January 25, 2018
Via Electronic Submission: CompetitionRFI@hhs.gov
John R. Graham
Acting Assistant Secretary for Planning and Evaluation
Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Re: Response to RFI: Promoting Healthcare Choice and Competition
Dear Mr. Graham:
The Senior Care Pharmacy Coalition (SCPC) commends the office of the Assistant Secretary for Planning and Evaluation (ASPE) at the Department of Health and Human Services (HHS) for its request for information to promote healthcare choice and competition across the United States. We appreciate ASPE’s interest in input from the public on the extent to which existing State and Federal laws, regulations, guidance, requirements and policies limit choice and competition across all healthcare markets, and the identification of actions that States or the Federal Government could take to support the development and operation of a healthcare system that provides high‐quality care at affordable prices for the American people.
As the only organization in Washington that exclusively represents the interests of long-term care (LTC) pharmacies, the Senior Care Pharmacy Coalition (SCPC) has studied this issue closely and has several recommendations for ASPE’s consideration related to the distribution of prescription drugs across the country, and particularly the anticompetitive role that Pharmacy Benefit Managers (PBMs) play in that process.
ASPE also seeks information concerning laws, regulations and policies that, if modified, would enhance the ability of health care providers to provide the highest quality of care possible at an affordable and competitive price. In particular, modifying HHS policies regarding False Claims Act cases so they are consistent with recent Department of Justice policies would benefit competition, while reducing costs for both health care providers and the federal government.