SENATE MEMORIAL 19
54th legislature - STATE OF NEW MEXICO - second session, 2020
INTRODUCED BY
Steven P. Neville
A MEMORIAL
REQUESTING THE HUMAN SERVICES DEPARTMENT TO COMMISSION A PHARMACY COST-OF-DISPENSING STUDY TO EVALUATE AN APPROPRIATE PROFESSIONAL DISPENSING FEE AS REQUIRED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES USING NEW MEXICO ACTUAL PHARMACY DATA.
WHEREAS, prescription drugs, when used correctly and with professional guidance, are a key element of health care; and
WHEREAS, New Mexico pharmacies are critical to providing frontline care to New Mexico residents; and
WHEREAS, New Mexico is a largely rural state, where access to health care services, including pharmacy services, can be disparate; and
WHEREAS, independent community pharmacies are locally owned small businesses, stable employers and engaged community members; and
WHEREAS, independently owned community pharmacies are struggling to keep their doors open in the face of historically low professional dispensing fee reimbursements paid through pharmacy benefits managers; and
WHEREAS, pharmacy benefits managers own competing pharmacies and simultaneously decide the dispensing fee reimbursement amount that a participating pharmacy will receive for serving patients; and
WHEREAS, the information gleaned from a study of dispensing fees could be useful to state policymakers as well as private and public pharmacy drug benefit payers;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the human services department be requested to commission a pharmacy cost-of-dispensing study to evaluate an appropriate professional dispensing fee as required by the federal centers for medicare and medicaid services using New Mexico actual pharmacy data; and
BE IT FURTHER RESOLVED that the chosen contractor, survey instrument and methodology be consistent with guidelines from the federal centers for medicare and medicaid services regarding the components of pharmacy costs that are appropriately applied reimbursements through the pharmacy dispensing fee of a state medicaid program; and
BE IT FURTHER RESOLVED that the secretary of human services be requested to provide the findings of the study to the governor, the legislative finance committee, the legislative health and human services committee and the superintendent of insurance by November 30, 2021; and
BE IT FURTHER RESOLVED that funding for the study be included in the fiscal year 2022 human services department state budget appropriation; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of human services, the chair of the legislative health and human services committee, the chair of the legislative finance committee and the superintendent of insurance.
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