Letter Text (PDF)

Boston (September 5, 2025) - Senator Edward J. Markey (D-Mass.), top Democrat on the Primary Health and Pensions Subcommittee of the Health, Education, Labor, and Pensions (HELP) Committee, today sent a letter to David Joyner, Chief Executive Officer at CVS Health Corporation, and Tim Wentworth, Chief Executive Officer at Walgreens Boots Alliance, Inc., querying the executives on the state of COVID-19 vaccine availability at their pharmacies. The letter comes as Americans are finding it increasingly difficult, and in some states impossible, to obtain updated vaccinations at the nation’s largest retail pharmacy chains due in part to lack of clarity and directives from the Department of Health and Human Services (HHS). In June, Secretary of HHS Robert F. Kennedy, Jr. removed all 17 members of the Centers for Disease Control and Prevention’s (CDC) Advisory Committee on Immunization Practices (ACIP) and intends to replace them with individuals sympathetic to anti-vaccine positions. The personnel changes have delayed critical guidance on booster eligibility. In addition, just last month, the FDA rescinded emergency use authorizations for COVID vaccines and made changes to the approvals for COVID vaccines to restrict eligibility to adults 65 and older or individuals with high-risk medical conditions.

In the letter, Senator Markey writes, “This crisis jeopardizes efforts to control COVID-19 transmission, risks increased hospitalizations and long-term illness, and undermines public confidence in our health care system. Congress has an obligation to determine who is responsible for this breakdown—whether the fault lies with federal regulators, state authorities, corporate policy, or somewhere else—and to ensure Americans regain timely, equitable access to vaccines.”

Senator Markey continues, “These actions have caused confusion and uncertainty, leaving pharmacies such as CVS and Walgreens without clear, consistent national guidance and having to navigate a patchwork of conflicting federal, state, and local rules.”

CVS reported that it would require prescriptions in at least 13 states and Washington, D.C., including Arizona, Florida, New York, Pennsylvania, and Virginia, and suspended vaccine availability at pharmacies entirely in states such as Massachusetts, Nevada, and New Mexico until further ACIP guidance is issued. However, it appears CVS is changing its policy in states such as Massachusetts where state leaders have taken regulatory action to preserve access to these vaccines. Similar action is anticipated in New York.

In the letter, Senator Markey requested responses to questions that include:

  • What internal analysis and communications informed your decision to require prescriptions or suspend vaccine offerings in certain states?
  • How are these restrictions impacting vulnerable populations—especially seniors, immunocompromised individuals, and those lacking easy access to physicians?
  • Are you observing disparities in vaccination access across states that correlate with recent policy changes by HHS, the FDA, or the CDC?
  • What short-term steps are your companies taking to preserve vaccine access—for example, telehealth prescriptions, partnerships with local health departments, or maintaining vaccine stockpiles pending regulatory clarity?
  • How will you respond to state-level regulatory actions intended to preserve vaccine access?
  • What role should Congress play—through legislation, oversight, or appropriations—to ensure equitable and consistent vaccine availability nationwide?
  • How are you collaborating with state and federal health authorities, medical associations, or other industry stakeholders to resolve inconsistencies in access policies?

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