NYRx PHARMACY BENEFIT CARVE OUT

 

Changes in how pharmacy benefits are supplied under New York's Medicaid program are coming. Earlier this year, the state reported that to lower prescription drug costs, it would carve out its Medicaid pharmacy benefits and transition to a fee for service delivery model. On April 1, 2023, Medicaid members will start receiving their pharmacy benefits under the state's new delivery model, NYRx.

New York's carve out strategy is designed to decrease pharmaceutical drug costs by consolidating the state's purchasing power. In addition to lowering costs, the carve out is also geared to improve access to care and reduce restrictions by introducing a single drug formulary.

The decision to carve out, however, has not gone unnoticed. Over the past year, there has been a growing amount of criticism directed at the state's decision. The advocacy organization, Save NY's Safety Net, wrote the state's governor earlier this month and requested that she reverse the decision. They are concerned over its impact on the delivery of healthcare to the state's most vulnerable populations. They also warned the governor that the carve out would negatively affect the Medicaid program's provider network. According to the coalition, "many existing facilities will be forced to close completely, and hundreds of frontline community healthcare workers will lose their jobs."

Advocates of the carve out, like New York state Assemblyman John McDonald, disagree with the advocacy groups. He strongly believes that the shift will help more program recipients than it hurts.

According to the New York State Department of Health, "moving all Medicaid consumers under the FFS Pharmacy Program allows for a single, uniform list of covered drugs and standardized, consistent rules and regulations. Thus, New York State is able to offer an improved, simplified process for Medicaid consumers to get the medicines and supplies they need."

Each year prescription drug spend accounts for a larger percentage of state budgets. To reduce these costs, some states like New York have chosen to transition to fee for service models and carve out pharmacy benefits. While this is one approach to try and reduce costs, states should also identify opportunities to improve efficiency and cost avoid in their Medicaid plans.

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HB 3388 SEES SIGNIFICANT CHANGES

2019 has been a busy year for healthcare legislation in Texas and one proposal, in particular, intended to carve out PBM's altogether. House Representative J.D. Sheffield (R) introduced HB 3388 on March 6th in an attempt to reform the delivery of prescription drugs to a fee-for-service model for Medicaid and various other public benefit programs. However, during its time in the House, it went through a series of significant changes.

INTRODUCED HB 3388

Initially, HB 3388 was directed toward the delivery of outpatient prescription drug benefits. It proposed extreme changes such as:

• Replacing the vendor drug program with a fee-for-service delivery model.

• HHSC would eliminate any requirement to pay fees included in the capitation rate or other amounts paid to MCOs related to the provision of outpatient prescription drug benefits.

• If HHSC contracts with a claims processor to administer the outpatient prescription benefit program, HHSC would then reimburse the claims administrator for the prescription drugs and a contracted administrative fee.

• HHSC would apply clinical prior authorization requirements state-wide and use prior authorizations to regulate unnecessary utilization.

• HHSC contracts with MCOs would be changed to prohibit the MCO from providing outpatient prescription drugs by December 31, 2019, and would restrict an MCO from developing, implementing, or maintaining an outpatient pharmacy benefit plan for recipients beginning on the 180th day after the date HHSC begins providing outpatient prescription drug benefits.

COMMITTEE SUBSTITUTE

During its time in the House, the bill's focus shifted and the committee's substitute did not include any provisions from the original. CSHB 3388 changed course and focused on the reimbursement of prescription drugs under Medicaid and CHIP rather than the delivery of drug benefits. Under the revised version:

• MCOs providing services under Medicaid or CHIP would be mandated to reimburse retail and specialty pharmacies a minimum of the lesser of the reimbursement amount for the drug in the vendor drug program, including a dispensing fee that is not less than the dispensing fee under the vendor drug program, or the amount claimed by the pharmacy or pharmacist, including the gross amount due or the usual and customary charge to the public for the drug.

• MCOs would be required to reimburse pharmacies that dispense a prescription drug at a discounted price under Section 340B of the Public Health Service Act not less than the reimbursement amount for the drug under the vendor drug program, including a dispensing fee that is not less than the dispensing fee under the vendor drug program.

• HHSC would perform a study every two years to analyze Texas pharmacies' actual acquisition costs and dispensing cost.

• Bill 3388 would take effect on March 1, 2020.

Supporters of the bill believe that pharmacies would get fairer reimbursement of prescriptions filled for Medicaid and CHIP. They point out that the bill would improve transparency since it would use NADAC as a pricing benchmark. It would also not affect which drugs the programs covered.

On the other hand, opponents say that the bill has the potential to raise state costs by changing reimbursement methodology. Their position is that PBMs help to negotiate the best possible deals and protect patients from being prescribed unnecessary medications. They are concerned that the bill would negatively affect patient outcomes while increasing ER visits and opioid prescription rates and decrease medication adherence.

HB 3388 was voted on in the House on May 4th and it has been referred to the Health and Human Services Committee. If the bill is approved it will surely impact healthcare within the state. While the revised bill does not include a pharmacy carve out, it's a clear indication that lawmakers are focused on rising healthcare and prescription drugs costs and what they can do to remedy the problem.

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