Concerns With SB 2040/HB 1959

Dear Members of the Tennessee General Assembly,

On behalf of the American Association of Senior Citizens, an organization advocating for the interests of older Americans, we write to express serious concerns with SB 2040/HB 1959 and respectfully urge you to oppose the legislation.

Let us be clear: seniors share many of the frustrations policymakers have expressed about pharmacy benefit managers (PBMs). Greater transparency and competition in the prescription drug marketplace are important goals. However, SB 2040/HB 1959 would dramatically disrupt the way seniors receive prescription drugs in Tennessee.

The aftermath of this legislation would be nothing less than devastating for seniors. SB 2040/HB 1959’s passage would force hundreds of large pharmacy chains throughout the state to close – as well as shut down mail-order and specialty pharmacies that our elderly population depend on. The practical effect of this legislation will not be PBM reform, but the collapse of pharmacy networks that seniors depend on.

Nearly 650,000 Tennessee households have already been swallowed up by pharmacy deserts. Tennessee’s seniors cannot afford to lose more pharmacies. Many seniors no longer drive and rely on nearby pharmacies or mail-order prescriptions.

Recent amendments attempt to address concerns by carving out certain federal programs, including the Department of Veterans Affairs. Unfortunately, these changes do nothing to protect seniors. To the members sponsoring and supporting this bill, we ask, where is our carve out? From our point of view, these recent amendments are a clear admission that the supporters of this bill know it’s bad policy and will have a negative impact on Tennesseans. We ask that seniors not be forgotten.

Even more concerning, Medicare is completely absent from the legislation. Neither the original nor amended version mentions Medicare Part D, Medicare Advantage, or any Medicare program at all. That omission is striking given that Medicare is likely the single largest source of outpatient prescription drug coverage for seniors in Tennessee and operates largely through PBM-administered pharmacy networks. If those networks collapse in Tennessee, seniors could lose access to the pharmacies currently serving their Medicare plans. What is your plan to ensure that seniors can still access their prescriptions through these programs without facing massive cost increases or losing access to their pharmacies?

Seniors need stability, access, and choice in when and where they get their prescription drugs. SB 2040/ HB 1959 risks undermining all three. Tennessee lawmakers should focus on reforms that improve transparency and competition without jeopardizing seniors’ access to the pharmacies and medications they depend on.

For these reasons, we respectfully urge members of the Tennessee General Assembly to oppose SB 2040 / HB 1959.

Sincerely,

James Martin

Founder & Chairman

Saul Anuzis

President

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