It's getting a bit repetitive. The call (battle cry) for repeal, waivers or at least a delay in health reform is everywhere in the health insurance industry. It's also coming from retailers, pharmacies and manufacturers.
Last week, opposition resonated from a number of groups that want Congress to change the new federal law, effective Jan. 1, and allow over-the-counter drugs to be purchased with money from flexible spending accounts.
These groups are asking Congress — during its lame duck session — to push back the law's start date two years, if it won't repeal altogether.
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Organizations (such as the Consumer Healthcare Products Association and the National Association of Chain Drug Stores) are worried the law will confuse consumers, restrict accessibility to useful medications, and hurt people financially by taking away tax-advantaged funds to pay for OTC drugs. Plus, they emphasize, pharmacies and retailers simply won't have adequate time and capability to modify their systems (Beginning Jan. 15, people will not be able to buy OTCs using their FSA debit and credit cards).
"This policy is unwarranted, and retailers, pharmacies, pharmacists, and manufacturers need more than two weeks to evaluate this policy," the groups wrote in a letter addressed to Congressional leaders. "It further undermines the broader efforts to promote accessible and cost-effective health care. Additionally, the short time-frame for implementation does not adequately accommodate the major consumer education and retail systems modifications required to ensure effective implementation of the policy."
It's not the first time groups (and even some lawmakers) have pursued legislators to fix the new law. But it's highly doubtful the provision will incite panic in the streets.
Nevertheless, these groups are asking Congress members not to ignore the fact that OTC medications have been shown to reduce costs to both consumers and the overall health care system. WageWorks, for example, has highlighted statistics from a 2004 study by Northwestern University, which showed that the treatment of upper respiratory infections with OTCs could save the system nearly $5 billion annually, compared to infections that were not treated. And heartburn research by Nielson showed that OTC medications saved the health care system more than $750 million annually.
"Over-the-counter therapies are a cost-effective and efficient way for Americans to stay healthy," said Joe Jackson, CEO of WageWorks and Chairman of Save Flexible Spending Plans. "It's simply ridiculous that Congress would force consumers to spend additional time and money to obtain a prescription for a drug that was approved for purchase without one. The best solution to this faulty clause is immediate repeal."
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