the Director Protection and Affordable Care Act by expanding access
of National Drug Control Policy to carry out a public to medication therapy management services under the
education and outreach campaign to increase awareness Medicare prescription drug program. Specifically, the PDP
of safe drug disposal; (3) the Comptroller General to collect sponsor shall establish a process for identifying individuals
data on the delivery, transfer and disposal of controlled who (I) are not described targeted beneficiaries; (II) are not
substances under this Act and to submit findings and otherwise offered medication therapy management services;
recommendations to Congress on the use, effectiveness and (III) a pharmacist or other qualified provider determines
and accessibility of disposal programs; and (4) the may benefit from medication therapy management services.
Administrator of the Environmental Protection Agency Furthermore, if enacted, the Secretary shall establish
(EPA) to study the environmental impacts from the ultimate measures and standards for data collection by PDP sponsors
disposal of controlled substances and the ease and cost of to evaluate the performance of pharmacies and other entities
implementation of drug take-back programs. furnishing these services.
Iowa H.R. 4199
The Board of Pharmacy has recently implemented an Also known as the PHARMACY Bill sponsored by
electronic tracking program that will monitor the sales of Congressman G. K. Butterfield (D-NC), this bill seeks
pseudoephedrine, ephedrine and phenylpropanolamine in to ensure increased patient choice while placing tighter
real time. restrictions on pharmacy benefit managers (PBMs). There are
four main points to this legislation: 1) Equal access for the
Massachusetts patient to go to the pharmacy of their choice. 2) Establishes
State regulators have approved the new detection system at the Federal level pharmacist recognition as healthcare
designed to stop “doctor shopping” by addicted patients providers. 3) Carries manufacturers’ rebates directly back
who try to dupe doctors into prescribing narcotics. The to the Federal Program, not to the PBMs. 4) Establishes a
tracking system approved by the Public Health Council pharmacy reimbursement structure.
will allow physicians and pharmacists to review an online
PHARMACY FORUM Page 2
NCPA’s Latest Niche Service Member Offering:
Making Long Term Care Pharmacy More Successful
By Douglas Hoey, Acting NCPA Our voice has often been missing from of the latter), and not independent
Executive Vice President and CEO the discussion that was dominated community pharmacies.
by giant long-term care corporations;
According to the 2007 Senior Care that is no longer the case. What used Our involvement in these areas is
Source report, it is estimated that by to sound like a din will soon become necessary, because in the past
the end of this year, ten percent of the a roar, because the model we have decision-makers didn’t always
U.S. population will be greater than age applied to other areas is being applied consult with independent community
65, many of whom will need long-term to LTC. pharmacies when introducing bills
care (LTC) services. The demographic or issuing regulations affecting LTC.
tsunami of aging baby boomers (those We are advocating for the critical issues Our goal is to guarantee patients
individuals born between1946 and affecting NCPA members who are have access to our services, which
1964) will cause that percentage to engaged in LTC and helping to grow entails creating an environment
rise in the coming years and decades. and differentiate their businesses from where independent community
According to the 2009 NCPA Digest, the competition. Some of our recent pharmacies do not have to clear an
53 percent of independent community advocacy efforts include: providing overabundance of time-consuming
pharmacies offer services to the LTC a community pharmacy perspective hurdles or face the financially crippling
population (i.e., assisted daily living, to CMS on the potential impacts of dynamic of lower reimbursements and
hospice, LTC facility, senior care or proposed short cycle dispensing rules; added costs. You can read more on
correctional facility). NCPA believes one working to find a compromise on the our efforts at our new LTC website,
of the ways for independent community LTC nurse-as-agent issue that insures www.ncpaltc.org and sign up to
pharmacies to thrive is by tapping into patients get needed medications receive our monthly newsletter.
niche markets, which diversify and in a timely manner; and submitting
grow their revenue streams, while also recommendations to ensure the Leading this effort is our Director of
raising their profile with the patients smooth implementation of e-prescribing Long-Term Care Policy and Regulatory
they serve. LTC certainly fits the bill. rules in LTC settings. We are also Affairs, Susan Janeczko, Pharm.D.
closely monitoring the Medicare Part Susan came to NCPA from the Centers
NCPA has received numerous D Gap Discount Program and Part for Medicare and Medicaid Services
member requests to enhance our B DME MAC Recoupment efforts (CMS) where she was the lead clinician
advocacy efforts in the growing field to help ensure that any government working on the Medicare.gov website.
of LTC pharmacy, so this spring we efforts to resolve pending financial Feel free to contact Susan at susan.
made a concerted effort to increase matters find their intended targets firstname.lastname@example.org or (703) 600-
our capabilities by adding staff and (drug manufacturers in the case of the 1223 for more information. We look
providing resources that target former, and Medicare Advantage and forward to working with you and for
legislative and regulatory issues faced Home Health Agencies in the case you on this growing issue.
by pharmacies servicing LTC facilities.
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