Pharmacists, governor reach agreement on TennCare bill
NASHVILLE (AP) — A battle between pharmacists and Gov. Phil Bredesen over a provision in his TennCare legislation ended Wednesday in a compromise that allows the bill to move forward in the General Assembly.
It keeps pharmacists at the table as the governor overhauls the $7.3 billion health care program and allows Bredesen to do whatever he feels is necessary to cut costs, particularly in problem area of prescription drug purchases.
The debate concerned a state law allowing any pharmacist willing to offer drugs or medical supplies at the lowest cost negotiated by the state to do so.
Last month, a Memphis chancellor ruled the city had violated the “any willing provider” law by requiring city employees and retirees to use mail-order drugs. The chancellor found the law applies to all government programs, including TennCare.
Bredesen’s original bill would have changed the law by specifying “any willing provider” did not apply to TennCare. He said he was seeking the authority to contract with mail-order companies to provide TennCare enrollees with low-cost drugs and medical supplies.
An amendment approved by the Tennessee Pharmacists Association and the administration would leave the “any willing provider” provision in the law, but add that “any initiative, program or measure operated by the bureau of TennCare … may require enrollees to obtain prescription drugs, durable medical equipment or medical supplies in such manner as the bureau of TennCare determines to be the most cost-effective.”
The amendment also requires TennCare officials to consult with pharmacists in making such a determination.
It will be considered Thursday by the Senate Commerce Committee.
Rep. David Shepard, a Dickson Democrat and pharmacist who fought for the change, said it “gives the governor the freedom to pursue whatever tools he needs from a prescription standpoint to fix TennCare, but gives us a place at the table to discus future plans.”
Shepard said pharmacists have consistently participated in TennCare even through its toughest times. His pharmacies alone are still owed $80,000 by two TennCare management companies that failed.
Anna Windrow, Bredesen’s senior adviser for legislation and policy, said the administration and pharmacists worked together on the issue, which “was resolved without a negative impact on the framework for what the governor needs to do.”
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On the Net:
Read SB3394/HB3512 and SB3392/HB3513 at http://www.legislature.state.tn.us