NCL statement on FTC interim report on PBMs

/in , , , , , , , , , , , /by

July 10, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – The National Consumers League (NCL) today applauds the Federal Trade Commission’s (FTC) interim staff report on prescription drug middlemen, pharmacy benefit managers (PBMs). The report details how PBMs profit at the expense of patients, inflating drug costs and squeezing Main Street pharmacies.

The following statement is attributable to NCL’s Robin Strongin, Senior Director of Health Policy:

“The FTC’s continued investigation into PBMs, and this latest report, shows promising momentum in addressing the high out-of-pocket costs of medicines consumers face. Countless investigations such as this, as well as news coverage, patient stories, and pharmacy closures across the country, prove again and again that PBMs are doing more harm than good. As the report shows, the vertical integration of PBMs has allowed them to rake in profits at the expense of patients and independent pharmacies.

“That said, we also recognize that this interim report and its findings don’t go far enough. It’s well past time to examine and address the overall corporatization of health care, including the vertical integration of the industry. In the current set-up, the biggest winners are the health insurance corporations that own PBMs, doctors, pharmacies and more. The biggest losers? Consumers.

“While NCL is encouraged that the FTC is working to hold PBMs accountable, we also encourage the need for meaningful reform that helps and doesn’t harm consumers.”

The full report can be accessed here.

###

 About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

What we need now isn’t just abortion access; it’s time for a reproductive justice framework

/in , , , , /by

By Sam Sears, Health Policy Associate, National Consumers League

For two years now reproductive justice – as a term, a framework, and an ideal – has been thrust into the mainstream. While those who work in reproductive healthcare access and advocacy, particularly abortion access and rights, are familiar with the term, not many people knew about it before the Supreme Court of the United States handed down its decision in Dobbs v. Jackson Women’s Health Organization. Given the most recent rulings from the Court this past month, and what’s been happening in the states in the two years since Dobbs, reproductive justice is all that more important.

So, what is reproductive justice?

It’s actually a very simple concept and framework from which advocacy work stems. Coined by Black women in 1994 before the International Conference on Population and Development in Cairo, the term mashes together reproductive rights and social justice. These women recognized that the pro-choice movement at that time was not accomplishing enough for women of color. Expanding upon the human right to maintain personal bodily autonomy, reproductive justice is often defined as the right to have children, the right to not have children, and the right to parent the children in safe and sustainable communities and environments. Thus, reproductive justice not only includes access to reproductive healthcare, such as birth control and abortions, but it also encompasses economic factors, such as pay equity, childcare costs, and more.

Since the Dobbs decision, there has been an influx of state bans on abortion at various points of gestation and with ever-varying limitations. The most common in the mainstream knowledge base would be Idaho’s ban, one of the nation’s strictest which went into effect in August 2022 (not long after Dobbs). Idaho bans abortion at 6 weeks, with minimal exceptions for the life of the mother and in cases of reported rape or incest, making it one of the most restrictive bans in the country. However, there are 15 other states with some of the most restrictive abortion bans as well.

Anti-abortion conservatives have also begun attacking other aspects of reproduction, further bringing the need for reproductive justice to the forefront. In the last two years, there has been an increase in the dis- and misinformation being spread regarding birth control – calling them abortifacients.

Now, I want to be explicitly clear here. Birth control, be it intrauterine devices (IUDs), the standard pill, or a Plan B emergency contraceptive are NOT abortion-inducing drugs. Contraception prevents pregnancy; it does not end it. Because of this misinformation, attempts to secure the right to birth control or attempts to increase access are not passing within state legislatures. And in Idaho, state elected officials are seeing are being pushed to ban access to emergency contraception and IUDs.

Let’s not forget the chaos surrounding in-vitro fertilization (IVF) because of Alabama and this state’s Supreme Court. As a reminder, in February the Alabama State Supreme Court ruled that frozen embryos are recognized as children under state law. Now the big question is whether, because of this decision, IVF is banned within the state given that not all embryos are viable after being frozen and thawed for placement. So many of the state bans on abortion also include fetuses within the definition of personhood. The impact of the Alabama IVF decision is further-reaching than just the state, especially with the nation’s patchwork web of definitions of personhood because of these bans.

Federal lawmakers have begun trying to clarify and codify access to birth control and IVF. Earlier in June, Senate Democrats hoped to bring a floor vote forward to establish the right to IVF as a method of conceiving. However, the bill, which was authored by Sen. Tammy Duckworth (D-IL), who conceived her children with the help of IVF, was blocked by the GOP because of claims of religious freedom and states’ rights concerns. Senate Democrats have also seen the Right to Contraception Act be blocked by the GOP around the same time. Missouri Sen. Hawley states that his concerns regarding the Right to Contraception Act are regarding state laws and how the bill could lead to mifepristone, one of two medications used in the abortion pill, being available in states regardless of their laws.

Last month there were two small wins within the reproductive justice space. SCOTUS had two cases before it that were related to abortion – Alliance for Hippocratic Medicine v FDA and Idaho v. United States. For the first case, the suit took aim at the Food and Drug Administration (FDA) challenging the agency’s approval of mifepristone, arguing that the FDA did not adequately consider the evidence back in 2000. SCOTUS unanimously ruled that the Alliance for Hippocratic Medicine and the other plaintiffs in the case did not have the standing to challenge the FDA. SCOTUS ruled to dismiss Idaho v. United States thus leaving in place the order that blocks Idaho from enforcing its current abortion ban, described above. In this case, the Department of Justice (DOJ) filed against Idaho, arguing that the state’s abortion ban violates the Emergency Medical Treatment and Labor Act (EMTALA).

Overall, the anti-abortion groups are expanding their work well beyond simply abortion. Thirty years ago, the Women of African Descent for Reproductive Justice recognized that the then-pro-choice movement was not enough; it left women of color and other disenfranchised women behind and out of the conversation. These women expanded their work to also include childbirth and child-rearing. With the current attacks against contraception, as well as the uncertainty and expected attacks against IVF, the pro-choice movement must expand as well. It is time for the nation to begin working toward reproductive justice.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL submits letter to CDC urging them to make flu and COVID vaccines available at same time

/in , , , , , , , /by

June 25, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – Last week, NCL submitted comments to the Centers of Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices (ACIP) in response to their request for public comments in advance of the ACIP meeting being held June 26 – 28, 2024 in Atlanta, Georgia. During this meeting, ACIP will be discussing several vaccines, including but not limited to COVID-19, flu and RSV vaccines. The committee will also be voting on recommendations many of the vaccines discussed, including COVID, flu and RSV for adults.

In the comments, NCL urges that the Committee do all in its power to ensure that both flu and COVID vaccines are made available at the same time, thus allowing patients to receive both vaccinations at the same appointment. NCL also asks that ACIP review the current recommendations for the RSV vaccine, specifically the shared clinical decision-making requirement. To read NCL’s comments in full, click here.

The Advisory Committee on Immunization Practices (ACIP), which is composed of fifteen medical and public health experts and is charged with advising the CDC Director on the use of vaccines and the adult and childhood immunization schedules. ACIP meets regularly to review data, studies and proposals for vaccines, and as needed for emergency cases. Meetings are open to the public, and since COVID they have been streamed online. The June 26 – 28 meeting will be streamed online, via YouTube and is available to watch here.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Patients can’t afford Congress delaying PBM reform another year

/in , , , /by

By Robin Strongin, Senior Director of Health Policy

As the 2024 political campaigns intensify, we’re going to be hearing a lot from candidates about what they’re going to do to make healthcare more affordable. The problem is, we’re dealing with high out-of-pocket costs right now and we shouldn’t have to wait until after another election for something to be done about them, especially when the current Congress has solutions today.

As I navigate my husband’s care through his battle with Lewy body dementia and speak to other patients and their loved ones, I have become all too familiar with the practices certain players in our healthcare system use to boost their already extraordinary profits at our expense. Pharmacy benefit managers, or PBMs, are a prime example of this and we urgently need legislation to rein in their actions that are affecting both the costs we pay for care and access to the medicines our families need.

Several committees in both the U.S. House and Senate have been working on PBM reform legislation for months and there are multiple bills that could be passed now and sent to President Biden for his signature. With the time they will be taking off for campaigning, lawmakers have very few days left that they will be in Washington, D.C. this year. It would be all too easy for them to kick this can down the road and let the next Congress deal with it.

We need to raise our voices to demand that they don’t pass on this opportunity to make a difference.

There are two elements of PBM reform that could have an immediate impact on costs and prescription drug accessibility that Congress should pass without hesitation:

  • Disconnect PBM profits from drug prices. Right now, PBMs generate revenues from the rebates they demand from drug manufacturers. The higher the drug costs, the more they make in rebates and, consequently, they steer patients to medicines that cost more and block access to lower-priced generics and biosimilars. Enough is enough. Pass legislation that will have PBMs paid a flat fee for their services and remove the perverse incentives that are forcing patients to pay more and that place financial interests between patients and their healthcare providers.
  • Mandate that the PBMs pass along those negotiated rebates and discounts to consumers. Currently, these middlemen are moving those dollars into their own pockets. These savings should be going to patients at the pharmacy counter. It’s just common sense.

These are urgent issues that affect the lives and pocketbooks of millions of Americans. Yes, it’s great that politicians are making promises about how they will fix healthcare costs next year, but we need action now. Congress must pass PBM reform legislation before they adjourn this year.

NCL welcomes the 340B ACCESS Act

/in , , , , , , , , /by

May 30, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – The National Consumers League welcomes the introduction of the 340B Affording Care for Communities and Ensuring a Strong Safety-Net Act (340B ACCESS Act), which makes needed reforms to protect the 340B program from misuse while lowering drug costs for low-income patients. We are particularly supportive of the proposed ban on aggressive debt collection practices as a condition for hospitals participating in the program. Such practices are unacceptable and out of sync with the mission of a safety-net provider.

Just this week the Wall Street Journal featured an article highlighting the aggressive debt collection practices of a rural Kansas hospital that is suing low-income patients over unpaid medical bills. This legislation ensures that hospitals cannot exploit their 340B status to deny patients who need access to charity care and then sue them for medical debt.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

iStock-1089974760_Biosimilars - Copy (1)

Biosimilars: What Consumers Should Know

/in /by

May 29, 2024: On this health series episode of NCL’s “We Can Do this” podcast, Director of Health Policy, Robin Strongin, sits with Sarah Ikenberry, Senior Communication Advisor for the Office of Therapeutic Biologics and Biosimilars at US Food and Drug Administration, and Julie Reed, Executive Director of the Biosimilars Forum.

Read more

2024 Script Your Future Medication Adherence Team Challenge awards six winners across four categories

/in , , , /by

May 23, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

The thirteenth annual Script Your Future contest saw participation by 16 schools in 9 states and DC and directly communicating with over 12,000 patients nationwide.

WASHINGTON, DC – Today, the National Consumers League (NCL) and its partners announced the winners of the thirteenth annual Script Your Future Medication Adherence Team Challenge, a competition designed to engage pharmacy students and faculty across the nation by encouraging teams to develop creative initiatives to raise public awareness about the importance of medication adherence, vaccine confidence, and safe drug disposal, among other topics.

This year, NCL saw not only a robust increase in the number of schools of pharmacy participating, but an exciting array of creative solutions to the medication adherence challenges consumers face. All participants focused on greatly increasing their connections with their communities, by focusing on patients underserved by the healthcare system, and with each other, by working closely with other professional groups and key stakeholders. After much deliberation and review, this year’s winners are

  • Saint Joseph’s University,
  • Temple University,
  • University of New Mexico,
  • University of Charleston,
  • High Point University, and
  • Lake Erie College of Osteopathic Medicine (LECOM).

The 2024 Script Your Future Team Challenge is an awareness campaign coordinated by NCL with support from its partners and the Challenge sponsors – Bayer, Eli Lilly, Kenvue, Pfizer, USP, the Alliance for Safe Online Pharmacies Global (ASOP Global), the American Society of Health System Pharmacists (ASHP), the Association for Accessible Medicines Biosimilars Council, the Biosimilars Forum, the National Association of Boards of Pharmacy (NABP) and the National Community Pharmacists Association (NCPA).

This year’s winners, selected from dozens of applications and 16 participating educational institutions, are listed below.

National Award Winner: St. Joseph’s Philadelphia College of Pharmacy – PA

The St. Joseph’s Philadelphia College of Pharmacy team is one of the National Award winners for 2024! During the 2024 Challenge, students on the St. Joseph’s team decided to focus on a theme of “knowledge is key”. Their goal was to help patients learn more about their conditions and improve adherence and have healthcare providers learn more about identifying nonadherence and combatting it. Not only did the St. Joseph’s team collaborate within their community and their campus, but they also broadened their Script Your Future activities beyond their community via a Humanitarian Service-Learning trip to Costa Rica! The St. Joseph’s Philadelphia College of Pharmacy team was able to reach nearly 800 people within their communities, and beyond.

National Award Winner: Temple University School of Pharmacy – PA

Temple University is a long-time participant of the Script Your Future Team Challenge and this is their second time winning the National Award! This year, Temple students at the school of pharmacy not only continued to collaborate with health and community organizations in Philadelphia, including Temple University Hospital and its affiliated clinics, but also focused on meeting their community members where they were by working with grocery stores, libraries and student centers. Temple’s team worked with ShopRite grocery stores and Temple Health to have students fill a gap and provided comprehensive medication review for patients stopping at the Temple Health hub. The team also worked with the AIDS Healthcare Foundation to offer free HIV testing to undergraduate students and discuss medication use, adherence and disease stigma. Through their events this Challenge, Temple students reached over 400 community members.

Under-Represented Community Outreach Award Winner: Lake Erie College of Osteopathic Medicine (LECOM) School of Pharmacy – PA

The 2024 Under-Represented Community Outreach Award goes to LECOM for the 2024 Script Your Future Team Challenge. This year, LECOM’s team, over the course of 60 service events, was able to counsel and connect with over 1300 individuals. By working with local officials and other community organizations, LECOM specifically reached out to their community members effected by poverty and disability. Through their partnership with the County Fair organizers and by organizing regular health fairs and several series of regularly scheduled education sessions, LECOM successfully focused on their community members who may not receive adequate care otherwise. This focus on community members who are underrepresented across healthcare or may have harder struggles with engaging with necessary healthcare, was greatly impressive.

Media/Communications Award Winner: High Point University – NC

The first of two Media/Communications Awards for the 2024 Challenge is awarded to High Point University! This year, High Point University hosted ‘surge challenges’ where students completed infographics and videos. These graphics and videos were then used to further educate the public and healthcare professionals about medication adherence and awareness. Additionally, the High Point team, in partnership with the other pharmacy schools across the state, participated in a Flu-be-gone challenge, to see which school administered the most flu vaccines in a specific week. The team was able to administer over 430 flu vaccines across the week through the Flu-be-gone challenge. Through creative, and catchy, communications the High Point University team connected with over 2800 of their community members.

Media/Communications Award Winner: University of Charleston School of Pharmacy – WV

The second of this year’s Media/Communications Awards goes to the University of Charleston School of Pharmacy (UCSOP)! With a decade of submissions, UCSOP has been a long time participate of the Team Challenge. This year, UCSOP, in collaboration with the West Virginian Pharmacists Association, participated in a legislative advocacy day at the state capital. With over 70 UCSOP students, faculty and staff participating, UCSOP spoke with local news and their state elected officials on a number of important bills related to medication adherence and the pharmacist’s role in health and patient care! The team also hosted an Out-of-the-Darkness walk focusing on suicide prevention and manned a booth at the city of Charleston’s Green Chilli Cookoff. Overall, UCSOP’s communication and outreach efforts were creative, impressive and impactful to their community.

Inter-Professional Award Winner: University of New Mexico College of Pharmacy – NM

As a first-year participant, we’re excited to award the University of New Mexico College of Pharmacy the Inter-Professional Award for 2024! For their first year, the team at the University of New Mexico was able to work with nearly 30 students from 8 different healthcare programs at the University, including biomedical sciences, population health, occupational and physical therapy programs and many more. We were incredibly impressed with the events and the interprofessional outreach that the team was able to accomplish. Across two events, University of New Mexico was able to engage with 300 community members.

Congratulations to the winners of the 2024 Script Your Future Medication Adherence Team Challenge!

A word from NCL

“Despite the chaos many universities have experienced across the country, it is heartening to see that students and faculty are coming together to collaborate on important issues in their communities. Healthcare generally, and medication adherence specifically, can be a matter of life or death for many consumers. NCL is very proud of the hard work, dedication, enthusiasm, and commitment to community the Script Your Future challenge teams, partners, and supporters continue to exhibit. Congratulations to all of the teams.”  –  NCL Director of Health Policy Robin Strongin

To learn more about Scrip Your Future and the Medication Adherence Challenge, visit Script Your Future  website or contact Sam Sears at samanthas@nclnet.org.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL statement on Senate Reintroduction of Cannabis Administration and Opportunity Act

/in , , , , , , , /by

May 15, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Last week, Senate Democrats reintroduced legislation to revamp federal cannabis policy. The Cannabis Administration and Opportunity Act aims to legalize cannabis at the federal level, create a new regulatory framework for cannabis, expand research into cannabis’ potential and risks, and more.  The National Consumers League (NCL), the nation’s oldest consumer advocacy organization, has been actively monitoring the growing threats to consumer safety as the market for untested, unapproved cannabis products has exploded. NCL Chief Executive Officer, Sally Greenberg, released the following statement:

“We are grateful to Senators Schumer, Wyden, and Booker for their ongoing leadership in this space and for acknowledging the critical role of FDA in helping to protect public health. As cannabis products have grown in popularity – and most recently, high THC products have perpetuated the market – it is increasingly important that, if cannabis is legalized, our federal policies and regulations are science-based and prioritize public health. We know that cannabis manufacturers often make misleading or even false claims about their products ability to mitigate or even cure various health issues and consequently our leaders must help consumers better navigate this marketplace across the U.S. FDA is best positioned to achieve that outcome. A new report reiterates the need to ensure that FDA has sufficient regulatory tools and resources to mitigate public health risks and that more research be done to better understand the benefits, risks, drug interactions, etc. of cannabis products.”

Learn more about the cannabis consumer market and the path to safe cannabis at cannabiswatch.org.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL on Upcoming Congressional Hearings with UnitedHealth Group CEO Andrew Witty

/in , , , , , , , , , /by

April 30, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Tomorrow, the Senate Finance Committee and House Energy and Commerce Committee will hear from UnitedHealth Group CEO on the insurance company’s cyberattack that put millions of medical records and patient privacy at risk.

The cyberattack is, of course, cause for concern, but there are also several other ways major insurance companies like UnitedHealth Group are hurting consumers. These companies have taken over the prescription drug marketplace – they are integrated with the pharmacy benefit managers (PBMs) who gatekeep our prescriptions, limiting access and increasing out-of-pocket costs.

Here are the top questions American consumers deserve answers to:

  • How will your company work to not only protect patient data going forward, but also protect patient choice and power in their healthcare decision-making?
  • Can you explain the relationships and makeup of UHG, Optum Rx, and Optum Health? How does this vertical integration give consumers a fair choice when it comes to their health when there is a clear incentive to keep patients – and thus profit – in the UHG family?
  • UnitedHealth Group’s PBM Optum Rx claims to benefit consumers by negotiating rebates with drug manufacturers – why, then, aren’t consumers experiencing lower costs at the pharmacy counter?
  • How much does Optum Rx collect each year in rebates from drug manufacturers? How much profit does the UHG corporation rake in from prescription drug purchases?
  • Is UHG aware of the significant health and financial challenges that prior authorization requirements impose on consumers and their families?

The insurance industry is riddled with poor incentives that ultimately hurt consumers. Lawmakers have an opportunity this week to shine a light on these problems. We need bipartisan reforms to give consumers more power when it comes to their prescriptions, and ultimately, their health.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL responds to Senators Crapo, Wyden announcement on needed PBM reforms

/in , , , , , , , , , , /by

March 14, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League (NCL) today released a statement following Senators Ron Wyden (D-OR) and Mike Crapo (R-ID) recent press conference announcing their push to include bipartisan PBM reforms in the broader funding package.

The following statement is attributable to NCL Chief Executive Officer, Sally Greenberg:

“For far too long now, PBMs have been taking advantage of our drug pricing system, finding ways to increase their profits without delivering value to consumers. Now, after years of investigations, pharmacy closures and high out-of-pocket costs, our leaders are doing something about it. By disconnecting Medicare prescription drug costs from PBM profits, this legislation will address one of the many ways PBMs use the system to their financial advantage. Congress has a huge opportunity to help seniors better afford and access the medications they need. We urge Congress to get this done without delay.”

Learn more about NCL’s work to address the PBM problem here.

###

About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.