General Pharmacy News

TPA Addressing Top Priority Issues for Members

Three key priority issues are being considered NOW by the Tennessee General Assembly:

• Collaborative Pharmacy Practice
• Use of MAC programs by PBMs
• Pharmacy Robberies

Throughout 2013, TPA collected information from members to determine the most important issues and opportunities requiring legislative action. It became apparent early on that the three issues shown above are priorities for members. and TPA has worked to have legislation introduced on all three issues. Now, TPA needs YOU to take action, too! You can make a difference in your future by acting now. 

What should YOU do NOW?

1. Contact your state Senator and state Representative NOW and ask them to support you by SUPPORTING these three bills. If you don’t know who your legislator is, CLICK HERE to find out.
2. Register for the TPA Midyear Meeting and attend the Legislative Reception on Monday evening, February 24, 2014. If you cannot be at the Midyear Meeting all day Monday, then at least register for and come to the Legislative Reception at the Hermitage Hotel. It will begin immediately following that day’s session on the Hill.
3. Invite your legislators to meet you at the Legislative Reception. They have already received a formal printed invitation to this event.
4. Sign up to join TPA’s legislative network to receive updates on these three bills and other legislative issues, so you can remain prepared to contact your legislators as needed.

More information, including bills, sponsors, and talking points, for each of the three key priority issues can be found below. 

Collaborative Pharmacy Practice – TPA Position: SUPPORT

Senate Bill 1992 (Sponsors: Overbey, McNally, Haile, Crowe, Yager)
House Bill 2139 (Sponsors: Shepard. Ramsey, Sexton) 

Talking Points: Pharmacy, Pharmacists – As introduced, authorizes collaborative pharmacy practice. Amends TCA Title 63, Chapter 10; Title 63, Chapter 6 and Title 63, Chapter 9.

• Amends the Tennessee Pharmacy Practice Act
• Authorizes collaborative pharmacy practice
• Creates new definitions for “Collaborative Pharmacy Practice” and “Collaborative Pharmacy Practice Agreement”
• Allows one or more Tennessee-licensed pharmacists and one or more Tennessee-licensed prescribers actively practicing in Tennessee to enter into a voluntary collaborative pharmacy practice agreement
• Alleviates burdensome and outdated regulatory restraints which hinder the effective delivery of patient care services by pharmacists working in collaboration with prescribers
• Ensures patient access to essential patient care services provided by pharmacists pursuant to collaborative pharmacy practice agreements
• Assigns ultimate authority regarding the scope of services provided by pharmacists in accordance with the agreements to the authorizing prescriber or prescribers
• Requires the Board of Pharmacy, in collaboration with the Board of Medical Examiners and Board of Osteopathic Examination, to promulgate rules establishing appropriate minimum standards for collaborative pharmacy practice agreements
• Authorizes pharmacists to provide patient care services and activities, including prescribe certain drugs or order certain laboratory tests, as authorized by the prescriber or prescribers, according to a signed collaborative pharmacy practice agreement

Regulation of MAC Programs Used by PBMs – TPA Position: SUPPORT

Senate Bill 1991 (Sponsors: Overbey, Haile, Bell, Yager)
House Bill 1554 (Sponsors: Shepard, Mike Turner, Gloria Johnson, Jernigan, Sexton, Odom, Sanderson)

Talking Points: Insurance, Health, Accident – As introduced, regulates the use of maximum allowable cost lists by pharmacy benefit managers and covered entities. Amends TCA Title 56, Chapter 7, Part 31.

• Amends the TN Insurance law governing PBMs to regulate the use of MAC lists by PBMs
• Creates a definition for “MAC list”, “Maximum Allowable Cost”
• Establishes minimum PBM compliance standards for maintenance of MAC lists
  • Requires PBMs to provide contracts to each contracted pharmacy
  • Requires PBMs to provide a copy of the MAC list and the methodology and sources used to determine MAC prices to contracted pharmacies
  • Requires PBMs to establish a clearly defined appeal process and resolve the appeal within 7 calendar days of receipt of the appeal
  • Requires PBMs to adjust MAC price for all successful appeals, starting from the date the appeal was filed, for the appealing pharmacy and all other similar situated pharmacies in that network.
• Prohibits PBMs from establishing any price on a MAC list in an amount which is below the amount found in the source used by the PBM to set the price
• Violators of provisions of law are subject to penalties in current laws (T.C.A. § 56-2-305) enforced by the Department of Commerce and Insurance

Increased Penalties for Pharmacy Robberies – TPA Position: SUPPORT

Senate Bill 1716 (Sponsor: Niceley)
House Bill 2158 (Sponsor: Roach)

Talking Points: Controlled Substances – As introduced, creates the criminal offenses of robbery of a pharmacy punishable as a Class B felony and aggravated robbery of a pharmacy punishable as a Class A felony. Amends TCA Title 39.

• Establishes clarifying language for “Pharmacy Robbery” and “Aggravated Pharmacy Robbery”
• Aggravated Pharmacy Robbery would occur if:
  • One (1) or more of the defendant’s employs, uses, or displays a deadly weapon or any other article or item used or fashioned to lead the pharmacist or other person in a pharmacy to reasonably believe the article or item to be a deadly weapon; or
  • The pharmacist, or any other person in or on the premises of the pharmacy besides a defendant, suffers serious bodily injury or death as a result of the robbery or attempted robbery
• Establishes Pharmacy Robbery as a Class B felony
• Enhances criminal penalties for Aggravated Pharmacy Robbery to a Class A felony