Medicare Rights Opposes Punitive “Public Charge” Proposal for Harm to Families and People with Medicare The Department of Homeland Security recently released a proposed “public charge” rule that could greatly harm families and prevent people with Medicare from accessing the services and supports they need. The proposal would dramatically expand the government’s “public charge” test, which considers whether immigrants are likely to use public benefits when deciding whether or not to grant entry to the United States or permanent resident status. Currently, the scope of what the government considers to be a “public charge” is so narrow that it is
rarely used as grounds to reject an immigration application. Under the expanded definition, however, the government would consider a much wider array of services when making a public charge determination— including whether an individual or someone in their family is or is likely to need help affording prescription drugs under Medicare, food and housing assistance, or Medicaid services. The proposed changes would make it much more difficult for
immigrants— especially older adults and people with disabilities— to pursue citizenship, reunite with their families, and access the supports they need to thrive. Already, there are reports of immigrant families abandoning needed assistance out of fear that accessing these services could jeopardize their immigration status. If this rule were to become final, even more immigrants would likely forego vital care, food, and shelter, leading to poorer health
outcomes and exacerbating economic and social disparities. The Medicare Rights Center opposes this harmful proposal. Policies must be changed to make health care and other essential services more accessible, affordable, and available to those in need—not less so. No one should be forced to choose between their and their family’s health and wellbeing and the stability of their immigration status and family unification. We urge the Administration to immediately withdraw this unconscionable proposal.
Pharmacists May Soon Be Allowed to Proactively Provide People with Medicare Information about Cheaper Medications This week, Congress passed two bipartisan bills aimed at removing barriers that may prevent people from paying the lowest possible price for their prescription drugs. The legislation will prohibit contractual limitations that can stop pharmacists from volunteering information about how consumers may be able to save money on their needed medications. The Patient Right to Know Drug Prices Act (S.2554) bars insurers and Pharmacy Benefit Managers (PBMs) from restricting a pharmacy’s ability to tell consumers when there is a difference between how much they would pay for a drug using their insurance and how much they would pay without it. This bill applies to plans offered through the Affordable Care Act’s exchanges and by private
employers. The Know the Lowest Price Act (S. 2553) provides this same protection for individuals who are covered by Medicare Advantage and Medicare Part D plans. It is unclear how many Medicare Advantage or Part D plans include this practice currently. Where they exist, they allow pharmacists to respond to direct questions about drug price comparisons, but not to preempt such questions by proactively telling people with Medicare that they might benefit from not using their Medicare prescription drug coverage. This legislation, which the president is expected to sign soon, will prevent PBMs and insurers from requiring pharmacists to stay silent unless asked. We applaud these improvements, and thank
Senators Collins (RMaine), McCaskill (DMissouri) and Stabenow (D-Michigan) for their leadership on this bipartisan effort. Though consumers can already ask pharmacists about their cost options, many do not know they need to ask for this information, or that doing so could save them money. Medicare Rights does not support the intentional or inadvertent withholding of drug pricing information from consumers in general, especially when it could empower them to improve the affordability of their health care and prescription drugs in particular. To the contrary, we believe that pharmacists and prescribers should be encouraged to give information freely to people with Medicare that may help
them better manage costs. In addition, we urge practitioners to look into alternatives when drug prices or other health costs are unusually high, or when patients express or exhibit concerns about affordability. Earlier this year in our response to the Administration’s Drug Pricing Blueprint, we agreed that pharmacies should be allowed to proactively provide information about cheaper medications. We appreciate congressional action on this issue, and encourage policymakers to continue to pursue reforms that help people with Medicare better afford their prescriptions. Read more about this issue. Read our comments on the Administration’s Drug Pricing Blueprint. Read this bill.
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