Good Afternoon – Here's this week's newsletter. The Key Takeaways are:
1. A key GOP Senator said publicly this week that comprehensive 340B reform could be included in a healthcare package expected to move during the Lame Duck session later this year. Sen. John Thune (R-SD) is currently the second-ranking GOP member in the Senate and is running to become GOP leader when Sen. Mitch McConnell steps down after the November elections. He is also the de facto head of the "Group of Six" bipartisan Senators who have released two RFIs around 340B and a draft bill called the SUSTAIN Act. See p. 3.
2. Congratulations to Mississippi, who last Friday became the fourth state to enact a law banning contract pharmacy restrictions (CPRs). Unfortunately, the story is different in Virginia, where the GOP Senators who unanimously supported a bill to ban CPRs for CHCs in February have done an about-face, presumably due to relentless media attacks claiming that the bill would fuel illegal immigration. This week these Senators unanimously voted for a "poison pill" amendment proposed by the Governor that would have effectively prevented the original law from going into effect and authorized a state-funded, PhRMA-friendly report on 340B. See page 5.
3. BPHC released two PALs this week to streamline the process for CHCs experiencing emergencies to get new healthcare providers – including volunteers – covered under FTCA. We commend BPHC for its efforts to simplify and shorten the process as much as possible under current law. However, both Colleen and the Kentucky PCA (who has been spearheading Federal legislative efforts around FTCA coverage for VHPs in emergencies) believe that even these streamlined systems will create a significant burden for CHCs during an emergency. For this reason, we intend to continue our efforts to advance the Health Care Practitioner Disaster Protection Act (HR 5829). This bill would enable CHC providers who are covered under FTCA at their "home" CHC to automatically be covered under FTCA when they volunteer at another CHC in response to an emergency. See page 5.
4. HRSA has issued a final rule updating its Alternative Dispute Resolution (ADR) process for addressing 340B disputes between covered entities and manufacturers. CE groups are largely supportive of the changes, saying they make the process more accessible for small CEs. In particular, CEs support a new policy that will allow the ADR panel to adjudicate claims involving issues pending in federal court. To date, the ADR panel has refused to consider such issues, making it useless in terms of helping CEs push back on contract pharmacy restrictions. See page 4.
The Recommended Action Items are:
1. Please keep working to get more signatures on the House letter requesting "robust" appropriated funding for CHCs in FY2025. NACHC reported that as of yesterday, we had reached about 45% of the goal (goal is 266, we have 120 so far.) To see who's signed on so far, and to provide NACHC with updated information, please see this spreadsheet. Also, this link provides resources to support your outreach. Please contact Nova at NThayer@NACHC.com or at (703) 283-0942 with questions or comments. See page 3.
2. We encourage you to:
· Review your Project Director list in EHB, per BPHC's email this week. See page 6.
· Review the changes to UDS for FY2024. See page 6.
· Consider attending 340B University, a free full-day HRSA-approved training in Phoenix on May 19, right before the grantee conference. – See attachment.
Thank You for your continued advocacy for Health Centers and please let us know how we can best support your work.
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Chuck O'Neal
Director, Member Support
Kentucky Primary Care Association
Frankfort KY
(502) 545-9620
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