Legislation on Gag Clauses Passes in Senate, Advances in the House

By: | Sep-13-18

Sen. Ron Wyden (D-OR) met with members of the NACDS Board of Directors during a previous NACDS RxIMPACT Day on Capitol Hill. Wyden is a cosponsor of the Know the Lowest Price Act (S. 2553), a bill prohibiting gag clauses that prevent pharmacists from helping patients save money on prescription medications, which recently passed the Senate unanimously.

The Senate unanimously passed the Know the Lowest Price Act (S. 2553)—which is backed by NACDS. The legislation would make it easier for Medicare patients to save money on prescription drugs by ending so-called “gag clauses” that prevent pharmacists from telling patients they could save money by paying cash out-of-pocket instead of using their insurance benefit.

NACDS also sent a letter this week to Rep. Buddy Carter (R-GA) supporting similar bipartisan legislation he cosponsored in the House, which the House Energy and Commerce Committee unanimously approved this morning. The measure, H.R. 6733, also bans gag clauses and would apply to both private and Medicare coverage.

In the letter, NACDS stated, “NACDS believes gag clauses should not be allowed in contracts between health plans and pharmacies. Such clauses prevent pharmacists from informing patients when a medication can be purchased at a lower price without using insurance. The prohibition and/or removal of gag clauses in contracts between Part D plans, Medicare Advantage plans, PBMs, and pharmacies will enhance patient access to medications, enable pharmacists to have improved relationships with patients, and keep healthcare costs for patients to a minimum.”

In a national survey conducted by Morning Consult and commissioned by NACDS, 83 percent of voters said pharmacists provide credible advice for saving money on prescription drugs.

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2018-09-13T16:22:35+00:00Sep-13-18|Categories: Article|Tags: |