Montanans Contacting Legislators in Greater Numbers

Contributed by Legislative Information Office <leginfo@mt.gov>,Internet:
NEWS FROM THE MONTANA LEGISLATIVE BRANCH
For immediate release
Feb. 24, 2009

Contact: Kevin Hayes, Session Information Center Supervisor, 406-444-1364
Gayle Shirley, Legislative Information Officer, 406-444-2957

Montanans Contacting Legislators in Greater Numbers

Montanans inundated a legislative message center with calls this month, a sign that more and more citizens are actively participating in the legislative process.
In the first half of the 2009 session, the Session Information Center received close to 13,000 calls from people wanting to leave messages for their legislators, according to Kevin Hayes, center supervisor. That includes more than 2,800 calls in one week - the week of Feb. 9 - when citizens left more than 20,000 messages indicating their support or opposition to various bills.
"That week was remarkable," Hayes said. "I've never had a week even remotely approaching that, and I've been doing this since the 1997 session."

By comparison, the message center got a total of 12,284 calls during the entire 2007 session.
Another 32,000 people have used an online message form to contact their legislators in the first half of this session. That compares to a total of 46,324 messages in all of last session.
Hayes attributes the increase in calls and messages to a number of factors.

"I think there's a renewal in interest in politics since the fall election," he said. "I don't really have any statistics to base that on. It's just a gut feeling based on observation."
He also believes that "people are more connected than they've ever been." He noted that some of the more than 100 people who showed up to testify against a bill banning pit bulls said they had received text messages alerting them to the public hearing.

"Lobbying groups are getting more organized about spreading the word to their members," he suggested, "and technology is making it easier."
Legislative leaders are delighted by the apparent trend.

"For our system of government to work, citizens have to get involved," said Rep. Bob Bergren, speaker of the House. "If people aren't engaged, then we can't be responsive to their needs, and the system doesn't work."

"Montanans elected us to represent their views," added Sen. Bob Story, president of the Senate. "So they need to let us know their views, and we need to listen to them."
To send a message to your legislator using the online message form, visit www.leg.mt.gov/message.

To contact your legislator through the Session Information Center, call 406-444-4800. Be prepared to provide:
* your name and address
* the name of the legislator(s) or committee for whom your message is intended
* the number of the bill you wish to support or oppose
* a brief explanation for your position on the bill

You may leave messages for as many as five legislators or one legislative committee at a time. The service is available Mondays through Fridays from 7:30 a.m. to 5 p.m. and Saturdays from 8 a.m. to adjournment, while the Legislature is in session.

The Session Information Center does not accept anonymous messages.
"We also don't do blanket messages to all legislators," Hayes said. "It's most effective to contact members of a committee that is holding a public hearing on a bill or the legislators who represent your House and Senate districts."

If you aren't sure who your legislators are, contact your local elections office or visit the legislative website at http://www.leg.mt.gov/ and click on "Find a Legislator."
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Stimulus Law Contains Community Pharmacy Provisions

Stimulus Law Contains Community Pharmacy Provisions

The American Recovery and Reinvestment Act of 2009-Public Law 111-5, the $787 billion stimulus bill enacted Feb. 17-contains a number of provisions that will have a significant impact on independent community pharmacy in addition to the ones that affect all citizens and taxpayers.

Now and in the coming weeks, NCPA will be drilling down into the law's fine print, analyzing any proposed regulations needed to implement various sections, and combing the FY '10 budget released Feb. 26 for potential benefits and landmines. NCPA will roll out this valuable information in a number of ways, but only to NCPA members.

"If you know someone who isn't a member, urge them to join NCPA now," said Bruce T. Roberts, RPh, NCPA executive vice president and CEO. "Our Web site contains a wealth of information on legislation and regulation freely available to anyone, but the members-only section is much more detailed and is going to grow even more robust. I personally believe that the NCPA Digest, sponsored by Cardinal Health, and the searchable archive of America's Pharmacist articles back to 2005 alone are worth the price of membership, and they are only a couple of our many member-only benefits."

Here are some of the general changes in tax law affecting small businesses contained in the new stimulus law:

Increases temporarily for 2009 the Section 179 expense deduction from $128,000 to $250,000 and offers a 50% depreciation allowing for half the cost of capital expense.

Expands from two years to five years the ability of firms to carry back operating losses for companies with $15 million or less in gross operating revenues (Section 172 of the IRS Code).

Modifies work opportunity tax credit (Section 51 of the IRS Code).

Temporarily reduces the recognition period for S corporation built-in gains tax (Section 1374 of the IRS Code).


Published each Tuesday by the National Community Pharmacists Association100 Daingerfield Road, Alexandria, VA 22314p: 703.683.8200 f: 703.683.3619 info@ncpanet.orgCopyright © National Community Pharmacists Association. All Rights Reserved.

State Auditor Monica Lindeen alerts Montanans to new scam targeting the State

Contributed by Jessica" ,Internet:

CONSUMER ALERT

March 3, 2009

State Auditor Monica Lindeen alerts Montanans to new scam targeting the State
Helena- State Auditor Monica Lindeen warns consumers to keep a watch out for a new scam. Montanans are receiving fake invoices from School Booster Co., a company from Kennewick, WA, which appear to be bills for a community high school activities calendar.?

Lindeen says "School Booster Co." has no affiliation with Montana public schools and none of the revenue generated by the company supports Montana schools in any way.?

"The invoice is fake, but the victim might not know it until they had already sent a payment," said Lindeen. "That's why we're trying to get the word out that this is a scam."
Businesses in Lewistown and Missoula have reported receiving the fake invoices.

"Montana businesses are very supportive of local schools, and so they may think this letter is legitimate," warns Lindeen. "But that is just a scam artist tactic, consumers need to investigate before they send money."

People who have been contacted by potential scam artists or may have information concerning scams or fraud are urged to contact the Investigations Unit at the State Auditor's Office at 1-800-332-6148.

Consumer alerts are posted on the State Auditor's website at http://sao.mt.gov/ under "Latest News" in the lower right corner of the site. ?

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Media Contact:
Jessica Rhoades
406-444-3152 office
406-422-8817 cell
Jessica Rhoades
Communications Director/Policy Advisor
Montana State Auditor's Office
444.3152 o
422.8817 c
JRhoades@mt.gov
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Montana Proposed Prescription Monitoring Program FAQ

Information for Pharmacists About the Proposed Prescription Monitoring Program in Montana

What is a Prescription Monitoring Program? A prescription monitoring program (PMP) utilizes a centralized database to collect controlled substance prescription information which is submitted by pharmacies licensed by the state. Prescribers, pharmacists, and patients may request information from the PMP which lists the prescriptions filled for a patient during a specified time period including drug, quantity, prescriber, pharmacy, and method of payment.

What is the purpose of a PMP? A PMP is intended to be a source of information for prescribers and pharmacists to use in the care of patients. It should be used to supplement a patient evaluation, to confirm a patient’s medication history, or to document compliance with a therapeutic regimen. A PMP is also a tool to help deter prescription drug abuse and diversion. A PMP is NOT intended to prevent patients from obtaining needed medication or to interfere with legitimate prescribing.

What other states have implemented PMPs? 29 states have implemented prescription monitoring programs and another 9 states have passed legislation and are in the process of implementing their programs. All of the states bordering Montana have active prescription monitoring programs, except South Dakota, which is also introducing PMP legislation.
The proposed PMP in Montana differs from all other states in that information on ALL prescription drugs, not just controlled substances and drugs of abuse, would be available. Since the goal of the PMP is to provide information to prescribers and pharmacists in the care of their patients, a complete medication list would provide the best information.

Does Montana have a prescription drug abuse problem? YES! According to a national survey conducted annually by the Substance Abuse and Mental Health Services Administration, Montana ranks 5th in the U.S. for illicit use of drugs and Montana teens rank 2nd for abuse of prescription pain relievers. Data from the Montana State Crime Lab in 2007 shows 8 deaths attributed to methamphetamine versus 141 deaths attributed to prescription opioids.
How does a PMP work? Prescription information is submitted electronically to the PMP by pharmacies on a weekly or biweekly basis. Prescribers and pharmacists must apply for an account and be credentialed prior to receiving access to the PMP. Once access is granted, a prescriber or pharmacist must have a patient relationship with the person on whom a report is requested. The PMP is accessible via computer 24/7 and in most cases a report is available in less than a minute.

How is patient privacy protected? The information in the PMP is protected health information under HIPAA. HIPAA allows heath care providers to access patient information for the purpose of providing treatment to a patient. Under HIPAA, law enforcement can access protected health information with a subpoena or search warrant so the information in the PMP would only be released to law enforcement with a subpoena or search warrant. The PMP does not provide any additional access to information that health care providers or law enforcement currently have or that is allowed under HIPAA.

Is the PMP database secure? The information in the PMP is stored on secure servers that are dedicated to the prescription monitoring program, and PMP information is exchanged via a secure network. Access to the network is granted when providers are approved for an account. These are the same security measures implemented by health care organizations to protect electronic medical records.

Where will the PMP database reside? The PMP will be located in and administered by the Board of Pharmacy. The Board will employ a pharmacist PMP administrator to oversee the program. The PMP database is a stand alone system. It will not be part of the state’s computer system.
What is the cost of the PMP and who will pay for it? The start up cost of a PMP in Montana is estimated to be $365,000. Federal grant monies are available to help states implement or enhance their PMPs. In 2007, Montana was awarded a $400,000 PMP grant however the money could not be accepted because the PMP legislation failed to pass. We will apply for the same grant in 2009. The annual maintenance cost of a PMP is estimated to be $210,000. If grant monies are not available, the program would be sustained by increasing licensing fees of prescribers, pharmacists, pharmacies, and drug wholesalers. Based on the current number licensees in Montana, the fee increase is expected to be approximately $20 per year if it is spread evenly.

The cost to pharmacies to submit their prescription data is expected to be minimal to none. Since the majority of states already have PMPs, the technology and programming are already available in contemporary pharmacy information systems. The workload burden on pharmacy staff is also expected to be no more than calling up a report, typing in a date range, and clicking the send button. If electronic submission of PMP data imposes an undue burden on a pharmacy, the Board will work with that pharmacy to determine a mutually acceptable method of reporting.

Save Our Hospices From Devastating CMS Cuts!

On April 28, 2008, The Centers for Medicare and Medicaid Services (CMS) acted on a provision in the Administration’s FY09 budget proposal that would cut hospice reimbursement rates by altering the wage index adjustment (phasing out the budget neutrality factor). CMS has stated publicly that the final rule on this provision is expected on August 1, 2008.

While this may seem like a regulatory adjustment that would make minor changes to hospices wage formula, the regulation would take more than $2.3 billion from a health care sector that has 3.4% margins, according to a recent MedPAC study. Once fully implemented, this regulation would cut reimbursement in some areas by more than 18%. Make no mistake, these cuts will force programs to decrease services or close their doors completely. For example, in Texas, hospice programs will be especially hard hit. In Houston/Harris County, full implementation will bring rate reductions of 6.89%. Dallas/Dallas County programs will see losses of 7.74%. More rural areas, such as Lampasas County and McLennan County, will see cuts of 13.11% and 7.5%, respectively.

Hospice programs all across America served more than 1.3 million patients and families last year, in the place they call their homes, and that number is expected to continue to rise as more terminally ill patients seek high quality, compassionate end-of-life care. Additionally, research shows that hospice is cost effective. An independent Duke University study in 2007 showed that patients receiving hospice care cost the Medicare program about $2,300 less than those that did not. This amounts to more than $2 billion of savings each year.

Each day, thousands of people enter hospice programs, along with their families. This signifies their decision to spend their last days, weeks or months in the place they call home, relatively free of pain and intrusive medical interventions. They are surrounded by their families, friends and spiritual counselors. They die with the comfort of knowing that the grief and bereavement needs of their loved ones will be taken care of once they are gone. This is a choice that is free of political, racial or gender limitations. More than 80% of Americans making this choice each year are Medicare beneficiaries and their families are counting on this service to remain intact for future generations. Interestingly, more than 98% of these families would recommend hospice for another loved one.

On behalf of the millions of Americans who benefit each year from compassionate end-of-life care and bereavement services, I respectfully ask that you to halt further action on this regulation. I sincerely hope that you will stand with me in supporting continued access for all Americans to hospice care.

From National Hospice and Palliative Care Organization (http://www.nhpco.org/)

Please contact our representatives to urge them to save our Hospice programs at http://www.grizrph.com/repcontact.htm. You are welcome to use this letter that the National Hospice and Palliative Care Organization has provided for us to send.

Thank you!

We're Saved! Presidents veto of HR 6331 has been overridden by Congress!

On July 15th, Congress overrode the President's veto of HR 6331, the "MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT OF 2008". This bill had seen a lot of action in just a short period of time since it was introduced into the House on June 20th, 2008 and redrafted 4 times in which to pass both Senate and House by July 10th only to have the President veto the bill on July 15th. Later that day, both the House and the Senate overrode the veto with 2/3rd majority. This was a major victory for pharmacy!

With this bill as law, Physicians will actually get a 0.5% increase rather than a 10.6% decrease in reimbursement that was retroactive back to July 1, 2008.

For Pharmacy:

1. Requiring a 14-day reimbursement cycle for electronic Medicare Part D claims. Unfortunately this provision of the bill doesn't go into effect until 1/1/2010.

2. A further delay to Oct. 1, 2009 in instituting AMP-based Medicaid generic drug reimbursement cuts.

3. Postponement of the Medicare DME competitive bidding program for 18 to 24 months. CMS has clarified this as a postponement on implementation of Competitive Bidding Round 1, and a cancellation of accreditation deadlines for Competitive Bidding Round 2. CMS also clarifies that the deadline of September 30, 2009 that was previously established by which ALL DMEPOS suppliers must be accredited is still in effect.

The DME Competitive Bidding areas for Round 1 now are NOT subject to implementation: (1) Charlotte-Gastonia-Concord, NC-SC, (2) Cincinnati-Middletown, OH-KY-IN, (3) Cleveland-Elyria-Mentor, OH, (4) Dallas-Fort Worth-Arlington, TX, (5) Kansas City, MO-KS, (6) Miami-Fort Lauderdale-Miami Beach, FL, (7) Orlando-Kissimmee, FL, (8) Pittsburgh, PA, (9) Riverside-San Bernardino-Ontario, CA, and (10) San Juan, PR.

The votes were 383-41 in the House and 70 to 26 in the Senate, meeting the constitutional requirement for two-thirds margins to enact legislation without the president's signature. "The passage of this bill will guarantee community pharmacies the ability to help millions of patients and to compete on a level playing field," said Bruce T. Roberts, RPh, NCPA executive vice president and CEO.

Please thank your Representatives.all of them were for passage of HR 6331 and they got the job done.this wasn't any easy task! Use this link for their contact information: www.grizrph.com/repcontact.htm

HR 6331 passed Senate today and goes to President for Signature

With pressure on Senators from the American Medical Association as well as TRICARE and the re-election status for Senators, the Senate passed HR 6331, legislation that includes a 14-day reimbursement cycle for Medicare Part D claims, a further delay in AMP-based Medicaid generic drug reimbursement cuts, and suspension of the Medicare DME competitive bidding program. The cloture vote was 69 to 30. Sixty votes were required to move to final passage of the measure, whose main focus has been on preventing a 10.6% cut Medicare payments to physicians. Two previous attempts failed in the Senate last month. The House passed the bill with a cloture vote of 355-59 on June 24th. This bill will very shortly move to the President’s desk for signature.

Senate Democrats reminded members every chance they could that Medicare physician payment cuts will not just jeopardize seniors health care, but that of the nations troops and veterans. Military Officers Association of America on Tuesday sent 14,000 emails to their senators reminding them off this, since TRICARE rates are linked to Medicare rates by law.
Please send Senator Baucus a sincere thank you for all the hard work he has done to preserve the future of pharmacy and a thank you to Senator Tester as well for his strong support of pharmacy by supporting all our bills and vote for HR 6331.

In addition, if you hadn’t sent a thank you to Congressman Rehberg on voting for HR 6331, please do so. Representative contact information on http://www.grizrph.com/.