Today Representatives Marion Berry (D-Ark.) and Jerry Moran (R-Kan.) sought to correct unfair treatment of community pharmacists by introducing H.R. 616. Community pharmacists are the only medical professionals that must meet the new accreditation requirements of Medicare Part B suppliers of Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS). H.R. 616 includes language exempting pharmacists from this time-consuming, expensive and redundant rule that was finalized by the Centers for Medicare & Medicaid Services (CMS) last fall. Under this bill, pharmacists would join the 17 other medical professional who are already conditionally exempted, such as physicians, nurse practitioners and opticians.

“Pharmacists have been unfairly singled out for this DMEPOS accreditation rule, but patients will be the ones who truly lose out if this isn’t changed,” said Bruce T. Roberts, RPh, executive vice president and CEO of the National Community Pharmacists Association (NCPA), “Representatives Marion Berry and Jerry Moran, who are strong allies of community pharmacies, are offering a solution with H.R. 616. They understand the current policy could prevent patients, especially in underserved areas, from accessing medical supplies that help navigate health challenges such as controlling diabetes.”

Community pharmacists possess professional training and expertise and are already subject to government regulation and oversight as state-licensed medical professionals and businesses, who will incur civil and criminal sanctions for violations. In addition, the accreditation fees, training and implementation costs are projected to total at least $5,000 to $7,000, over three years, which is cost prohibitive for pharmacists. The requirement is therefore not only redundant; it’s an unnecessary expense that will harm patient access to quality care.

“In rural areas, including many small towns across Arkansas, community pharmacists are often the only medical professionals available who can supply this vital equipment to patients,” said Rep. Berry. “The current law threatens the ability of patients to get the supplies and care they must have to stay healthy. This bill will ensure Medicare patients have access to the supplies they need while also helping community pharmacies keep their doors open.”

Without the adoption of H.R. 616, three immediate issues will arise. First, many community pharmacies will discontinue providing DMEPOS services for their patients. Second, patients in underserved communities will have to travel much longer distances to get these services, or even be forced to use mail order and internet operations where fraud is more prevalent. This is ironic, since one of the main reasons for requiring accreditation was to prevent fraud from occuring. Third, if pharmacists stop providing DMEPOS services, patients will lose their advice and expert training, which would dramatically undermine the potential benefits of these medical supplies. 

“It is essential that community pharmacists continue to provide patients with quality health care,” said Rep. Moran. “Community pharmacists are the only licensed medical professionals subject to this unnecessary and unfair CMS regulation. To guarantee their equal treatment, Congressman Berry and I introduced this legislation which will ensure that pharmacists can continue to provide the equipment and services necessary to keep patients healthy.”

A one-page document describing the issue and bill is available for download. 

The National Community Pharmacists Association, founded in 1898, represents the nation’s community pharmacists, including the owners of more than 23,000 pharmacies. The nation’s independent pharmacies, independent pharmacy franchises, and independent chains dispense nearly half of the nation's retail prescription medicines. To learn more go to the NCPA Web site.