Newsletters

March 2026 - Newsletter

Written by Becky Templeton | Mar 18, 2026 2:41:35 PM

Included in this newsletter

  1. Brush Up on the Basics of M3P
  2. Medicare Provider Complaint Tool
  3. FDA Approves iPLEDGE Risk Evaluation and Mitigation Strategy (REMS) Modification
  4. NCPA Cheers as Trump Signs First Major PBM Reform in Decades
  5. TrumpRx is Live
  6. FTC Secures Landmark Settlement with Express Scripts to Lower Drug Costs for American Patients
 

Brush Up on the Basics of M3P

With the start of a new plan year, you might be filling prescriptions for Medicare patients who decided to join the Medicare Prescription Payment Plan (M3P). CMS required all Part D Plans to offer the M3P program as of Jan. 1, 2025. If you need a refresher, this explainer has been provided by the Pharmacists Society of Wisconsin and provides a great overview.

Pharmacies should be distributing copies of Medicare’s “Likely to Benefit” notice to patients every time you get a paid claim with Approved Message Code 056. This code is sent with claim copays greater than $600 to alert the patient that they may benefit from opting in to the Medicare Prescription Payment Plan (M3P). You can reach out to your pharmacy software vendor to help with identifying where these message codes appear and how to print the notice. Make sure the newest CMS version with a 12-31-2026 expiration date is printing.

Brush up on the basics of M3P | NCPA

Medicare Provider Complaint Tool  

The Centers for Medicare & Medicaid Services released a complaint tool for providers to report issues to CMS regarding Medicare Advantage plans. You can access the CMS tool here. NCPA created a complaint handout for patients with a QR code that you can display or distribute to patients that directs them to a CMS web based complaint form or toll-free phone number.

Provider complaint tool for Medicare Advantage | NCPA

FDA Approves iPLEDGE Risk Evaluation and Mitigation Strategy (REMS) Modification  

The approved modifications to the iPLEDGE REMS for isotretinoin will take effect on August 8, 2026, which is 180 days after the approval date of February 9, 2026. Important changes for pharmacies under the modifications include:

  • Clarifying language was added to the REMS to communicate that pharmacy staff training is required annually and records of the training completion should be maintained by the certified pharmacy’s authorized representative.
  • There is no longer a 30-day prescription window for patients who cannot get pregnant. Pharmacies may need to adapt their workflow practices to ensure that if a patient does not pick up the prescription, the authorization is reversed in the REMS and the prescription is returned to stock.

Changes for prescribers include:

  • Prescribers may opt to allow patients to complete pregnancy tests outside of a medical setting (e.g. at-home pregnancy tests) during and after treatment. However, patients must continue to complete their pre-treatment pregnancy tests in a medical setting. Prescribers will need to establish processes and procedures to minimize misinterpretation and falsification of pregnancy tests completed by patients outside of a medical setting.
  • If a person who can get pregnant does not pick up their prescription within the 7-day window, a repeat pregnancy test may be done immediately without an additional waiting period. If the patient has not received their first dose of isotretinoin, the repeat pregnancy test must be done in a medical setting.

You can view the FDA update here.

FDA approves modifications to iPLEDGE REMS for isotretinoin | NCPA

NCPA Cheers as Trump Signs First Major PBM Reform in Decades 

After years of NCPA advocacy, the president has signed into law provisions instituting the first meaningful federal reforms to pharmacy benefit manager practices. The bill requires the Centers for Medicare & Medicaid Services to define and enforce "reasonable and relevant" Medicare Part D contract terms; allows CMS to track payment trends to pharmacies and pharmacy inclusion in PBM networks, including a new designation of essential retail pharmacies; and prohibits PBM compensation in Medicare Part D from being tied to the manufacturer's list price of a drug in an effort to reduce drug prices and save money for taxpayers. You can read a high-level summary of the PBM reform provisions included here. Click here for a one-pager on additional provisions, including de-linking of PBM compensation, PBM audits, and 100 percent commercial pass-through.

NCPA cheers as Trump signs first major PBM reform in decades | NCPA

NCPA creates one-pager on PBM reforms | NCPA

TrumpRx is Live   

The White House unveiled TrumpRx.gov, a website acting as a portal to direct patients to the lowest prices for specific drugs. There are currently 43 drugs listed on the website. There are a few different options for patients to get discounts. Some drugs link directly to manufacturer programs, others are only available via mail order at certain pharmacies, but many of the drugs allow for a coupon to be printed and presented at a local pharmacy. Initial claims show that some of these coupons are processing with profitable results for pharmacies, but they may not always be the lowest prices for patients. It is recommended to continue monitoring profitability and be vigilant in following coupon eligibility requirements for abuse, fraud, and compliance in expectation of possible future audits.

TrumpRx is live | NCPA

TrumpRx prices not always the lowest option

FTC Secures Landmark Settlement with Express Scripts to Lower Drug Costs for American Patients  

The Federal Trade Commission has reached a landmark settlement with Express Scripts (ESI) after alleging that the PBM used anticompetitive rebate practices that helped inflate insulin list prices and increased patients’ out‑of‑pocket costs. Under the agreement, ESI must stop preferring high‑list‑price insulin over lower‑cost equivalents, base patient cost‑sharing on net prices rather than inflated list prices and increase transparency for plan sponsors. The FTC estimates these changes could lower patient insulin expenses by up to $7 billion over the next decade.

The settlement also carries significant implications for community pharmacies. ESI will be required to shift its reimbursement model toward a more transparent structure based on actual acquisition cost plus a dispensing fee, which is expected to generate millions of dollars in new pharmacy revenue each year. Additional requirements include enhanced reporting, disclosure of broker payments, and reshoring ESI’s group purchasing organization to the U.S. The proposed order is open to public comment for 30 days before being finalized.

FTC Secures Landmark Settlement with Express Scripts to Lower Drug Costs for American Patients | Federal Trade Commission

West Virginia Fines Transparent PBM Navitus

The West Virginia Insurance Commissioner, Allan McVey, issued an $800,000 penalty on Navitus for violations of the state's pharmacy audit, pharmacy reimbursement, and rebate pass-through laws between Jan. 1, 2023, and June 1, 2024. Navitus did not allow audited pharmacies the required 30 days to respond to preliminary reports and rejected documents to validate pharmacy records. Rebates totaling $540,000 were kept by the PBM rather than passed through as required by law. Navitus also did not reimburse West Virginia pharmacies at the required rate of National Average Drug Acquisition Cost (NADAC) plus a $10.49 professional dispensing fee. This enforcement action is notable given that Navitus is considered a transparent PBM.

W.Va. fines transparent PBM Navitus | NCPA

Texas Dispenser Gets DSCSA Warning

A med spa, Pure Indulgence Aesthetics, in Texas recently received a letter from the Food and Drug Administration following an inspection that highlights two of the currently-in-effect requirements of the Drug Supply Chain Security Act (DSCSA).

The requirements:

  • Pharmacies and other dispensers must exclusively deal with authorized trading partners, and
  • Must inspect packages received for a serialized product identifier.

DSCSA-regulated prescription products that do not have a product identifier (and are not covered by a waiver or exemption) or that have a product identifier that fails verification should be reported to FDA.  Click here to read a blog written by a former FDA attorney.

With less than nine months remaining, FDA continues to signal that DSCSA enforcement discretion will end on November 27, 2026. This underscores the importance of DSCSA awareness and compliance. Small dispensers are strongly encouraged by the FDA to:

  • Begin Electronic Product Code Information Services (EPCIS) connectivity testing
  • Develop and finalize DSCSA Standard Operating Procedures (SOPs)
  • Engage wholesalers and solution vendors early
  • Plan for verification at receipt workflows

It is recommended that you reach out to your pharmacy software vendor to inquire about which DSCSA vendors they are partnering with or suggesting to help with DSCSA compliance. As an example: PioneerRx software is partnered with InfiniTrak and LSPedia.

Here is an informational article from ACHC regarding DSCSA: Article - DSCSA: Safeguarding the Drug Supply Chain.

Texas dispenser gets DSCSA warning | NCPA

Compliance Question Review

Can a pharmacy legally refuse to dispense a prescription that is of doubtful, questionable, or suspicious medical legitimacy?

  • Pharmacist Professional Judgement and Corresponding Responsibility:
    • Yes, not only can they, but pharmacists are legally required to under a pharmacist’s corresponding responsibility for the proper dispensing of controlled substances. A pharmacist is required to exercise sound professional judgment and to adhere to professional standards when making a determination about the legitimacy of a controlled substance prescription. The pharmacist who deliberately ignores the high probability that a prescription was not issued for a legitimate medical purpose and fills the prescription, may be prosecuted along with the issuing practitioner for knowingly and intentionally distributing controlled substances. 21 U.S.C. 841(a)(1), 21 U.S.C. 842(a)(1), and 21 CFR 1306.04(a)
    • Follow the policy and procedure on the Compliance Portal®, DEA Program, Chapter 1, Item #1 - Drug Diversion Due Diligence (PP634) for guidance.
  • Documentation:
    • A pharmacist should keep an internal file of policy citation, the business/clinical rationale, dates, who approved, and a copy of the notice sent. Apply your policy consistently and maintain an appeal/review pathway (e.g., prescriber can submit additional documentation for reconsideration). Create a Standard Operating Procedure (SOP) for your organization’s process and detailed instructions on how to consistently and non-discriminately make such decisions (e.g., checking the Prescription Drug Monitoring Program (PDMP), Milligram Morphine Equivalent (MME) calculations, outside normal dosing guidelines, out of scope prescribing, multiple physicians, traveling from outside the area, pharmacy hopping, cash paying, no response or push back from physicians when requested to use the forms below, etc.)
    • Use the following forms located on the Compliance Portal®, DEA Program, Chapter 1, Item #3b - Opioid Treatment Plan Request Form (F0655), Item # 3c - Amphetamine Treatment Plan Request Form (F0653), Item #3d - Certification of Patient Enrolled in Hospice Care (F0657), and Item #3f - Medication-Assisted Treatment (MAT) Plan Request Form (F0654) to help document and inform physicians of issues.
  • Patient Access and Continuity:
    • While “abandonment” standards are usually framed for clinicians, pharmacies should still avoid obstructing access. Provide clear transfer options to another pharmacy upon patient request and continue to process those transfers lawfully.
  • Reporting:
    • The pharmacist is responsible for reporting fraudulent prescriptions or improper prescribing practices to law enforcement and/or the Drug Enforcement Agency.

Mark Your Calendar

  • DEA National Prescription Drug Take Back Day Expected April 25, 2026

Compliance Tip of the Month

If a policy and procedure exists, inspectors assume it is followed exactly as written. Review policies and procedures and update SOPs to reflect current, not historical, practices.