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Where Walgreens won’t sell abortion pills

Presented by PhRMA: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Mar 03, 2023 View in browser
 
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By Daniel Payne and Krista Mahr

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Driving the Day

A Walgreens Pharmacy sign on a building.

Walgreens won’t sell abortion pills in certain states, including some states that don’t have abortion bans. | Joe Raedle/Getty Images

NOT FOR SALE — Walgreens won’t dispense abortion pills in some states without bans, acting out of an abundance of caution amid a shifting policy landscape, threats from state officials and pressure from anti-abortion activists, POLITICO’s Alice Miranda Ollstein reports.

Nearly two dozen Republican state attorneys general wrote to Walgreens in February, threatening legal action if the company distributes the drugs, which have become the nation’s most popular method for ending a pregnancy.

The company told POLITICO that it has since responded to all the officials, assuring them they won’t dispense abortion pills by mail or at their brick-and-mortar locations in those states.

The list includes several states where abortion — including medications for abortion — remains legal, such as Alaska, Iowa, Kansas and Montana. Kansas’ law that patients can get abortion pills from only a doctor is blocked in court.

“There is currently complexity around this issue in Kansas and elsewhere,” said Fraser Engerman, Walgreens’ senior director of external relations.

Walgreens said it is not yet distributing the pills anywhere in the country but is working to obtain certification to do so in some states, though the company declined to say which.

“In my letter to Walgreens, we made clear that Kansas will not hesitate to enforce the laws against mailing and dispensing abortion pills, including bringing a RICO action to enforce the federal law prohibiting the mailing of abortion pills,” Kansas Attorney General Kris Kobach said in a statement. “Evidently, Walgreens understood that my office was serious about this. I’m grateful that Walgreens responded quickly and reasonably and intends to comply with the relevant laws.”

WELCOME TO FRIDAY PULSE, where we recently learned the raccoon puppet nicknamed Raccacoonie from Everything Everywhere All at Once sold at auction for $90,000.

Do you like raccoons — or have movie props? Send us a scoop: dpayne@politico.com and kmahr@politico.com.

TODAY ON OUR PULSE CHECK PODCAST, your host Krista talks with Ruth Reader about online therapy company BetterHelp’s settlement with the FTC for allegedly sharing customers’ sensitive health data with third parties and why it's another health data warning shot from the FTC.

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A message from PhRMA:

Insurers and PBMs don’t pay full price for your medicines. So why do you?  Insurers and PBMs get discounts on medicines. Surprised? These savings can reduce the cost of some brand medicines by 50% or more, but insurers and PBMs aren’t required to share these savings with you. What else don’t they want you to know?

 
In Congress

Loose oxycodone pain pills

Lawmakers want the FDA to be able to reject new approval requests for opioids that aren’t more effective than those already on the market. | John Moore/Getty Images | Getty

FIRST IN PULSE: NEW OPIOID RULES PROPOSED — Reps. David Trone (D-Md.) and Dan Meuser (R-Pa.) plan to introduce a bill that would strengthen the FDA’s ability to regulate opioids.

If passed, the bill would allow the FDA to deny approvals of new opioids unless the drug is clinically superior to existing offerings.

Called the Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement (EFFECTIVE) Act, the legislation has a companion bill in the Senate led by Sens. Joe Manchin (D-W.Va.) and Mike Braun (R-Ind.).

FOCUS ON 340B — Several members of the Senate HELP Committee chimed in on the 340B program, which requires drugmakers to sell their products at a discount to health providers that serve low-income communities, during a Thursday hearing on community health centers, Daniel reports. The comments offer hints of what Congress might have in store for the program this year.

“This is an issue for a separate hearing,” said Sen. Roger Marshall (R-Kan.), adding he believes it to be a “successful program.”

Others on the committee agreed, like Sen. Tammy Baldwin (D-Wis.), who called herself a supporter of the program.

Some senators — and witnesses representing community health centers — blamed pharmacy benefit managers for profiting off the program. The suggestion of reforms to 340B was mentioned briefly, with at least one provider representative saying they’re open to it.

Other senators were more general when talking about who might be misusing the program.

“There are a lot of abuses of that program,” Sen. Bill Cassidy (R-La.) said, offering a hypothetical of a hospital using it to boost profits but also noting that he believed some providers use it to serve patients well.

HSAs FOR DIRECT PRIMARY CARE? A bill introduced by Sens. Cassidy, Jeanne Shaheen (D-N.H.), Tim Scott (R-S.C.) and Mark Kelly (D-Ariz.) would allow health savings accounts to be used to pay for direct primary care.

The Primary Care Enhancement Act would lower costs and expand access, its supporters say, adding it would allow less reliance on specialists and hospital referrals.

 

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Around the Agencies

LOOKALIKES — Researchers are concerned about new “menthol-like” cigarettes for sale in markets where menthol cigarettes are banned, POLITICO’s Katherine Ellen Foley reports from San Antonio.

Carol McGruder, co-chair of the African American Tobacco Control Leadership Council, asked FDA Center for Tobacco Products officials how products like Camel Crush, Camel Crisp and Newport Non-Menthol cigarettes are for sale in California despite the state’s recent ban on most flavored tobacco products, including menthol cigarettes.

Many smoking cessation experts have championed the ban on menthol cigarettes, which are easier to inhale because of menthol’s cooling effect on the throat. California’s ban on menthol cigarettes went into effect in December, just a few months after the menthol-like cigarettes began appearing in stores.

IN THE STATES

YOU HAVE A DEAL — North Carolina Republicans have reached an agreement to expand Medicaid, potentially ending a near-decade-long negotiation, House Speaker Tim Moore and Senate leader Phil Berger said Thursday.

POLITICO’s Dan Goldberg reports that the deal, which could provide health insurance to up to 600,000 people, represents a win for Gov. Roy Cooper, the term-limited Democrat who campaigned in 2016 on expanding the low-income government program.

Though a deal seemed within reach at several points over the past seven years, it always fell victim to last-minute snags. But the path was smoothed this time, partly because of the federal Healthcare Access and Stabilization Program — a new reimbursement program for hospitals that helps defray North Carolina’s portion of Medicaid expenses.

 

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Abortion

WYOMING’S PRESCRIPTION BAN — On Thursday, Wyoming lawmakers passed legislation that threatens any doctor who prescribes abortion pills with up to six months in prison and a $9,000 fine.

Abortion remains legal in Wyoming, while a case that blocked the state’s trigger ban last year is ongoing. But because the state currently has no abortion clinics, the ban on medication abortions will act as a de facto ban on all abortions.

The most recent available state data shows that 98 abortions took place in the state in 2021, and all were nonsurgical medical abortions, done with pills.

HEALTH TECH

SETTLING ON PRIVACY — The Federal Trade Commission reached a settlement with online therapy company BetterHelp over allegations it shared customers’ sensitive health data with third parties for advertising purposes, POLITICO’s Josh Sisco and Ruth Reader report.

The Teladoc-owned company has agreed to pay $7.8 million and change a variety of its business practices to resolve allegations that it shared consumer data with third parties despite telling customers it wouldn’t, according to the documents. The commission voted 4-0 to approve the settlement, according to an FTC official granted anonymity to speak about a confidential matter.

 

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Names in the News

Physicians for Human Rights has added Saman Zia-Zarifi as executive director and Gareth Crawford as COO. Zia-Zarifi previously was secretary-general of the International Commission of Jurists. Crawford previously was president and CEO of the Carey Institute for Global Good.

Melissa Bartlett has been appointed senior vice president for health policy by the ERISA Industry Committee.

What We're Reading

STAT reports on how coverage can change — even under the same insurer for the same drug for the same patient.

KHN writes about states sometimes seeking repayments from the estates of people on Medicaid after they die.

 

A message from PhRMA:

Insurers and their PBMs don’t want you to see that you could be paying more than they are for your medicines. Rebates and discounts can significantly lower what insurers and PBMs pay for medicines. These savings can reduce the cost of some brand medicines by 50% or more. But insurers and PBMs aren’t required to share those savings with you at the pharmacy counter.

They don’t want you to see that they use deductibles, coinsurance and other tactics to shift more costs on to you. Or that the three largest PBMs control 80% of the prescription drug market. Or that last year they blocked access to more than 1,150 medicines, including medicines that could have lowered costs for you at the pharmacy. 

PBMs and insurance practices are shrouded in secrecy, they need to be held accountable.

 
 

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Dan Goldberg @dancgoldberg

Katherine Ellen Foley @katherineefoley

Lauren Gardner @Gardner_LM

Ben Leonard @_BenLeonard_

David Lim @davidalim

Krista Mahr @kristamahr

Megan Messerly @meganmesserly

Alice Miranda Ollstein @aliceollstein

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Daniel Payne @_daniel_payne

Ruth Reader @RuthReader

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