FMI Hails House Approval of Legislation to Delay Flawed Medicaid Reimbursement Formula That Threatens the Survival of Thousands of Pharmacies

ARLINGTON, VA — June 24, 2008 — The Food Marketing Institute (FMI) hailed the House today for passing legislation that delays a Medicaid drug reimbursement formula that could close down more than 11,000 pharmacies, including many operated by supermarkets.

     “This vote is a victory for low-income families across America,” said Cathy Polley, FMI vice president of pharmacy services. “A delay would give Congress an opportunity to legislate a reimbursement formula that preserves pharmacies that serve the neediest Americans.”

     This legislation is critical because pharmacies that serve numerous Medicaid patients cannot survive a 10 percent to 20 percent loss filling prescriptions. When these pharmacies shut down, especially in rural and inner-city areas, many consumers would have to travel long distances to obtain critical medicines.

     The measure, titled the Medicare Improvements for Patients and Providers Act of 2008 (H.R. 6331), delays until September 30, 2009, the implementation of the Average Manufacturer Price (AMP) reimbursement formula. Government, academic and industry studies agree that this formula would cause pharmacies to lose money when dispensing generic Medicaid prescriptions.

     The legislation also helps pharmacies by accelerating reimbursement for Medicare Part D claims to 14 days for those submitted electronically and 30 days for those submitted by other means. The current reimbursement time often exceeds a month.

     The measure is pending in the Senate.

About FMI

As the food industry association, FMI works with and on behalf of the entire industry to advance a safer, healthier and more efficient consumer food supply chain. FMI brings together a wide range of members across the value chain — from retailers that sell to consumers, to producers that supply food and other products, as well as the wide variety of companies providing critical services — to amplify the collective work of the industry. www.FMI.org