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Filed under: General Problems | 8 Comments »
https://www.rawstory.com/cvs-supreme-court/
It’s a practice long complained of in Ohio.
CVS Health and other massive corporations often use their pharmacy middleman subsidiaries to force people to get the most expensive class of drugs from the businesses’ own mail-order pharmacies. Some call the practice “patient steering.”
CVS and companies such as UnitedHealth and ExpressScripts/Cigna say the arrangements save patients money. But some patients, oncologists and other health providers say it threatens lives.
Now the U.S. Supreme Court is poised to weigh in. In a little more than a month, it will hear arguments in a California case in which AIDS patients are claiming the practice discriminates against them.
Known as “pharmacy benefit managers” or PBMs, the middlemen work with insurance companies or government programs like Medicare and Medicaid to facilitate prescription-drug transactions. They negotiate rebates with drugmakers, decide what drugs are covered and they determine how much to reimburse pharmacies that dispense drugs as part of their health plans.
But the function that’s in dispute in the California case is how PBMs structure their pharmacy networks.
Each of the big three PBMs is affiliated with a major insurer and each is part of a corporation that is among the 13 largest in the United States. And the combined PBMs are estimated to control well over 70% of the pharmacy-middleman marketplace.
They’re also frequently in direct competition with the retail pharmacies whose reimbursements they control. CVS owns the nation’s largest retail chain and each of the big three owns a mail-order pharmacy for “specialty drugs” — the most expensive class of medicines, which can cost upward of $100,000 a year.
Increasingly, the big-three PBMs have been saying they won’t cover super-expensive specialty drugs if patients get them at their oncology centers or their AIDS clinics. It’s increasingly the case that the only way PBMs will cover them is if patients get them through the mail from a PBM-owned pharmacy.
Critics say the point is to pad profits, but the PBMs maintain that they do this to help their customers.
“To keep costs down, plan designs offered by pharmacy benefit managers often impose the most restrictions on ‘specialty’ drugs,” CVS said in its petition asking the Supreme Court to take up the case. “These medications have special shipping, administration, or storage requirements; treat rare conditions; or are very expensive.”
It added, “Pharmacy benefit managers often control the disproportionate costs and complexities of specialty drugs by contracting with specialty pharmacies that have expertise in the ‘unique handling, storage, and dispensing’ requirements of these medications. Increasingly, pharmacy benefit managers rely on specialty pharmacies that deliver by mail.”
However, many patients complain that especially when they have complex conditions that require equally complex drug regimens, mail-order service is vastly inferior to the services they get in-person from pharmacy professionals.
In 2018, Elvin Weir, a now-deceased cancer patient, described to The Columbus Dispatch how late or improperly filled mail-order cancer prescriptions had often delayed the rest of his treatment as his disease worsened. And officials at oncology centers said the arrangement disrupts the collaboration between their pharmacists and oncologists treating conditions that can be not only complex, but also change rapidly.
The plaintiffs in the original California case made much the same argument.
“For people living with HIV/AIDS, strict lifetime adherence to antiretroviral therapies (ART), consisting of complex combinations of pharmaceuticals consumed daily, is vitally important, and can be literally a life-or-death matter,” the AIDS Healthcare Foundation wrote in a friend-of-the-court brief.
“For people living with HIV/AIDS, so-called specialty pharmacies and pharmacists that focus on HIV/AIDS and in-person treatment provide demonstrably superior care than do mail-order pharmacies and retail pharmacies,” it added. “Coercing people living with HIV/AIDS into using only mail-order pharmacies is thus guaranteeing inferior care and worse health outcomes, and is disability discrimination by both intent and impact.”
A panel of the 9th U.S. Court of Appeals last December said that among its mistakes, the lower court in the CVS case didn’t acknowledge that face-to-face interactions with pharmacists were part of the benefits to which plan members are entitled.
The Ninth Circuit ruled that CVS’s mail-order policy might discriminate against the disabled because it “burdens HIV/AIDS patients differently because of their unique pharmaceutical needs. Specifically, they claim that changes in medication to treat the continual mutation of the virus requires pharmacists to review all of an HIV/AIDS patient’s medications for side effects and adverse drug interactions, a benefit they no longer receive under the program.”
In its appeal to the Supreme Court, CVS is disputing the plaintiffs’ legal argument that the mail-order policy violates the law because it has a “disparate impact.”
In other words, the AIDS-afflicted plaintiffs are saying that even if on its face the policy applies equally to everybody, it’s still illegal discrimination if it has a discriminatory effect against part of a protected group: the disabled. CVS, on the other hand, is arguing that so long as its policies aren’t intentionally discriminatory, they’re OK.
The law puts “federal-funding recipients on notice that intentional discrimination is illegal,” its petition says. “Schools cannot discipline students with attention-deficit disorder more harshly on that basis. Towns cannot target group homes for individuals with disabilities with uniquely onerous zoning requirements. Employers cannot refuse to hire someone solely because she is in a wheelchair. And health plans and anyone else subject to (federal health care laws) cannot facially exclude patients with disabilities simply because they have disabilities.”
“Courts do not need to rewrite (the law) and insert a nonexistent disparate-impact standard to accomplish Congress’ goals,” CVS argued.
The health care company noted that appellate courts have issued differing opinions in the matter. That, presumably, is the dispute the Supreme Court hopes to settle by taking up the case.
Oral arguments are slated for Dec. 7.
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Apparently FB has decided that me making a post on FB that has a reference back to my blog www.pharmaciststeve.com with information that is new or has a answer to something that someone else has posted on FB and the blog post that I reference had some information that applies to their question.
I tried to find out what they had determined what they considered violating their community standards and of course, the link “SEE OPTIONS” they used went NO WHERE…
Support Message
Last night I tried to post a comment which included a link to this post
and as I hit the enter key… the post showed up with a RED BOX around it and said that they would not let it be posted …. so I took the link out of the comment to my blog post and inserted the link to the TV station article https://www.wdrb.com/news/7-million-awarded-to-family-of-man-who-killed-himself-after-pain-medication-denied/article_92db6b14-09c0-11ec-b39b-7b711a46b1c7.html And my comment was allowed to post !!
Since I have been using the same posting processes for all TEN YEARS that my blog has existed… apparently FB has established some NEW POLICIES
So maybe me doing this may be interrupting FB revenue stream. I guess that Zukerberg need all the money he can get to fund the name change to META ?
I tried to take a screen shot of those notices and it came up as a BLANK SQUARE… but… my phone has a camera and the FB was being displayed on my laptop. I guess that FB figures that everyone uses their system on their only smart phone, pad or only have one computer available to them at one time.
At this point in time, I am not sure what I am going to do… I don’t get any money from advocating for the chronic pain community and the community seems to be even more and more divided and in fighting seems to have ramped up even more than ever in the last couple of months.
For now, I am going to continue my blog until the first of the year… and disappear from FB, Twitter & LinkedIN as of tomorrow !
I own the domain www.pharmaciststeve.com and NO ONE HAS CENSORSHIP over what I post on this website/blog… nor has the ability to take down my posts – EXCEPT ME !
Here is what I found via FB page as their definition of SPAM:
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Could this be the FIRST PBM that they have caught with their hand “in the cookie jar” and apparently the only way that this PBM – and maybe other PBM’s can show a profit that they want/expect is to OVERBILL ? But something tells me that there will be “more dominoes to fall ” I have noticed that in the last couple of years… the major PBM’s have been acquired or merged with mostly very large insurance companies… maybe so that they can “bury” – what some believe is obscene profits – in the parent corporation financial statements. Only time will tell on this… but… it would seem that numerous bureaucratic entities are taking ever closer looks at many of these PBM’s.
Centene, the nation’s largest Medicaid managed care company, is planning to stop its work as a PBM, according to reporting in the Ohio Capital Journal. Executives last week said the company is issuing a $30 billion request for proposals in 2022 for an outside contractor to take over the work. Centene settled a suit with Ohio over over billing in Medicare earlier this year for $88 million but admitted no wrongdoing. Centene also agreed to multimillion dollar settlements with Mississippi, Arkansas, and Illinois over billing inaccuracies.
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A Georgia woman spent seven hours waiting for emergency room staff to check out her head injury, and left before receiving any treatment. But the real headache began when the hospital billed her almost $700 for the visit a few weeks later.
“I didn’t get my vitals taken, nobody called my name. I wasn’t seen at all,” Taylor Davis told a local Fox affiliate.
She said that she went to Emory Decatur Hospital ER in July for a head injury, and waited as long as she could stand it. “I sat there for seven hours. There’s no way I should be sitting in an emergency room … for seven hours,” she said. So she went home. And was charged $688.35 for the ordeal.
Davis said she called the hospital after receiving the surprise medical bill, because she was convinced it was a mistake. But she says that she was told, “it’s hospital protocol even if you’re just walking in and you’re not seen. When you type in your Social [Security number], that’s it. You’re going to get charged regardless,” she said.
Fox 5 in Atlanta saw a copy of her past due notice for $688.35, as well as an email that she received from an Emory Healthcare patient financial services employee that read, “You get charged before you are seen. Not for being seen.”
Representatives from Emory Healthcare were not immediately available for comment. But Emory Healthcare sent the following statement to Fox 5 in Atlanta: “Emory Healthcare takes all patient concerns seriously and appreciates this has been brought to our attention. Our teams are currently looking into this matter and will follow up directly with the individual.”
Related: This is the most important question to ask your doctor to avoid unnecessary medical care
Davis said this would probably prevent her from seeking medical attention in the future. “I’m very reluctant to go to the hospital now. That’s kind of like the last resort now. Seeing that they’re able to bill you for random things, it doesn’t make me want to go. So that’s not good,” she said.
The story, which published online over Halloween weekend, was soon the top post on Reddit’s homepage on Monday afternoon, drawing roughly 6,000 comments from people sharing their own surprise medical bill stories.
Indeed, Davis is not alone here. One in five Americans who undergo elective surgery get hit with unexpected out-of-network medical bills, according to a 2020 study of almost 350,000 people. And those suffering sticker shock ended up owing $2,011 more than they were expecting, on average. And nearly one in five families who delivered babies in 2019 may have gotten at least one surprise bill for the delivery and/or newborn hospitalization, with an average bill of $744, another study estimates.
Earlier in the pandemic, men and women getting hit with surprise bills after getting treated for COVID-19 also made headlines. One survivor who spent six weeks in a Seattle ICU ran up a $1.1 million medical tab, although he was quite fortunate in that his insurance paid most of the bill. (If you’re curious, here’s how his $1,122,501.04 bill breaks down.)
But research shows that people making less than $35,000 a year have the most difficulty paying medical, dental or prescription drug bills.
Help could be on the way. Former President Donald Trump signed a federal rule requiring hospitals to publicly list the cost of many of their services in accessible, consumer-friendly language, which went into effect on Jan. 1, 2021. This includes X-rays, outpatient visits, imaging and laboratory tests, or bundled services such as a colonoscopy.
Read more: As of Jan. 1, hospitals must publicly list their prices — here’s what they won’t reveal
And President Joe Biden’s consumer protections against surprise medical bills, which includes being protected from unexpected charges if an out-of-network clinician takes part in a surgery or procedure conducted at an in-network hospital, is on track to take effect on Jan. 1, 2022.
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Ron and I were at Butler U around the same time and we each had our own independent pharmacies in adjacent cities in southern Indiana. Indiana is typically a <R> dominated state. Currently our legislature has a <R> majority and our Governor is <R> and Ron is/was in his third term <R> Senator. Ron’s District was a rather small district – 46 I think – and it can be politically PURPLE.. and Ron had already announced – earlier this year – that he was not going to run for a 4th term in 2022… I guess that the <R> party does not have a “strong candidate” for the 46th district, so they elected to take it “out of action” I guess that this shows that within any particular political party… politicians really can’t count on their colleagues in their own party. – NOT TO STAB THEM IN THE BACK… Perhaps the particular party it is more about what the opinion of what is good for the party and not what is good for a particular colleague and/or the constituents that they represent in a particular district.
Ron Grooms was the only Republican senator to vote against the new GOP-drawn election district maps and decided to resign with a year left in his term.
JEFFERSONVILLE, Ky. — A southern Indiana legislator who was the only Republican senator to vote against the new GOP-drawn election district maps has decided to resign with a year left in his term.
Republican Sen. Ron Grooms of Jeffersonville had said in June that he wouldn’t seek reelection next year to the Senate seat he first won in 2010, but he announced Thursday he would step down from office effective Tuesday.
Grooms’ decision comes after final approval earlier this month of the Republican redistricting plan that eliminated his district that included Jeffersonville and New Albany by splitting the two cities between other GOP-controlled districts. Grooms joined all Senate Democrats in voting against the redistricting bill.
Grooms, a retired pharmacist, didn’t mention the district elimination in his resignation announcement, saying he looked forward to spending more time with his family and pursuing new opportunities.
A caucus of Republican precinct committee members from his current district will select a replacement for the 2022 legislative session.
Grooms’ resignation follows that of Democratic Sen. Karen Tallian of Ogden Dunes, who said she decided to leave her seat in frustration over iron-fisted Republican control of the Legislature. A Democratic caucus last week elected Rodney Pol Jr., an attorney from Chesterton, to fill the northwestern Indiana seat.
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Could it be that some of the data on prescribers that the DEA uses to come to the conclusion that a prescriber is providing controlled substance outside of valid medical necessity …. be THEIR ESTIMATED NET WORTH ? You see when our judicial system uses the Civil Asset Forfeiture Act… the assets can be confiscated without filing any charges and the ASSETS THEMSELVES is the guilty party… because the judicial system can just “believe” that the assets were obtained using illegal obtained monies… If a prescriber – before the DEA VULTURES start circling – creates irrevocable trust(s) to shelter all their assets because they have made themselves virtually PENNILESS… and all their assets in the irrevocable trust are managed by the Trustee of the trust and the trustee is bound by the directives outlined in the trust as to what money from the trust can be used to fund and if the trustee violates any of those directives – like turning over assets to our judicial system – would cause the trustee to be put in jail for violating the directives in the trust. Most trustees of such trusts tend to follow the instructions in the trust TO THE LETTER. Since a irrevocable trust is a LEGAL DOCUMENT… those in our judicial system, clearly understands the details around a irrevocable trust. Our judicial system does not always follow the “letter of the law” nor the “intent of the law” but their individual interpretation of the law.
https://daily-remedy.com/when-data-becomes-due-process/
It has been said that sin is not in the action, but in the reaction.
Similarly, the harm from data comes not from the data itself, but from its interpretation – how people react to what they see. As what they see can be quite subjective, changing from person to person.
The analysis of data is a notoriously quantitative field, defined by established rules of statistics. The interpretation of the analysis is different, far more subjective, varying based on the biases held by the person reviewing the data.
For federal agencies within the Department of Justice that investigate physician behavior, the interpretation of data analysis is used to initiate investigations and to secure convictions.
But in conflating objective data analysis with subjective interpretations, federal agencies introduce concerning levels of biases and variability in their investigative practices. As a result, the interpretations of laws governing physician behavior vary alongside the interpretations of data analysis – rendering the interpretation of data as due process.
The term is routinely cited but never fully understood. Due process is often discussed only in procedural terms in reference to legal investigations or deliberations in court. For example, if a law enforcement officer tampers with evidence or a prosecutor introduces materially false evidence, then we would expect the defendant to claim due process violations.
But procedural due process violations are only one aspect of due process. The other, more abstract aspect is called substantive due process. It focuses less on procedural violations and more on enumerated rights implicitly afforded through the Constitution. In 1905, the term was used by the Supreme Court in upholding the rights of bakers in New York City to work the hours they needed in order to prepare bread, finding work hour restrictions violated the rights of bakers to perform their job.
Substantive due process protects the right to work, to marry, and to raise children – essentially the basic functions we take for granted in our everyday lives. But in our increasingly complex world, many of these basic functions are becoming quite complex.
Something epitomized in healthcare, which has seen an influx of data turn basic patient care into complex models of technology-based care coordination. Data has now become synonymous with patient care – to the point that nearly all clinical decisions rely on some data point.
Something the Department of Justice has keenly noted, and now uses patient data to investigate the behavior of physicians to determine whether criminal behavior is transpiring. If a physician has higher than average reimbursements, then a physician is possibly committing insurance fraud. If a physician has higher than normal prescriptions of controlled substances, then a physician is possibly committing prescription fraud.
Effectively, the interpretation of the data determines probable cause. But correlating statistical probability with reasonable doubt leads to perilous interpretations that have been proven to be rife with bias – particularly in healthcare.
Numerous clinical studies and class action lawsuits have proven healthcare insurance companies use patient data to engage in discriminatory practices against disenfranchised patients, adversely affecting access to care. These are the entities that directly aggregate and maintain patient information – and even they cannot interpret data without bias.
For law enforcement to then take the same data and investigate crimes based on interpretations – already proven to be biased data – turns biases into evidence. Since most prosecutors are unable to discern between statistical noise and clinically relevant statistical trends, inevitably they will misinterpret patient data. This was most famously revealed when the Drug Enforcement Agency began correlating the number of opioid prescriptions with opioid related mortality.
Data analysis is complex by nature. We try to simplify it through interpretations. But to simplify something complex is a type of bias. And in the courts of law, we have assumed this bias to be evidence. When we examine criminal cases involving physicians, we usually see data included in the filings that allege to be the factual basis for the crime.
Yet we have never questioned the Constitutionality of using patient data this way. But in many criminal cases against physicians, the government essentially argues that data interpretations supersede a physician’s substantive due process rights. That over the course of a physician’s work, should any data aberrations arise, that physician can be subsequently investigated for potential crimes.
We would never allow the government to investigate a bakery based on production trends of bread. But we seem content to allow the government to investigate physicians based on trends in patient data.
Prosecutors justify this tactic by arguing that data is the principal means through which they can investigate physicians – a fair point, and by no means do we argue against using data for such investigations.
But we should not blindly assume we can use patient data in this manner. It was never intended to be evidence, and it has proven time and time again to be biased.
Instead we should closely examine the robustness of the data, case by case, determine if it meets objective legal standards required of evidence, and codify the legal definitions detailing how we use it in court.
As it stands currently, we are using data as due process without explicitly stating as much. In the silence, we have allowed prosecutors to introduce pernicious interpretations of data as evidence, which is a violation of a physician’s due process.
Until we directly address the constitutionality of this, pernicious legal interpretations will continue to deny physicians their right to a defense, and data will continue to pass for criminal intent.
And the courts will continue to enable government encroachment into healthcare.
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The FDA says two blood pressure medications from Lupin Pharmaceuticals are being recalled. Find out which medications are affected and why.
The US Food and Drug Administration announced a recall last week for two medications made by Lupin Pharmaceuticals that treat high blood pressure (also known as hypertension). The medications, tablets of Irbesartan and tablets of Irbesartan and Hydrochlorothiazide, are being pulled over concerns they may contain unsafe amounts of N-nitrosoirbesartan, a probable carcinogen.
According to the FDA, Lupin hasn’t received any reports of illness, but the company is recalling the medication out of an “abundance of caution.”
The affected medications include:
People who are currently taking the recalled medicine are “advised to continue taking their medication and contact their pharmacist, physician, or medical provider for advice regarding an alternative treatment,” the FDA said.
Lupin is reaching out to wholesalers, distributors and others that carry the medicine and arranging for the return of the recalled products, according to the recall statement.
Customers or distributors can call (855) 769-3988 or (855) 769-3989 from 9 to 5 ET with questions about the recall.
High blood pressure is extremely common in the US — almost half of all adults (47%) have high blood pressure determined by a 130 or higher systolic reading, an 80 or higher diastolic reading or taking medication, according to the US Centers for Disease Control and Prevention. Uncontrolled high blood pressure raises a person’s risk for heart disease and stroke, and hypertension is also a risk factor for more severe COVID-19.
The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.
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