| BHOF in the News, Press Releases

Dear Members of Congress:

We want to express our concern regarding any proposal that would repeal the non-interference (NI) clause – a crucial fixture and protection in the Medicare Part D program. We are concerned that changes to the Part D NI clause could undermine the private negotiations that enable seniors to access affordable prescription drug coverage. We, the below organizations, are opposed to changes that could alter this important provision and the overall Part D program as well as any future proposals that could restrict access to vital medications for patients.

Medicare Part D has been a successful program since its implementation and relies on a competitive market structure. An important part of that structure is the NI clause, which states that the government may not interfere with the private negotiations between drug manufacturers and insurance companies. Instead, manufacturers, pharmacy benefit managers (PBMs) and insurance companies negotiate directly in order to reach the lowest possible prices for prescription medications.

In the past, proposals to repeal NI incorrectly suggested that beneficiaries could benefit if the government was able to play a role in Part D negotiations. Lawmakers think that government participation in the negotiation process would save both the program and beneficiaries money. However, the Congressional Budget Office has found that government negotiation in the Part D process would have a negligible impact on federal spending unless it is also paired with limitations on access to certain medications.

Restricting access to prescription drugs in the name of cost saving runs counter to the purpose of Medicare Part D. Part D is meant to enable seniors to access the medications they need, at prices they can afford, to stay healthy and productive. Additionally, the competitive market allows beneficiaries to shop around for plans and select the best coverage plan based on the prescription medications that are covered. If the government was to enter the negotiations, they could open Part D to a single, national formulary, drastically limiting the types of medications available to the patients who need them most.

We are very concerned that these changes would have harmful effects on patients and lead to larger access and adherence issues. Broad coverage of medications and taking medicines as prescribed improves adherence and helps to avoid costly hospitalizations, which ultimately helps beneficiaries stay healthy and decreases overall Medicare spending. Conversely, government interference in this process could constrict that access and undermine the process that makes Medicare Part D so effective and affordable for all Americans. Decisions about choice of medication should be made solely by healthcare providers and their patients.

Our nation’s seniors and people with disabilities rely on Part D to receive the highest standards of care through affordable access to a wide variety of prescription drug options. Allowing the government to interfere with private negotiations could limit that access, decrease adherence and have a dramatically negative effect on the future sustainability of the program. It is critical that we oppose any changes or weakening of the NI clause in order to preserve Part D’s competitive market structure, focus on value-based reforms, and most importantly, ensure we are protecting the health and wellbeing of the seniors who rely on this vital program.


National Organizations

Action CF

ADAP Advocacy Association

Alliance for Patient Access

Allies for Independence

American Autoimmune Related Diseases Association

American Behcet’s Disease Association (ABDA)

American Society of Plastic Surgeons


Caregiver Action Network

Caregiver Voices United

Colorectal Cancer Alliance

Community Access National Network (CANN)

Council for Affordable Health Coverage

Healthcare Leadership Council


IFAA – International Foundation for Autoimmune & Autoinflammatory Arthritis

International Cancer Advocacy Network

Long Term Care Community Coalition

Lupus and Allied Diseases Association

National Grange

National LGBT Cancer Project

National Hispanic Council on Aging

National Minority Quality Forum

National Osteoporosis Foundation


Robert F. Kennedy Human Rights

Schizophrenia and Related Disorders Alliance of America (SARDAA)

Suicide Awareness Voices of Education

The AIDS Institute

The American Liver Foundation

The Latino Coalition

The National Puerto Rican Chamber of Commerce

U.S. Rural Health Network

US Chamber of Commerce

US Pain Foundation

ZERO – The End of Prostate Cancer


State Organizations

1in9 The Long Island Cancer Action Coalition

A 2nd Act AZ

Advocates for Responsible Care (ARxC)

AIDS Delaware, Inc.

Alabama Council for Behavioral Healthcare

Alliance Community Services

Alpha Home, Inc.

ALS Association Greater Philadelphia Chapter

Alzheimer’s & Dementia Resource Center

Alzheimer’s and Dementia Alliance of Wisconsin

Ames Chamber of Commerce

Arizona Cancer Support Community

Arizona Myeloma Network

Asthma and Allergy Foundation of America, New England Chapter

Aunt Rita’s Foundation – AZ


Bio Nebraska Life Sciences Association


BioForward Wisconsin


Bioscience Association of North Dakota


Black, Gifted & Whole Foundation

Brain Injury Alliance Arizona

Brain Injury Association of DE

CalAsian Chamber of Commerce

California Association of Area Agencies on Aging

California Chronic Care Coalition

California Health Collaborative

California Hepatitis C Task Force

California Life Sciences Association – CLSA

Cancer Support Community Central Ohio

Carrie’s TOUCH

Central Florida Behavioral Health Network

Centro de Mi Salud, LLC

Charleston Parkinson’s Support Group

Chicago Hispanic Health Coalition

Coalition of Texans with Disabilities

Colorado Bioscience Association

Colorado Business Roundtable

Colorado Gerontological Society

Community Health Action Network

Community Health Charities of Nebraska

Community Liver Alliance

Connecticut Bioscience Growth Council

CSRA Area Agency on Aging, Augusta GA

Danio Connect

Danio Diary

Delaware Academy of Medicine / Delaware Public Health Association

Delaware BioScience Association

Delaware Ecumenical Council on Children and Families

Delaware HIV Consortium

Dia de la Mujer Latina

Easter Seals North Georgia, Inc.

Easterseals Central Texas

Easterseals Colorado

Easterseals Iowa

Easterseals Massachusetts

Easterseals Nebraska

Easterseals UCP North Carolina & Virginia

Epilepsy Alliance Louisiana

Epilepsy Alliance Ohio

Epilepsy Foundation New England

Epilepsy Foundation of Western Wisconsin

FAIR Foundation

Fairhill Partners

First Step House

Florida Society of Rheumatology

Florida State Hispanic Chamber of Commerce

Free ME from Lung Cancer

H.E.A.L.S. of the South

Hannah’s Hope Fund

Health Equity Alliance

HealthCare Institute of New Jersey (HINJ)

Hope Street DE

Idaho Chapter – National Hemophilia Foundation

Idaho NPAF

Illinois Biotechnology Innovation Organization

Indiana Health Industry Forum

International Institute for Human Empowerment

Iowa Biotechnology Association

Iowa State Grange

Kentucky Access to Care Coalition

Kentucky Chamber of Commerce

Kentucky Life Sciences Council

Latino Commission on AIDS

Life Sciences Pennsylvania

Living Hope for Mental Health

Los Angeles Area Chamber of Commerce

Lupus Colorado

Lupus New England

Lupus Foundation of Arkansas, Inc.

Lupus of Nevada

Massachusetts Association for Mental Health


Medical Alley Association

Medical Oncology Association of Southern California, Inc.

Mental Health America of California

Mental Health America of Franklin County

Mental Health America of Montana

Metropolitan Milwaukee Association of Commerce


Michigan Lupus Foundation

Michigan Osteopathic Association

Missouri Biotechnology Association (MOBIO)

Montana BioScience Alliance

NAACP New York State Conference

NAMI Alabama

NAMI Cayuga County

NAMI Dona Ana County


NAMI Huntington

NAMI Indiana


NAMI Kansas

NAMI Maryland

NAMI North Carolina

NAMI North Dakota


NAMI Sioux Falls

NAMI South Dakota

NAMI St. Louis

NAMI St. Tammany


NAMI Wyoming

National Association of Hispanic Nurses Houston

NC State Grange

Nevada BIO

New England Biotechnology Association

New Jersey Association of Mental Health and Addiction Agencies, Inc.

New Mexico Biotechnology & Biomedical Association

NJ Mayors Committee on Life Sciences

North Carolina Biosciences Organization

North Dakota Autism Connection

North Dakota Rural Health Association

Northeast Kidney Foundation

Northern Utah Coalition, Inc.

Northwest Parkinson’s Foundation

Ohio Association of Free Clinics

Ohio State Grange

Oregon Bioscience

Oregon Project Access NOW

Oregon State Grange

Playing For Life Foundation

Prevent Blindness, Ohio Affiliate

Rio Grande Valley Partnership

Rocky Mountain Stroke Center

Rogue Valley Urology

Rush to Live

Senior Voices NW

Sickle Cell Disease Foundation

Sickle Cell Foundation, Inc.

Sisters Working It Out

South Dakota Biotech

Southern Arizona AIDS Foundation

Survivors Cancer Action Network Alabama

Tennessee Association of Adult Day Services

Texas Association of Business

Texas Association of Manufacturers

Texas Healthcare and Bioscience Institute

Texas Renal Coalition

The ALS Association Greater Sacramento Chapter

The Kim Foundation

The Psychosocial Rehabilitation Association of New Mexico

The Wall Las Memorias Project

Utah Advocates

Utah Coalition of La Raza

Utah Support Advocates for Recovery Awareness

Valle Del Sol

Valley AIDS Council

Virginia Bio

Virginia Chamber of Commerce

Virginia Hispanic Chamber


Visiting Nurse Association of Pottawatamie County

Visiting Nurse Association of the Midlands

Wilderman Physical Therapy, LLC

Wisconsin Association of Osteopathic Physicians & Surgeons

Wisconsin Manufacturers & Commerce

Wisconsin Nurses Association

Wisconsin Rheumatology Association

Wyoming Epilepsy Association

Yuma Chamber of Commerce