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

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.

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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 comments regarding Proposed Rule: Medication Guides: Patient Medication Information Docket No. FDA-2019-N-5959

November 21, 2023

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

The National Consumers League recently submitted comments regarding the Proposed Rule, Medication Guides: Patient Medication Information, that we believe will greatly improve the information patients receive with their prescription medicines.

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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.

The National Consumers League sent a letter urging Senate Committee on Commerce, Science and Transportation to ensure that consumers get a fair deal at the pharmacy

February 21, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League (NCL) sent a letter urging Senate Committee on Commerce, Science and Transportation to ensure that consumers get a fair deal at the pharmacy. When it comes to the high out-of-pocket costs consumers face at the pharmacy counter — often for lifesaving medications — consumers today have an unfair disadvantage.

“With three PBMs controlling nearly 80 percent of all prescription drug claims, it is timely that lawmakers are looking at PBMs’ role in driving up the cost of drugs to consumers and patients,“ said Sally Greenberg NCL Chief Executive Officer. “We are encouraged to see the committee looking into the workings of PBMs and we are supportive of your efforts to hold these entities accountable.”

Beyond addressing the antitrust issues and increasing transparency of PBM revenue streams, we encouraged legislators to:

  • Remove medication barriers: PBMs should not be allowed to limit access to the medicines doctors prescribe.
  • Require PBMs to pass on savings directly to consumers: PBM rebates should be shared so that consumers can benefit from more affordable out-of-pocket costs. Additionally, patient cost-sharing should be based on the net cost of the drug, not the list price.
  • Ensure simple, single administrative PBM fees: PBMs too often tack on arbitrary fees to local pharmacies, with many independent and community pharmacies struggling to stay in business, this trickles down to the consumers, resulting in increased prices and pharmacy closures, leading to many communities facing pharmacy deserts.
  • Ensure PBM profits are not tied to the costs of medications: The system currently incentivizes PBMs to favor medicines with higher list prices so that they can negotiate larger rebates and/or steer patients to medicines with higher price tags to increase their own profits.

With the many evolving ways PBMs too often put profit over consumer interests, it is crucial that federal consumer protection agencies like the FTC have the tools needed to address the PBM problem.

To view the full letter, click here.

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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’s Greenberg joins panel to discuss the challenges and opportunities of the generic and biosimilar industries

February 15, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – NCL’s CEO Sally Greenberg spoke at the Association of Accessible Medicines and International Generic and Biosimilar Medicines Association Annual Meeting in Orlando, FL on Wednesday, February 15, 2023.

Greenberg joined the panel “The Generic and Biosimilar Industries Global Reputation” moderated by former NY Times journalist Gardiner Harris.

In her statements, Greenberg made the following points:

  • The generic and biosimilar industry has saved the US health care system an estimated $2.4 trillion between 2011 and 2020 and the industry is incredibly important to a well-functioning health care system.
  • NCL reinforces the messages with consumers that generic drugs contain the same active ingredients in the same dosages as brand name drugs, are every bit as safe and effective, but cost far less.
  • Biosimilars, developed after patents expire on brand name biologics, are as safe and effective as the original biologic, both brand biologics and biosimilars are rigorously and thoroughly evaluated by the FDA before approval and biosimilars have no clinically meaningful differences from the original biologic.
  • Over 90% of drugs are available in a generic version today, compared to less than 19% less than 4 decades ago, saving consumers and patients many millions of dollars each year.
  • The role of consumer advocacy groups like NCL will continue to be as an independent voice disseminating accurate, evidence based, scientifically grounded information about medicines and their safety and efficacy.

For the first time since 2014, the 25th International Generic and Biosimilar Medicines Association (IGBA) Annual Conference will be held in the United States, in conjunction with AAM’s Access! 2023 Annual Meeting. This event offers an opportunity to hear from leading global stakeholders, industry leaders, and other experts offering their views and analysis of the most pressing policy questions influencing patient access to generic and Biosimilar medicines in countries around the world.

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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.

The National Consumers League supports the bipartisan S 4918 (117th Congress) “Increasing Prescription Drug Competition Act”

February 7, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – NCL is the nation’s oldest consumer and worker advocacy organization, formed in 1899 to work for a fair marketplace for all. NCL has long supported robust competition and affordable, accessible drugs for patients and consumers. We therefore appreciate the opportunity to provide our support for the bill introduced in the 117th Congress entitled “Increasing Prescription Drug Competition Act”, co-sponsored by Senator Maggie Hassan (D-NH) and Senator Mike Braun (R-IN). This legislation would bar the use of various loopholes in the law to block the introduction and sale of competitor drugs. One such familiar technique brand drug makers have used is claiming that a REMS programs (Risk Evaluation and Mitigation Strategies) required by the FDA for the brand version of the drug, prevents a competitor drug from entering the market. This argument goes against the prevailing view within the FDA and the FTC that a REMS requirement on the brand name drug must not be used as a way to block competition.

The Federal Trade Commission voted 4-0 to file an amicus brief  with the U.S. District Court for the District of Delaware on this topic.  The FTC brief takes no position on the scope or claim construction of the patent, but argues generally that there is significant harm to consumers when a brand lists a patent on a distribution system in the Food and Drug Administration’s “Orange Book” of approved drugs and thereby blocks the introduction of lower-cost generic medications or other follow-on competition. The FTC’s amicus brief explains how the Orange Book listing process can be abused, and emphasizes the harm to competition and consumers that can result from that abuse, including depriving consumers of potential competition from lower-cost alternatives and the ability to choose between products.

By way of background, we note these additional points:

  • REMS, or Risk Evaluation and Mitigation Strategies, are required by FDA for certain medications to ensure that the benefits of the drug outweigh its risks.  The sole purpose of a REMS is to protect patient safety
  • Despite policies that the former FDA Commissioner, Dr. Scott Gottlieb announced in 2018 to reduce the use of REMS programs as a way to block competition and access, followed by the CREATES act, which was signed into law in 2019, loopholes remain today
  • We look forward to the reintroduction of the bi-partisan bill proposed last fall by Senator Hassan (D-NH)and Senator Braun (R-IN), “Increasing Prescription Drug Competition Act”, which would no longer allow FDA approvals of medications to be delayed due to patents listed in the FDA “Orange Book” on REMS
  • We hope the legislation will address the problem of companies taking advantage of FDA-mandated safety programs at the expense of patients receiving innovative competitor medications, or generic medications. We believe that “Increasing Prescription Drug Competition Act”, bill will help to address that problem.

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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 https://nclnet.org.

The National Consumers League applauds the FTC’s decision to investigate PBMs

June 14, 2022

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, (202) 207-2832

Washington, DC— NCL is deeply concerned by the lack of transparency and accountability surrounding pharmacy benefit managers (PBMs). The pervasive power of PBMs in the pharmaceutical industry has raised out-of-pocket costs for consumers and made it more difficult for them to receive essential medical treatment. NCL believes that the FTC’s investigation into PBMs represents a significant first step to addressing these issues.

The PBM system was originally intended to work on behalf of employers, health plans, labor unions, and states, to negotiate with drug manufacturers and process prescription drug claims. However, as their power and influence in the market has grown, there are major concerns that PBMs have increasingly prioritized profits, with consumers paying the price.

With the highest profit rates of any corporations in the prescription drug supply chain, PBMs have pocketed more than $450 billion in revenue in 2020, a stark $150 billion increase from eight years ago.  More concerning is that now, just three PBMs account for approximately 77 percent of all equivalent prescription claims.

PBMs often demand that drug companies provide them “rebates” or discounts to offer medicines as part of a drug benefit plan. While implemented to lower consumers’ out-of-pocket costs, these theoretical consumer savings seem to be nonexistent. In addition, to increase profits, PBMs intentionally steer consumers to higher-priced drugs, regardless of patient and treatment considerations.

As the most prominent PBMs have vertically integrated with the largest health insurance companies, they are employing monopolistic-like practices to increase prescription prices, limit consumer choice, and stifle market competition. NCL is encouraged that the FTC is taking preliminary action to hold PBMs accountable. In addition to this investigation, policy-makers and the FTC must continue to address the lack of regulatory oversight with the utmost urgency.

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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.

 

National Consumers League supports the HELP Copays Act to make prescription drugs more affordable for consumers

June 2, 2022

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, (202) 207-2832

Washington, DC— The National Consumers League (NCL) is pleased to support the HELP Copays Act (H.R. 5801), introduced by Representatives Donald McEachin (VA-04) and Rodney Davis (IL-13). NCL stands with other aligned stakeholder groups, as part of the All Copays Count Coalition (ACCC), to protect patients from increased out-of-pocket medical costs and ensure that essential and life-saving drugs are readily accessible for all consumers.

NCL’s support of the Help Copays Act follows our organization’s long history of ensuring access to health care and a fair marketplace for consumers in the United States. Across the nation, the cost of drugs vital to patients’ health and wellbeing are unaffordable for many families. This has made co-pay assistance including discounts, coupon cards, vouchers, donations, and more, a key tool for enabling people to pay for their prescriptions. However, recent policies, mainly copay accumulator adjustment programs instituted by health insurance and pharmacy benefit managers (PBMs), block these contributions from patients’ deductibles and out-of-pocket maximums, resulting in more costs for consumers.

The pandemic has only exacerbated consumers’ struggles to afford the medical treatment they need. A recent report by HIV and HEP Policy Institute, discusses how the average family cannot afford to cover the deductibles of their employer-sponsored health plans. The Help Copays Act will require these health insurance plans to count all forms of co-pay assistance towards patients’ out-of-pocket maximums, making essential drugs and treatments more affordable.

NCL supports H.R. 5801 as a solution to reducing the barriers that prevent our nation’s most vulnerable from receiving the medicines they need to maintain and improve health outcomes. According to a survey conducted by the National Hemophilia Foundation, 80 percent of voters support this bipartisan effort to ensure that copay assistance counts towards patients’ deductibles. NCL strongly urges policy-makers to fulfill their obligation to their constituents and support The Help Copays Act as this legislation is an important step in improving access to health care and establishing a fair marketplace for all consumers.

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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.

 

2022 Script Your Future Medication Adherence Team Challenge Winners

The eleventh annual Script Your Future contest saw participation by 24 schools in 11 states and directly counseled nearly 7,000 patients nationwide

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, (202) 207-2832

May 13, 2022

Washington, DC —Today, the National Consumers League (NCL) and its partners announced the winners of the eleventh 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.

This year’s winners are Wilkes University, Temple University, Western University, Northeast Ohio Medical University (NEOMED), University of Pittsburgh, and Touro University California.

The 2022 Script Your Future Team Challenge is an awareness campaign coordinated by NCL with support from its partners and the Challenge sponsors—Eli Lilly, Deterra, the American Association of Colleges of Pharmacy (AACP), the American Pharmacists Association (APhA), and the National Community Pharmacists Association (NCPA).

The Team Challenge was first established in 2011 to nurture adherence-minded values in future generations of professionals entering the workplace.

In 2022, our Team Challenge student health professionals spread messaging on the importance of medication adherence, vaccine confidence, and a new health topic: safe drug disposal. This year, over 1,000 future healthcare professionals and volunteers from across 11 states participated in the Team Challenge.

2021 Medication Adherence Team Challenge Winners

This year’s winners, selected from dozens of applications and 24 participating educational institutions, are listed below.

National Award Winner: Wilkes University Nesbitt School of Pharmacy – PA

Wilkes University is a fourth-time participant of the Script Your Future Team Challenge, and a first-time winner of the National Award! During the 2022 Team Challenge, students on the Wilkes team successfully collaborated with Highmark Health pharmacists to create a medication adherence questionnaire that was circulated to patients. They also creatively used social media, including TikTok and YouTube, to spread messages about the importance of medication adherence, vaccine confidence, and safe drug disposal. These messages got over 58,000 views. Students were also able to vaccinate patients for COVID-19 (boosters), Shingles, and Influenza. The Wilkes team was able to directly counsel 1,184 patients, and reached 49,313 people through their outreach efforts.

 

National Award Winner: Temple University School of Pharmacy – PA

Temple University is also a first-time winner of the Script Your Future National Award! This year, Temple students of pharmacy collaborated with health and community organizations in Philadelphia, including Temple University Hospital, and its affiliated clinics as well as the places where people live their lives such as local community pharmacies, parks, churches, charitable organizations, and schools. For example, Temple’s team worked with Dispose Rx to spread messages about the importance of safe drug disposal in North Philadelphia. This team also worked with the Children’s Mission to serve people who have no or unstable housing, and counseled them on their medications along with conducting blood pressure checks. Temple students directly counseled 234 patients, and reached over 400 patients through their activities.

 

Health Disparities/Underserved Focus Award Winner: Northeast Ohio Medical University School of Pharmacy – OH

The Northeast Ohio Medical University School of Pharmacy (NEOMED) team is this year’s winner of the Script Your Future Health Disparities Award! NEOMED’s team focused on reaching low-income and homeless individuals, the elderly, and refugees. NEOMED students worked with the Center for Families and Children, IKON Health Foundation, and Rose Centers for Aging Well to reach these underserved populations. Through their efforts, the NEOMED team vaccinated 456 patients, directly counseled 1,323 patients, reached 1,923 patients, and distributed and donated 3,254 resources.

 

Media Outreach Award Winner: Western University School of Health Sciences, College of Pharmacy – CA

This year’s winner of the Media Outreach Award is Western University College of Pharmacy! This team implemented creative uses of traditional and social media to spread messaging related to medication adherence, vaccine confidence, cardiovascular disease, diabetes, interprofessional collaboration, antimicrobial resistance, and safe drug storage & disposal. They created a brand-new podcast series that aimed to provide information on these topics, and made them available on multiple media platforms including Spotify, Apple Podcasts, Google Podcasts, and their website. The podcast series can be found here. Across all of these platforms, Western University’s team was able to get 1,203 views.

 

Creative Interprofessional Team Event Award Winner: University of Pittsburgh School of Pharmacy – PA

University of Pittsburgh’s pharmacy students demonstrated great interprofessional collaborations with other health professional students at their university. Their team included students from the University of Pittsburgh’s School of Dental Medicine, School of Health and Rehabilitation Sciences, School of Medicine, School of Nursing, and School of Social Work. Their multi-disciplinary intervention with different health professional students helped to bring multiple perspectives and skills sets together to bridge gaps in expertise when counseling patients. Their interprofessional team documented over 1,800 unique patient encounters at community pharmacy sites, including patients with disease states like hypertension, diabetes, and dyslipidemia to transplant and neurologic disorders.

 

Technology Innovation Focused Award: Touro University California, College of Pharmacy – CA

Touro University’s pharmacy students implemented creative uses of technology to increase messaging for medication adherence. They created a digital medication adherence wallet card, to help patients keep track of their medications in a more convenient way. Given that technology is so widely used today, this was a great effort by the students. They did mention an important issue, that there are people who do not have internet access, so these digital cards were given in complement with the physical wallet cards.

2022 School

Congratulations to the winners of the 2022 Script Your Future Medication Adherence Team Challenge!

 

A word from NCL and one of our generous Script Your Future sponsors

“The Script Your Future program has been a great way to engage future health professionals and spread messages about the importance of medication adherence, vaccine confidence, and now, safe drug disposal. As we are still combatting the COVID-19 pandemic, it is important to keep patients on top of their health care needs, and participants of this program have been a part of these efforts. This year, we had over 1,000 participants conduct community outreach activities, and NCL continues to be impressed by the impact these students have on their respective communities across the country.”

  • NCL Executive Director, Sally Greenberg

 

Student pharmacists have been important contributors to the outreach to communities, especially throughout the pandemic. Medication adherence, vaccine access, and substance use prevention are critically important priorities and AACP appreciates NCL’s commitment to this recognition program.

  • American Association of Colleges of Pharmacy (AACP) Executive Vice President and CEO, Lucinda L. Maine, PhD, RPh

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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.