U.S. Rep. Mike Ross (D-AR) today issued a statement expressing disappointment that the Federal Trade Commission, in a split decision, voted not to challenge the merger of Express Scripts and Medco.  Ross urged the advancement of legislation to address concerns related to pharmacy benefit manager (PBM) practices.

In anticipation of hundreds of meetings between pharmacy advocates and Members of Congress and their staff as part of NACDS RxIMPACT Day on Capitol Hill, the National Association of Chain Drug Stores (NACDS) sent a letter to U.S. Representative Cathy McMorris Rodgers (R-WA) applauding the introduction of her legislation yesterday that would establish Medicare standards for pharmacy audits and reimbursement by pharmacy benefit managers (PBM), who often use opaque methods and unfair tactics that threaten access to community pharmacy-provided services.

Resolution urging Governor to oppose PBM mega-merger reflects state and local concerns alike

Medco Health Solutions’ home-state legislators have delivered a bold and revealing blow to the pharmacy benefit manager’s proposed mega-merger with Express Scripts Inc., and NACDS was quick to praise the New Jersey lawmakers for their action.

In a resolution passed by the New Jersey Assembly on Thursday, the chamber urged Gov. Chris Christie (R) to oppose the controversial deal, citing the same anti-competitive and anti-consumer concerns that have fueled scrutiny or outright opposition by more than half of state attorneys general, more than 70 members of the U.S. Congress, national consumer groups and employers.

NACDS members, pharmacy students and faculty, and state pharmacy association representatives will travel to Washington, D.C. on March 21 and 22 for the event known as NACDS RxIMPACT Day on Capitol Hill. NACDS says the message of approximately 250 Congressional meetings will focus on public policy issues that can either leverage the unsurpassed value of neighborhood pharmacies to advance patient care, or that could alternatively hinder the health of patients, employment and community economies alike. 

“No issues are higher on NACDS’ list of priorities than urging members of Congress to express to the Federal Trade Commission (FTC) their concerns and opposition to the proposed Express Scripts and Medco merger, and advocating for legislation to regulate pharmacy benefit managers,” said NACDS President and CEO Steven C. Anderson, IOM, CAE. 

In Monday's hearing of the House of Representatives Subcommittee on Financial Services and General Government Appropriations, U.S. Reps. Rodney Alexander (R-LA) and Steve Womack (R-AR) voiced concerns about the proposed Express Scripts and Medco mega-merger, and questioned Federal Trade Commission (FTC) Chairman Jon Leibowitz and Commissioner J. Thomas Rosch on the controversial deal's impacts on pharmacy patient care.

"Influence Alley" - a blog of the Capitol Hill publication National Journal - wrote about the upcoming "fly-in" of the National Association of Chain Drug Stores, and the fact that pharmacy benefit manager issues will be on the list of topics to be addressed by pharmacy advocates in hundreds of meetings with legislators.

Sen. Herb Kohl (D-WI), who as chairman of a key Senate subcommittee presided over a hearing about the proposed Express Scripts and Medco merger last December, has "outlined his concerns" about the deal in a letter to the Federal Trade Commission.

In a letter to the Federal Trade Commission, U.S. Rep. Kathleen Hochul (D-NY) has expressed concerns about the proposed merger of pharmaceutical insurance middlemen Express Scripts and Medco, warning that decreased competition could result in the merged PBM's "raising consumer prices across the country."

Perhaps it was deception, or perhaps it was denial, when Medco CEO David Snow dismissed the relationship between patients and community pharmacists as "fiction."  In any case, his words at an October healthcare conference at Cleveland Clinic have bitten him back again, this time with a member of Congress from Wisconsin citing his rhetoric in a letter to the Federal Trade Commission.

The ranking Democratic member of the U.S. House of Representatives Commerce, Manufacturing, and Trade Subcommittee has urged that panel's chairman to call a hearing on the proposed Express Scripts and Medco mega-merger.  Rep. G. K. Butterfield (D-NC) wrote to Subcommittee Chairman Mary Bono Mack (R-CA), "Given the enormity of the proposed merger and its potential to threaten fair and adequate access to health care and pharmacy services for all Americans, our Subcommittee should carefully examine its true impact on consumers.  For example, we should explore the claims that this merger will be able to generate savings for consumers.”

Regarding the proposed merger of Express Scripts and Medco, U.S. Rep. Ralph M. Hall (R-TX) today wrote to the Federal Trade Commission (FTC), saying "I urge the FTC to take a close look at this proposed merger, at which point I am confident that it will be denied." 

Rep. G.K. Butterfield (D-NC) wrote to Federal Trade Commission Chairman Jon Leibowitz yesterday, expressing "great concern" over the proposed Express Scripts and Medco merger.  In his letter, Rep. Butterfield conveyed skepticism over the pharamacy benefit managers' (PBM) claim that a merger would result in healthcare cost savings - strong skepticism that has been shared by consumer groups, members of Congress, and many others.  

Says PBMs’ flawed claims are “illustrative” of current practices and of future actions if anti-competitive and anti-consumer merger is allowed

The National Association of Chain Drug Stores submitted comments to U.S. Senator Herb Kohl (D-WI), clarifying misleading statements made by Express Scripts Chief Executive Officer George Paz and Medco Chief Executive Officer David Snow at a recent congressional hearing.

"One of the main arguments, Mr. Paz, for the merger, is that, combined, you'll be able to develop more innovation and new clinical tools and strategies for cutting costs.  And yet, we all know that innovation is the fruit of competition and that the more competitors, the more innovation and the better the consumer is served.  You seem to be making an argument to the contrary.  Have you come up with a new concept for how capitalism works?"

- Sen. Herb Kohl (D-WI), chairman of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, at a hearing today on the proposed merger of Express Scripts and Medco.  Chairman Kohl asked the question of George Paz, chairman and CEO, Express Scripts, Inc.

"It is notable that no large employer who privately expressed concerns to us wished to testify at today's hearing, often telling us that they feared retaliation from the large PBMs with whom they must do business," stated Chairman Herb Kohl (D-WI) at a hearing of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights today.

Emphasizes lack of evidence that PBMs pass on savings to consumers, employers and health plans; notes abundance of skepticism among consumer groups and public officials

Mike Bettiga, chief operating officer of NACDS-member Shopko Stores Operating Company, LLC, testified before the U.S. Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights on the proposed mega-merger of Express Scripts and Medco and its feared negative effects on health outcomes and patient and prescription drug costs. The subcommittee held a hearing on the controversial proposed acquisition in the pharmacy benefit manager (PBM) industry, titled “The Express Scripts/Medco Merger: Cost Savings for Consumers or More Profits for the Middlemen?”

Consumers Union and NACDS are among those quoted in a New York Times article published on the day of a Senate Judiciary subcommittee hearing on the proposed Express Scripts and Medco merger.  "Our concern is that a mega PBM would have tremendous power and control over what prescription drugs Americans can get, where they get them, and how much the drugs cost," said Don Bell, senior vice president and general counsel for NACDS.

In a letter to the Federal Trade Commission (FTC), three more Senators have communicated concerns about the proposed Express Scripts and Medco merger and have urged a "thorough and complete investigation, including examining any potential impact on consumers, patients, third party and federal payers."

U.S. Sens. Mark Pryor (D-AR) and John Boozman (R-AR) today questioned Federal Trade Commission (FTC) nominees about scrutiny of the proposed Express Scripts and Medco merger.  The Senators asked their questions as part of a Senate Commerce, Science & Transportation Committee hearing on the re-nomination of FTC Chairman Jon Leibowitz and the nomination of Maureen Ohlhausen to become a Commissioner. 

David Balto, who previously served as policy director at the Federal Trade Commission (FTC) and who now represents opponents of the proposed Express Scripts and Medco merger, made a compelling case in a leading Capitol Hill newspaper against the emergence of a mega-pharmacy-benefit-manager (PBM).

The Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy and Consumer Rights has announced a hearing on the proposed Express Scripts and Medco merger.  The hearing - titled "The Express Scripts/Medco Merger: Cost Savings for Consumers or More Profits for the Middlemen?" - will be held December 6, 2011, at 2:30 p.m.

Nine Republicans and 5 Democratic members of the U.S. House of Representatives have joined forces to urge the Federal Trade Commission (FTC) to "conduct a full and thorough investigation" of the proposed Express Scripts and Medco merger, "including examining the impact that the merger will have on consumers, patients, third party and federal payers."  In a letter to the FTC, the members of Congress cited a Department of Health and Human Services Office of the Inspector General Report that said of pharmacy benefit manager practices, "pharmacy discounts were not always passed on to the beneficiaries and the Government."

With news breaking that a Senate subcommittee is planning a hearing to further scrutinize the proposed Express Scripts and Medco merger, NACDS told Modern Healthcare: “We are very receptive and appreciative of the news that another hearing will be forthcoming, because we believe that the continued scrutiny of this mega-merger is appropriate and certainly in the best of consumers.” 

Bloomberg reports that U.S. Sen. Herb Kohl (D-WI), chairman of the Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy and Consumer Rights, is planning a hearing on the proposed Express Scripts and Medco mega-merger.

In an op-ed column published in today's edition of The Hill, former U.S. Rep. Eva M. Clayton (D-NC) said of the proposed Express Scripts and Medco mega-merger: "Not all mergers are bad - and there are certainly cases where merging two industry leaders would be a good thing.  However, in this particular case with these two specific companies, the consequences greatly outweigh any potential good."

In a letter to the Federal Trade Commission today, U.S. Rep. Joe Courtney (D-CT) expressed opposition to the proposed Express Scripts and Medco merger.  "There is little evidence that increased market concentration of Express Scripts will significantly lower costs for consumers or the American taxpayer," Rep. Courtney wrote. 

Pharmacist, 40-year community pharmacy veteran: Express Scripts-Medco merger would be a “tipping point in PBM market consolidation”

Dennis Wiesner, senior director of privacy, pharmacy and government affairs for National Association of Chain Drug Stores (NACDS) member H-E-B (San Antonio, Texas), testified before a House panel today about the negative effects – ultimately on consumers – if the proposed merger between pharmacy benefit managers (PBM) Express Scripts and Medco were approved. The Judiciary Subcommittee on Intellectual Property, Competition and the Internet held a hearing today titled “The Proposed Merger between Express Scripts and Medco.”

Emphasizes unsurpassed value of community pharmacy in improving patient health, lowering healthcare costs across the board

The National Association of Chain Drug Stores (NACDS) today sent letters to U.S. Senator Mark Pryor (D-AR) and U.S. Representative Cathy McMorris Rodgers (R-WA) applauding their sponsorship of companion legislation that seeks to preserve pharmacy choice for patients and takes additional steps to prevent threats to pharmacy patient care.

A Reuters article describes a letter to the Federal Trade Commission from U.S. Reps. Henry Waxman (D-CA), Frank Pallone (D-NJ) and Diana DeGette (D-CO).

Urges opposition to merger in comments to Ways and Means Subcommittee on Health

Questions whether huge PBM would live up to claims of passing along any cost-savings

Calling on Congress to scrutinize the controversial proposed merger of two large pharmacy benefit management (PBM) companies, today the National Association of Chain Drug Stores (NACDS) submitted comments to the U.S. House of Representatives Ways and Means Subcommittee on Health emphasizing its opposition to the proposed Express Scripts and Medco. The House panel held a hearing today titled “Health Care Industry Consolidation.”

An Associated Press article reports on a letter to the Federal Trade Commission by U.S. Rep. Don Young (R-AK).

In a letter to House of Representatives Judiciary Committee Chairman Lamar Smith (R-TX), U.S. Rep. John Conyers (D-MI) urged a Congressional hearing to review the proposed merger of Express Scripts and Medco.