July 10, 2023
Subject: Open Letter to OSPA Members Regarding PBM Reform Bills
Dear OSPA members,
As you probably have heard by now HB 2725 regarding DIR fees passed this legislative session and is headed to Governor Kotek’s desk for signing.
This was a good win for pharmacies because it prevents PBMs from retroactively denying or reducing payment on a claim for reimbursement of the cost of services after the claim has been adjudicated by the PBM at ALL pharmacies in Oregon. It also provides funding for one staff person at DCBS to enforce this law.
However, our comprehensive PBM reform bill, HB 3013, had a vote of 14-11 and did not receive a constitutional majority to pass. Needless to say, this was extremely disappointing for a number of reasons. This bill had the enforcement piece we desperately needed at DCBS, creating 5 jobs dedicated to PBM investigations to assist in regulation. We had bipartisan support throughout the process and hit a roadblock on the last day of the legislative session that was unexpected when the votes were finalized.
OSPA will not give up the fight for PBM reform!
We have already had several conversations with legislators about getting our bill passed in the 2024 short session, which they feel is realistic considering how things ended this session. We have some senators who voted No that have apologized for their “bad vote” and regret it because they were provided information from the opposition that was misrepresented.
In addition to our initial discussions about the 2024 legislative session, OSPA leadership has had conversations about what we can do for Oregon pharmacies now. Some ideas that have been proposed are:
- Investigate obtaining counsel to understand legality of current pharmacy reimbursements.
- We encourage pharmacies to investigate other services and payment options as alternative forms of revenue.
- You may want to review your contract terms with a pharmacy consultant. If the terms are unsatisfactory, are there changes you can make to remain in business until we can get our PBM bill passed in March 2024?
- Support Senator Wyden and his PBM reform crusade at the Federal level.
We were encouraged to see so many pharmacists and technicians across the state step up and contact your legislators. It was a great showing in a time of need and we got the attention of several legislators that were impressed with our quick action.
Thank you for being an OSPA member. We will continue to work for you!
OSPA Board of Directors