Patient and Provider Groups Call on Congress to Stop CMS Policy

Recently, the All Copays Count Coalition (ACCC) sent a letter to House of Representatives Speaker Nancy Pelosi and Minority Leader Kevin McCarthy, asking them to support H.R. 7647, the Preserving Patient Savings on Drug Costs Act.

H.R. 7647 is a bipartisan bill introduced in the United States House of Representatives that would temporarily delay implementation of the “copay accumulator adjustment program” provision of the Department of Health and Human Services’ (HHS) 2021 Notice of Benefit Payment Parameter (NBPP). The “copay accumulator adjustment program” is a policy adopted by health insurers and pharmacy benefit managers (PBMs) that prevents copay assistance from manufacturers from being applied toward a patient’s annual deductible or out-of-pocket cost limit.

There is a provision in the 2021 NBPP, finalized in May 2020, that allows health insurers and PBMs to adopt “copay accumulator adjustment programs,” which allows insurers and PBMs complete discretion on whether or not they will count manufacturer copay assistance towards a patient’s out-of-pocket cost burden. According to the ACCC, copay accumulator adjustment programs increase patient costs, making it more difficult for patients to afford needed prescription drugs, which can put the health and safety of patients at risk.

According to ACCC, H.R. 7647, which has 34 co-sponsors from both major political parties, would delay the copay assistance component of the 2021 NBPP until after the declared coronavirus public health emergency is over. According to a recent National Hemophilia Foundation (NHF) online survey, more than 80% of American voters – across political parties – believe the government should require copay assistance to count toward patients’ annual out-of-pocket limit.

In the letter, the ACCC urges lawmakers’ support of the bill “in the next package of COVID-19 response legislation to help patients with chronic illness afford the necessary prescription medication during this time of economic crisis.”

The letter goes on to state, “The 2021 NBPP, finalized in May of this year, grants issuers the discretion not to count manufacturer copay assistance toward a beneficiary’s annual cost sharing, regardless of generic availability. Despite our urging to reconsider their position prior to finalizing the rule (and despite taking the opposite stance in the 2020 NBPP), HHS proceeded as planned, failing to protect patients amidst a global pandemic. ACCC now turns to Congress to act on the bipartisan goal of making prescription drugs more affordable for everyone. Passing this legislation will provide patients with the much-needed assurance that they will be able to afford their prescription drugs during this time of great uncertainty, with no impact on the federal budget.”

The ACCC believes that if this legislation were to pass and be signed into law, it would help patients around the country afford their medication. The letter was signed by individuals representing the ACCC Steering Committee from a variety of nonprofit patient and provider organizations, including the American Kidney Fund, the National Hemophilia Foundation, National Multiple Sclerosis Society, and The AIDS Institute. The ACCC members who signed off on the letter include fifty nationally recognized nonprofit patient and provider organizations for a variety of medical conditions.

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