Valley Pharmacy owner denied access to PBM legislative meeting

By John Brice
Correspondent

Members of the legislative study group assigned by Speaker of the House Nathaniel Ledbetter to research the plight of independent pharmacies in Alabama being driven out of business by industry middlemen known as Pharmacy Benefits Managers met in Room 200 inside the State House during the morning hours of Thursday, August 29th of 2024. Legislators, lobbyists and representatives from Blue Cross Blue Shield of Alabama as well as the Business Council of Alabama were ushered into the secretive Montgomery meeting while independent pharmacy owners and pharmacists were denied access and physically blocked from entering the room at the behest of Speaker Ledbetter. Valley Pharmacy co-owner Craig Moore was one of the guests prevented from entering the meeting along with other pharmacy staff who had come from across the state to attend which included Huntsville, Ashland and Dothan.
At issue is a pattern of alleged malfeasance by the PBMs in which they overcharge employers for prescription drugs through the health insurance plans that they pay for on behalf of their employees and then in turn undercompensate pharmacies for the cost of the drugs that they fill prescriptions on. This negative equation leaves the pharmacies taking a net loss which threatens to force them out of business.as the PBMs have been accused of skimming the difference in a form of embezzlement where they keep the profits they make from overcharging employers and underpaying pharmacies. Craig Moore agreed to an exclusive interview with the LaFayette Sun to share the details of his experience at the State House in Montgomery.
Asked to provide background on the curious situation, Moore remarked “Earlier in the week, I learned that there would be a committee meeting (study group they call it different things to suit their purpose) session that was to be held at the State House on August 29th. I decided to go because one of the things that we have been told during our meetings with legislators and in conversations with liaisons to Governor Ivey was that we did not have a strong voice especially when you consider the amount of opposition that the AAHC (special interest) had.”. Moore went on to continue “While attempting to find a place to park, one of my colleagues called me on the phone and said that he was granted entry and then was asked to leave after about 2 minutes. The reason that was given was that the Speaker’s Office had decided that it would be a closed meeting. I proceeded through the security checkpoint and was met by three other pharmacists/ business owners that told me they were denied entry for the same reason. We decided at that point that we would go to the Governor’ Office and lodged a complaint for being denied access. We were puzzled about the Open Meeting Laws. We were puzzled how the opposition to HB 238 could be in the room as participants and the biggest stakeholder or the ones with the most to lose (Independent Pharmacy Owners) were not allowed. It just didn’t pass the smell test and we wanted answers.”
Concluding his account of the events as they transpired, Moore commented “We were able to talk to three different members of Governor Ivey’s staff and voice our concern but they had no answers for us. An anonymous individual reached out to me on Sunday, September 1st and told me that the committee was not actually approved or sanctioned by the legislature so thus the Open Meeting Rules / Laws did not apply and that they had the right to close the meeting to us. The question still remains why would they not want the stakeholders with the most to lose to attend the meeting. Our intent was to listen. The anonymous source also indicated that we were represented by two pharmacists and two lobby groups so we did in fact have representation. As citizens of the State our chief intention was to show support and to listen. We did not come with pitchforks and torches. We were only acting on the advice to be present and active in the process. None of it passes the smell test.”