Adam Fein, Ph.D. publishes a blog called Drug Channels. Last week he published an excellent summary of how the 2016 Prescription Drug Plan landscape is evolving in the new plan year. Skip over to Medicare Part D 2016: 75% of Seniors in a Preferred Pharmacy Network (PLUS: Which Plans Won and Lost) to read more.
Changing Tides
The paradigm change occurring in the practice of pharmacy has been a regular topic of this blog. But the Thriving Pharmacist is not the only one talking about the importance of pharmacists participating in a new care centered model. Randy Dotinga, with Drug Topics echoes many of the same themes in his recent article : Care delivery key to nex-gen pharmacy success.
Independent pharmacies are not the only ones looking to differentiate themselves to prepare for this new model. A recent article in Chain Drug Review: 2016 Retail Outlook: Pharmacy’s reach to expand, reports the thoughts of several leaders in a variety of chain drugstores on the same topic.
Change is coming. Be ready. Start now, and make every encounter count.
The Flip Side of Access to Lives
Previously, we have written that access to lives is important to any pharmacy, and the narrow, preferred networks that have become vogue in Medicare Part D are an example of an outside influence that can impact this access. The theory, of course, is that being in a narrow network will drive patients to a participating pharmacy, thereby increasing its business. The decrease in reimbursement that accompanies preferred status is theoretically offset by the pharmacy’s ability to generate the revenue from these new patients. But does this theory withstand scrutiny? Continue reading The Flip Side of Access to Lives
Pharmacy Street Blues
It may not be at the top of the list of things people consider when they think about what a pharmacist does all day, but one important, and over-looked aspect of the profession is a form of law enforcement. Specifically, pharmacists are constantly on the look-out for drug seekers and forged controlled substance prescriptions. Criminals are becoming more and more sophisticated in their attempts to secure controlled substances without a valid prescription, and today’s blog is going to describe some of the challenges pharmacists need to be ready to embrace.
Drug Seekers
One of the more common problems encountered is the drug seeker. Most of the time, these present as a patient with an otherwise valid prescription for a controlled substance. The problem is that the person is using many different doctors and many different pharmacies. Spotting a drug seeker is generally not very difficult as long as the pharmacy has proper training and policies in place. These often present as new patients to a pharmacy who request a cash price for the controlled substance.
When presented with a potential seeker, pharmacists and pharmacies should check the state registry for a controlled substance dispensing history (sometimes called a PMP for Prescription Monitoring Program). These lists, while often a week or so behind, quickly reveal multiple pharmacies, physicians and insurance / cash histories.
Once a problem is identified, however, pharmacists are confronted with an even more difficult task: what do you do? The answer is far from trivial, because there is likely a real medical issue being treated alongside physical dependence to the controlled substance(s). A pharmacy may elect to refuse to fill a prescription in this cases, but that does not address the underlying problem. It just moves the patient to a different pharmacy or pharmacist. A better approach is to speak with the patient about their issue and then send a short clinical note to each of the recent prescribers alerting them to issue, directing them to the PMP for details. The goal is to get all of the prescribers on the same page and have one prescriber and pharmacy manage the patient. Addressing the root of the problem takes effort and fortitude.
Criminals
Less common, and far more difficult, are forged prescriptions. Criminals are becoming amazingly sophisticated with their tactics, making the job of the pharmacist recognizing an invalid controlled substance prescription increasingly difficult every day. The criminals plan carefully, usually targeting a pharmacy at a busy time or just before closing, trying to catch the staff in a hurry. Spotting a forged prescription is an art. The pharmacist relies on many different pieces of information to spot a fake, but don’t look for me to publish a list. The last thing we want to do is make it easier for criminals to fool the pharmacist. Instead, I will detail several common tactics:
- A out of town or out of state doctor.
- Trying to fill the prescription after the physician’s office is closed, making contacting the prescriber inconvenient or impossible
- Coupled prescriptions: presenting one controlled and one non-controlled prescription together to make them both appear more legitimate.
- Someone other than the patient on the prescription presents the prescription and wants to pick it up.
If a prescription is not passing the sniff test, the pharmacist has to make a choice of what to do next. My first advice is to trust your gut. When it doubt, consider the prescription suspect and do not fill it.
The law does not necessarily cover what a pharmacist can, and cannot do in these circumstances: we are generally left to figure this out on our own. The advice of the thriving pharmacist is this:
- Request the identification (photo ID) of the person requesting the prescription to be filled. Make a photocopy of this information in case the prescription is determined to be fake.
- Stall. Tell the person the pharmacist needs to verify the prescription and it will not be released until that has been complete. This may not be possible until the next business day when the prescriber’s office opens.
- Do not risk your safety. Starting with the items below, the situation could become risky. It is in your best interest to call the police now and alert them to a possible situation. It cannot hurt to have the local law enforcement nearby or even at the store.
- Do not relinquish the suspect prescription to the patient until it is verified as valid by the prescriber. If the patient demands the prescription back before this, suggest the local law enforcement stop by to discuss the problem. (They may even be outside by this time if you followed step 3)
- If the person actually waits for the police to arrive and discuss, the prescription may actually be real, and you should follow the advice of the officer(s), returning the prescription if directed to do so.
- Provide all information to the police, including information obtained from a verification check and any video surveillance if available.
- Report the incident to your local PMP or state board. Many states maintain a mailing list alerting pharmacies to current threats.
The Rubber and the Road
Neither of the above scenarios are easy to handle, and either can become dangerous. Physical dependence and criminal intent can be a tricky combination. Each issue presents its own set of challenges, and successfully foiling a scam may mean the pharmacist has to testify in court. This is an important part of the profession: a part that does not involve any reimbursement–but should.
In the words of Sergeant Esterhaus (Hill Street Blues): Let’s Be Careful Out There. Make every encounter count.
Down Under
When a pharmacy loses money on a drug because the PBM’s MAC price is below the pharmacy’s best available product acquisition cost, it is generally described as “underwater.” Often today, generic drugs see abrupt and unexpected price increases. These increases are sometimes unbelievable, with a product’s acquisition cost potentially increasing by hundreds of percent overnight. When this occurs, and the MAC price does not represent a reasonable acquisition cost, the pharmacy requests a MAC price review. In some states (like Iowa), the PBM has a finite amount of time (just a few days) to address the problem.
A person not familiar with the inner workings of a pharmacy might underestimate the significance of this issue. I thought it might be interesting to publish a few numbers from my Pharmacy Services Administrative Organization (PSAO). Any given drug product (with a unique NDC) can be underwater with one or more PBMs. Our PSAO, on behalf of all the pharmacies it represents, submits claims it deems significantly underwater to each PBM. Note that this does not represent all underwater claims, just those that lose a significant amount of money for a significant fraction of all of the pharmacies represented by the PSAO. In other words, the reported number below is on the low side.
By the Numbers
- Underwater MACs reported to PBMs by our PSAO for 1 week: 5593
- Responses received from PBMs (any response at all): 188
- Responses that decreased the MAC price: 2
- Responses that specified an increase the MAC price: 104*
- Responses without specifying an increase: 82
*It should also be noted that an increase in MAC does not necessarily guarantee that the new price is actually profitable for the pharmacy.
The response rate for the week is about 3%, and is very disappointing. Pharmacies expect a better response rate from PBMs. Without an ability to act together, pharmacies are at the mercy of the PBMs to police their own MAC lists fairly.
About 2 years ago, many states began contemplating rules to regulate the PBM industry. In Iowa, these rules passed both the houses of the legislature unanimously. The rules, however were not sufficient, as they did not have significant consequences for the PBMs if they were non-comlpliant. Since that time, the rules in Iowa have been stiffened and several other states have added their own legislation. I am not aware, however, of any real positive outcomes from any of these State rules. The PBM industry continues to operate in a business as usual manner.
Unfortunately for pharmacists and pharmacies, the general public has difficult time comprehending the complicated relationship between the PBM industry and their pharmacy. Recently, however, there has been significant scrutiny from the US House of Representative and some media outlets on the business tactics of the PBM industry. The House Judiciary Committee Hearings shed some much needed light on the practices.
What is needed is federal rules to hold the PBM industry accountable, especially with respect to MAC pricing. These rules should be simple and the consequences for failing to abide to them should be significant. Rules might include:
- MAC price should be based on current, actual acquisition prices available to pharmacies in a given region. Prices should be updated daily.
- Contracts between PBMs and Pharmacies should be required to allow the pharmacy to make a reasonable profit. This means that either:
- MAC price includes a real profit component that reflects the actual cost of dispensing in a region [1] or…
- An additional professional fee for service be associated with each prescription claim. This is not the dispensing fee already being paid (ranging from as low as $0 to a high of $1.50).
- PBMs that also run pharmacies cannot give different contract terms to pharmacies they own or run.
States have found that consequences for non-compliance to be the problem with enforcing their rules: PBMs claim that that State rules don’t apply for Medicare Part D plans. By making federal rules regulating the PBM industry, this argument becomes moot. Consequences for non-compliance could, for example, put the PBM at risk of disqualification from future participation in Medicare Part D.
Pharmacy needs to come together and form a grass-roots campaign to bring PBM reform to congress. It will not be easy. The PBM industry has a lot of money and influence. Recent revelations during the House Judiciary Committee have given pharmacy an opening to press forward. Now is the time. Make your voice heard!
[1] Notes on the cost of dispensing: In the Iowa, the State Medicaid program leverages a state-wide survey of pharmacy expenses (essentially Profit / Loss balance sheets from pharmacies across the state are provided to a third party consultant firm) to determine the actual cost to dispense a prescription in the state. Currently, the fee paid by this program is $11.73/rx, which includes a margin for profit.
Limitations of Performance Measures
Medicare is gradually moving providers to a new, quality driven model.The current fee for service model used for so many years rewards providers for doing more: more procedures, more prescriptions, more admissions. The new quality model is designed to reward success. For example, fewer hospitalizations, fewer complications, or fewer adverse drug events.
One tool being used are the Star Measures released by Medicare. Many of these star measures are things that pharmacists can impact both directly or indirectly. Some of these have made their way into the EQuIPP measures now being used to provide pharmacies feedback on their quality.
Currently, pharmacies are not being assigned a star rating. Medicare Prescription drug plans (PDPs), however, are being assigned ratings, and these ratings come from the pharmacies in their network. The implication is that pharmacies that are hurting a plan’s star rating could potentially be terminated from their network.
The Pharmacy Quality Alliance (PQA), who manage the EQuIPP scores, sets pharmacy goals for each measure. These goals are revised every quarter. Pharmacies exceeding the goals set by PQA are helping the plan achieve a better score. PQA also creates a “Top 20%” metric, allowing a pharmacy to benchmark themselves against all other pharmacies. Achieving a top 20% in even a single measure is non-trivial for most pharmacies.
Limitations
Make no mistake: the existence of the EQuIPP measures is a positive step in the transition of pharmacy toward the goal of increased quality. But like any program, there are some innate limitations to the current implementation of these measures. And while I fully expect these to be addressed as time passes, it is important to understand the current limitations.
The Current Measures are Surrogates
Currently, the measures being collected are not directly measuring quality or outcomes. Three of the measures are related to patient compliance–the percentage of days covered or PDC. It is easy to assume that better compliance will result in better outcomes, but the indirect measure makes many assumptions. There are dozens of reasons compliance might appear poor yet the patient actually is meeting their therapeutic goals.
Other measures make therapeutic assumptions. Should a patient with a risk of one disease be on a medication simply because the have another disease. The answer is maybe, but each case must be evaluated individually. One size does not fit all. High risk medications are another measure, and are equally challenging. Just because a medication is high risk does not mean that the patient’s outcomes will be worse on the medication than off of it.
The measures take this into account by setting the goals lower than 100%, but as will become evident below, this creates additional problems.
Limited Populations
The current measures represent only a fraction of Medicare Part D patients. With any statistic, a low sample size means that any change (adding or dropping one patient) can have a large impact on the measurement of a score. A store with 3000 total active patients might have as few as 20 Medicare patients fall into a measure group. Each patient effects the measure by 5%. The high side of the equation for a pharmacy of this size might only be 200 patients in a measure group. Over time, we expect more plans to add their data, which will help create more meaning full numbers. PQA reportedly takes this into account by not reporting scores for measure with very low population counts, though the scores are still calculated. I have one rural store with only 7 diabetic Medicare Part D patients represented. Our Performance score jumps around like popcorn every time it is updated.
Moving Target
PQA revises the 5 star goal numbers quarterly. This creates additional variability in a pharmacy’s scores. Undobtedly, the target scores will continue to rise with time, but there is a finite ceiling on the target. The closer the target score gets to 100% the more unrealistic the goal becomes.
Saturation
As time goes on, we would expect most, or even all pharmacies to meet the goals set for each measure set by PQA. At that time, the measure is essentially saturated. Either additional measures need to be added (making it more difficult to manage), the goals need to be increased (see above), or measures will be retired. Increasing the goal becomes problematic, as there will always be outliers, and as one approaches 100%, the goal becomes unrealistic: success becomes luck-of-the-draw. The option of retiring a measure is also problematic, as the success observed with time will simply trend back to baseline levels as pharmacies put emphasis on the new measure(s).
The Curve Effect
Imagine being a very bright student, at the top of your class. If you participate in a honors class filled with similarly gifted students, one would expect all students to perform well. Now imagine that class was graded on a curve: only the top 20% get an A. If the material is sufficiently challenging that achieving a score of 100% is not possible, then there are going to be a number of outstanding students receiving less than top marks in the class.
This is exactly what is starting to occur with several of the current measures. As pharmacies improve their patients’ compliance using a variety of techniques, the more and more pharmacies are reaching the 5 star level. Rewards for performance, however, are generally being tied to achieving a top 20% status. The curve is starting to compress. Increasing a pharmacy’s score on a measure only a fraction of a percent can lead to large jumps up the ladder toward the top 20%. The better everyone does, the harder it will be to achieve a top 20% rating. Like the case described in saturation above, success will eventually become luck-of-the draw.
The Long View
The current system of measures are a good start. With time, however, Medicare is going to have to revise the measures to better reflect outcomes. Additionally, the use of a top 20% metric for rewarding providers should be retired. Simple thresholds are more realistic. With time, quality measures will help pharmacy transition from a focus on product to a focus on care.
Economics vs. Care
The other day I wrote about PBMs and their role as Middleman (See The King is Naked). But every story has two sides. Today’s installment is a little more depressing: it relates to the economics of the current health care system.
From a Wall Street perspective, retail pharmacy is at the bottom of the pharmacy food chain. Consider the following quote from a financial analyst looking at the economic differences between PBMs and Retail pharmacies:
Whereas the PBM business is an oligopoly, the retail pharmacy business is extremely competitive with inferior economics (See seekingalpha.com)
One significant deduction made by the financial analysis is that PBMs are indispensable to retail pharmacy networks. This indispensability is due in large part to the current state of oligopoly the PBMs have over the market. Where once there were dozens of small PBMs, today there are only a few, controlling most of the market (See Does Size Matter). The marginalization of retail pharmacy is due, in part, to their relative ubiquitous nature: pharmacies, in the eyes of the investor, are essentially interchangeable. This creates a perceived weakness in the economics of retail pharmacies.
Marginalization
Consider another quote from the same analyst:
A PBM’s customers are exclusive to it. But a retail pharmacy network does not have exclusive customers. This enables a PBM to squeeze retail pharmacy networks by playing them off against each other.
A PBMs customer is the payor, and the exclusive nature of this relationship is basic contract law. A retail pharmacy network’s customers are patients. Non-exclusive access to a patient implies that the patient is not actually going to a pharmacy for any other reason than drug product. It implies that PBMs are able direct where the patient goes without respect to the level of care or service provided. This is where an investor’s perspective starts to diverge from the reality of care.
Patients want a choice with respect to their pharmacy provider. While some may consider price to be of paramount importance, others consider service and care as driving forces. If asked to characterize themselves, it is my assertion that most patients would consider themselves exclusive to a pharmacy provider. When the PBMs play pharmacy off against each other, patients are marginalized. The payor is interested not only in drug cost, but also in total health spend. With the PBM focusing primarily on price, and ignoring the impact of care on the payor’s bottom line, the PBM is marginalizing the payor.
An Upside-Down Market
The current market is upside down. Traditional competition of pharmacies for patients has been removed by the PBMs. Patients are now being manipulated by the system, and the manipulation is based entirely on drug cost. The market is no longer a free one.
In the current market, there is really only one winner: the PBM industry. Both the patient and the payor become losers. Without an effectively competitive market that values not only cost, but also care and customer service, pharmacy will regress toward the least common denominator: drug product.
Part of the reason this situation exists is the complexity of the current system. Most patients do not understand how the system works, or how they are being manipulated by the PBMs. Pharmacists need to be ready to explain the system to their patients in simple, understandable terms. It is going to take a groundswell of patients voicing their discontent with the current system to bring real competition back to the market. And this groundswell is going to have to start at the prescription counter. Take time to work with your patients. Educate them. Be sure they understand both their medications and the system that provides them. Make every encounter count!
The King is Naked
In the children’s tale “The Emperor’s New Clothes” by Hans Christian Andersen, the King is duped by a tailor promising him a suit of material so fine that it is only visible to those worthy. As the King parades around the kingdom completely naked, most everyone is afraid to tell him about his mistake.
This tale, since translated into over 100 languages, tells story of a situation where no one believes, but everyone believes that everyone else believes. This idiom applies today as well as it did when the story was first published in 1837.
PBMs are simply middlemen. They don’t sell drug product. PBMs don’t see patients. They don’t provide patient care. What a PBM does do is quite simple: the PBM provides claim processing, providing service to both the pharmacy and the payor.
This started out as a per-claim fee pharmacies paid for processing. The payor would then pay the pharmacy. Today, the PBM is in the middle of the payment transaction as well. Besides charging the pharmacy for claims processing, the PBM now makes money on the very drug product they never purchase. They do this by charging the payor more for the drug than they pay the pharmacy. This trickery is called the spread.
By ingraining themselves so deeply into the produces, pharmacy benefit managers (PBMs) have duped Medicare and other Payors into buying an invisible suit. The PBM markets and sells a pharamacy network to the payor. PBMs make promises to save the payor money by managing all aspects of the prescription benefit for the payor. This sounds reasonable, but over the last decade, PBM profits have steadily grown to tens of BILLIONS of dollars: the middleman is doing quite well. It is good to be the tailor to the King.
With PBM profits being so high, the the question needs to be asked: why has the cost of access to these networks become so high? The network of pharmacies offered by a PBM is certainly not exclusive. Most every pharmacy is a provider for multiple networks. And I have yet to see a pharmacy unwilling to provide care for a patient that is not in one of their networks. The “access” being sold is entirely artificial; an invisible suit sewn by the PBMs.
If a payor wanted to significantly cut its drug expenses, it would eliminate the spread pricing used by the PBM. The payor would demand price transparency. The price paid to the pharmacy would be the price the payor paid the PBM: the PBM would charge a simple fee for its service, just like it did in the beginning. This could save payors BILLIONS of dollars, benefiting even small payor organizations. The larger the payor, the more savings that could be realized by transparency. Medicare, the largest payor, could benefit significantly.
The truth is that the King is naked. It is time speak up and demand PBM transparency at a federal level.
Does Size Matter?
The other day, during a conversation I was involved in, an employee questioned the number of persons employees by small businesses in the United States. I recalled having heard that the number was significant and might even have been more than 50%.
When I was younger, I would have had to go to an encyclopedia to find the information, but today the answer is easily found using the Internet. As it turns out, I was fairly close. According to statistics taken from the most current US Census data, small businesses make up [1]:
- 99.7 percent of U.S. employer firms
- 64 percent of net new private-sector jobs
- 49.2 percent of private-sector employment
- 42.9 percent of private-sector payroll
- 46 percent of private-sector output
- 43 percent of high-tech employment
The origins of pharmacy are squarely rooted in the small business world. Back in the 1950’s, even small towns had one or more independent pharmacies. My own father-in-law, a long time pharmacist, regularly recounts more than a dozen pharmacies in our area, most of which resided downtown.
Mergers and Acquisitions
Over the years, the number of small, independent pharmacies has decreased. Today, they are actually becoming rather rare in many areas of the country. Where once there were over a dozen in my area, today only a few continue to survive.
Chain stores with pharmacy departments have slowly taken the place of the neighborhood drug store. In fact, these chains routinely purchase and then close independent pharmacies to expand their own business. Rarely a month goes by that we don’t receive multiple inquiries asking if we want to sell our practice.
This merger and acquisition process is not limited to chain stores buying independent pharmacies, either. Recently, CVS purchased Target’s pharmacies [2]. In a response reminiscent of the cold war arms race, Walgreens is now looking to acquire Rite Aid [3]. This merger would combine the nation’s second and third largest chain stores, which would catapult Walgreens over CVS in number of stores.
Mergers have not been limited to pharmacies, either. The business of pharmacy involves pharmacy benefit managers (PBMs). A decade ago, dozens of national benefit managers serviced insurance companies and pharmacies. Today, however, the merger and acquisition bandwagon has left just 3 or 4 very large PBMs responsible for almost all prescription claims processing in the United States.
The Price of Big
If one goes back and compares small businesses to the much larger corporations, some things become very obvious. A Small business employs, on average only a few employees. Recall that almost half of all workers are employed by small businesses, and that small businesses represent 99.7% of all firms. By contrast, then, the remaining 0.3% are large firms who employ the other half of all workers.
These larger corporations have a some advantages over smaller businesses. They are capable of generating significantly more revenue than smaller companies. This gives these companies considerably more clout when it comes to politics, were money and influence go hand in hand. The proliferation of mega PBMs and Mega Chain Pharmacies, is in part, a power struggle.
But larger corporations also have weaknesses. The larger a company, the slower it is able to adapt to market conditions. Recently, an executive for a large company visited our store to evaluate one of our proprietary pieces of technology. The process of this evaluation has continued over many, many months, and we were becoming frustrated by the pace of the progress. The executive explained that his company was “like an aircraft carrier — taking several miles to make a turn.” Our small business, on the other hand, was essentially a jet ski running circles around them. The analogy makes a lot of sense.
What is the Goal?
The idea of four dollar generics did not come from independent pharmacies. This idea from larger companies was designed to loss-leader their pharmacy department to drive customers into their stores with the goal of making money on their other purchases. The loss-leader programs played into the PBM industry’s main tool: reducing drug costs. The PBMs used these programs to further push reimbursement for these products well below that four dollar level. Both large and small companies alike continue to look for ways maximize efficiencies and reduce costs as reimbursement continues to plummet. Today, many products are being reimbursed at levels well below the cost to dispense them. This is not a sustainable goal.
Given the current emphasis on quality care at reduced costs, community pharmacists have been tasked to make sure that the patient achieves their therapeutic goals. The least expensive medication may not be the one that saves the health care system the most money. Pharmacy with an emphasis on patient care is increasingly being recognized for its ability to decrease total health spend. This is aligns well with the new goals Medicare and other payor are gradually adopting. Care is the new goal.
It will take a lot of effort for the large chains to turn their ships in this new direction. Without reimbursement for this professional service, however, the large ships have little incentive to change course. While small independent pharmacies can change course quickly, they are faced with an equally difficult challenge: with reimbursement levels now so anemic, sustaining a practice without other revenue streams is becoming near impossible. This pharmacy driven care initiative is in jeopardy. The jet skis can lead larger ships only if they continue to have fuel.
Congress needs to recognize the problem and take action. Congress needs to look past the large and powerful lobbies preaching savings from reducing drug cost. The real game is patient care. Congress needs to recognize the contributions made by pharmacists and allow them to be paid for these contributions. This is going to involve more than pharmacists receiving provider status under Medicare.
To make care a driving force, Medicare Part D plans must have a stake in the total health spend. This will force them to broaden their product-only strategy. Congress should reward the Part D plans for reducing Medicare’s health-spend, and the Part D plans should pay pharmacists for making this happen. A care-centered revenue stream is what pharmacy practice needs. This will also create the necessary incentive required to help the larger ships at sea to start their turns.
Pharmacists need to unite in a grass roots campaign to reform the system at the federal level. Now is the time. Make your voice count.
Don’t Get Caught By PBMs’ MAC Mousetraps (Repost)
The Thriving Pharmacist has spent some time in the past discussing MAC prices as they are applied to PBM-pharmacy contracts. The concept of MAC price, however, is also a tool used by the PBMs in their dealings with the payor. Despite being several years old, the article referenced below address how the PBM industry manipulates MAC prices on the payor side.
For an excellent explanation of MAC pricing from a Payor’s perspective, read Don’t Get Caught By PBMs’ MAC Mousetraps by Linda Cahn (ManagedCare September 2008)