Rural Health Information Hub Latest News

Injunction and Restraining Order Sought in 340B Battle

Ryan White Clinics for 340B Access (RWC-340B) last week asked a federal district court to issue a temporary restraining order and preliminary injunction requiring U.S. Health and Human Services (HHS) Secretary Alex Azar to issue 340B program binding administrative dispute resolution (ADR) regulations within 60 days, requiring Azar to declare that federal law entitles covered entities to buy covered outpatient drugs at 340B discounts, and ordering Azar to enforce covered entities’ rights to 340B discounts for contract pharmacy orders. RWC-340B asked for the order and injunction as part of its lawsuit to compel HHS to punish four drug that are denying 340B pricing on their products when ordered through contract pharmacy arrangements. In a memo RWC-340B filed with its motions for relief, the group said 340B covered entities and the patients they serve will suffer irreparable harm if the court waits until the end of the case to issue remedial orders.

SNAP Benefits Arriving Early This Month

The current continuing resolution (CR) funding the federal government is set to expire on Dec. 11, 2020. The PA Department of Human Services (DHS), given the importance of SNAP benefits, is altering its distribution schedule for December in order to issue benefits before the CR sunsets to avoid any potential disruptions. All December SNAP payments will be available on EBT cards by December 11. Because of this, recipients may receive their benefits earlier than anticipated, but need to be aware that this early issuance is not an additional payment and will be the sole payment for December. For households that receive emergency allotments, their normal monthly payments and emergency allotments will be issued together. DHS is asking you to help communicate this to the people you serve to help alleviate potential confusion.

Fourth Stimulus Package Efforts Continue

A bipartisan group of U.S. Senators and Representatives have proposed a $908 billion coronavirus relief package that they are hoping is used as a basis for jumpstarting negotiations between the House and Senate. The proposed package calls for significantly less funding than the House had previously demanded and more than the Senate’s latest package. The framework includes $160 billion for state and local government aid, $180 billion in additional unemployment insurance, $288 billion for the small business Paycheck Protection Program, and short-term federal protection from coronavirus-related lawsuits, among other things. Senator McConnell has circulated his own framework for stimulus legislation to Republican members that would establish a fresh round of funding for the small-business Paycheck Protection Program and implement widespread liability protections. The liability protections have been a non-starter for Democratic leadership in the House.

Governor Vetoes Bill to Limit Coronavirus Lawsuits

Gov. Tom Wolf vetoed legislation, HB 1737, that would have provided limited liability protections to Pennsylvania businesses, arguing the bill “invites the potential for carelessness and a disregard for public safety.” The legislation, which was passed by the General Assembly earlier this month largely along party lines, would have shielded businesses–as well as schools, child care providers and personal protective equipment manufacturers and individuals using PPE–from civil lawsuits related to COVID-19 exposure.

Pennsylvania Enacts Medicaid PBM Price Transparency Law

Gov. Wolf signed into law a bill that increases transparency regarding pharmacy benefit manager (PBM) pricing practices in the state’s Medicaid program. HB 941 (now Act 120 of 2020) allows the state Legislative Budget and Finance Committee to review how PBMs reimburse Medicaid plans, investigate reimbursement rates paid by PBMs to independent and chain pharmacies, and study the best practices adopted by other states to address concerns with PBM reimbursement practices.

Wolf Administration Expands Testing Sites Across the Commonwealth

The Wolf administration announced additional testing sites across Pennsylvania. The PA Department of Health entered a contract with AMI Expeditionary Healthcare (AMI) to provide COVID-19 testing in five regions across Pennsylvania to help contain local spread of COVID-19. Over the next 12 weeks, five strike teams will provide regional testing open to anyone who feels they need a test in the 61 counties that don’t have a health department. Up to 450 patients can be tested per day at each location using mid-nasal passage swab PCR tests. Testing is on a first-come, first-serve basis and is completely free to all patients. Click here to learn more about the testing plan and when AMI will be in your county.

PA Budget Passed

Governor Wolf signed the Fiscal Year 2020-21 state budget. The budget included the use of the remaining $1.3 billion in CARES Act funding to offset General Fund budget items–mostly wages for front line workers, like those of the Departments of Health and Corrections, along with an improved revenue situation and continuation of enhanced federal matching payments for the state’s Medicaid program helped to close the budgetary gap left by the impact of COVID-19 and mitigation efforts to slow the virus spread. Funding for the Pennsylvania Primary Care Practitioner Program line item remained at the same funding levels as the previous year.

Preparation Heating Up for COVID-19 Vaccine Distribution

With two vaccines queued up for FDA approval and distribution beginning as soon as mid-December, planning efforts are kicking into high gear. The state Vaccine Crisis Committee has been meeting weekly since September. This week, the PA Department of Health (DOH) began offering meetings for providers that have submitted vaccine enrollment applications to DOH. Here is some of the information that was shared during the first meeting:

  • DOH expects shipment of the Pfizer vaccine as early as Dec. 15 and the Moderna vaccine about a week later
  •  It is important to recognize that the first shipments will address only about 1% of the population and will be targeted to healthcare workers and residents of long-term care facilities
  • Only organizations that have submitted a COVID-19 vaccine enrollment application to DOH will be eligible to receive vaccine
  • There will be bidirectional communication with enrolled organizations prior to shipment
  • Shipment will include a separately shipped “ancillary kit” that includes needles, masks and face shields
  • All vaccine reporting will be through PA-SIIS
  • For the initial phase of vaccination, providers will receive either the Pfizer or Moderna vaccine, not both, to reduce confusion, although that could change as supply and vaccine options increase

Additional information can be found in this week’s summary of the weekly All PA FQHC CEO Call and PACHC will continue to share information as it becomes available. In the meantime, it is important for each health center to begin planning, including prioritization of who will be eligible to receive the vaccine if there is an inadequate initial supply to immunize all employees.