Keeping the Focus on Community Pharmacy Advocacy at the State Level

Miguel Rodriguez plays a leading role for American Pharmacies in both legal affairs and legislative advocacy. He has been a major contributor to pro-pharmacy bills passed in Texas, New Mexico, Arizona, and Michigan, and has testified before Congress, the Federal Trade Commission (FTC) and legislatures in several states.

With experience advocating for pharmacy benefit manager (PBM) reform, Rodriguez has seen success on both the federal and state levels. However, with the start of its advocacy efforts originating in Texas, American Pharmacies’ state-level success is significant in the organization’s fight to see nationwide reform and an overall change in the way community pharmacies are treated within the industry.

“As our organization has grown and we have membership across the country, we've been listening for anyone that has a need in the advocacy space and doing what we can to help,” said Rodriguez.

Drug Topics sat down with Miguel Rodriguez, Executive Vice President and general counsel for American Pharmacies. | image credit: American Pharmacies

In part 2 of his interview series with Drug Topics, Rodriguez moved from federal advocacy to state-level PBM reform, discussing his organization’s ongoing work across several states to introduce change to a struggling pharmacy industry. Pivoting from congressional bills on the federal level to his organization’s daily work within several states, Rodriguez delved into his experience working as general counsel for American Pharmacies.

“Every state’s different. They have a different political climate, in terms of who's in control of Congress: democrats or republicans; a different set of priorities in the state, different amount of money in the state available; a different process, just a different way of doing things; and then a different community of need in terms of what is the biggest pain point in a particular state,” he continued.

More specifically, Rodriguez discussed events that have been occurring within the advocacy space and how state-level reform has been much more possible compared with federal reform.

One specific event that has significantly impacted his organization’s work was the Rutledge decision, regarding states’ enforcement of ERISA laws. Before this Supreme Court case, states did not have the ability to enforce laws related to ERISA, otherwise known as the Employee Retirement Income Security Act.

However, with the Rutledge decision and other state laws giving the power back to community pharmacies across the country, it has flagged further concerns for Rodriguez and American Pharmacies.

With the Rutledge decision in Arkansas having nationwide implications, other states have reacted in various ways. For example, Rodriguez briefly discussed how the states of North Dakota and Oklahoma took very different approaches to the extent their states could regulate ERISA, Medicare Part D, and other insurance plans affecting their populations.

But when it comes to overarching issues and trends within the state-level advocacy space, Rodriguez says it’s the American Pharmacies members that are truly the “stars of the show.” While it’s his duty to offer support, it’s the pharmacy members themselves that “play the central role.”

And finally, Rodriguez did not shy away from the role independent pharmacists within the American Pharmacies membership play when it comes to encouraging change on the state level. He was also sure to mention the biggest advantage American Pharmacies and its members have over big corporations and their PBMs.

“Getting involved is so important. And the great thing about independent pharmacy is there is not a district in this country, state or federal, that doesn't have independent pharmacy owners in it. And so that's something that the PBMs can't do. They cannot bring a local constituent to a legislator because these are giant corporations that don't have presence in every community,” said Rodriguez.