CVS Hit with Class Action Lawsuits from HIV Patients

www.courthousenews.com/cvs-hit-with-class-action-lawsuits-from-hiv-patients/

(CN) – A group of HIV-positive plaintiffs filed a class action lawsuit against pharmacy giant CVS and its subsidiaries in federal court Friday, claiming that the company’s pharmacy insurance plan violated their privacy by forcing them to purchase HIV/AIDS medication at CVS retail stores or have them mailed to their homes.

The lawsuit, filed by four John Doe plaintiffs in the Northern District of California, claims that CVS Caremark stopped covering their prescription costs at out-of network pharmacies, along with other restrictions. As a result, the plaintiffs have had to compromise their privacy, according to the lawsuit. A similar lawsuit was filed in the Central District of California the same day.

According to one of the plaintiffs, he was forced to accept the program because he was running low on his month’s supply of medications, which would have cost him more than $2,000 out-of-pocket if he purchased it at his local pharmacy.

“I received no written notice to prepare for this impending policy change,” John Doe One said in the lawsuit. “I had to scramble into action since I only had a seven-day supply remaining.”

He purchased a three-month supply to be delivered to his home, only to discover that the delivery came during the day while he was at work, “baking in the afternoon sun.” Storage at high temperatures can degrade the medications, the lawsuit states. Additionally, the medications were left out for his neighbors to see, risking both his privacy and possible theft.

After that, John Doe One decided to pick up his medications at a CVS store instead. Whereas his local pharmacy had accurate records of the medications he takes, the lawsuit said the CVS pharmacist had no such information. Additionally, the medications are filled at a remote location and not at the pharmacy. Plaintiffs are asked to go to the CVS pharmacy to pick up the shipment.

“CVS Caremark does not have a full and accurate record of all of the medications JOHN DOE ONE is taking and cannot anticipate or warn against potential adverse drug interactions, which are common with HIV/AIDS Medications,” the lawsuit states.

According to the lawsuit, the company incentivizes employers to enroll their employees in the program, and names Amtrak as a defendant. Additionally, the lawsuit states that the plaintiffs have concern over their privacy when picking up medications at the stores.

“At my retail specialty pharmacy, they have a little alcove for privacy,” John Doe Two said in the lawsuit. “I can take my medications out and match it with a list I have of all my drugs. I can meet with my pharmacist and explain any changes I have felt and ask any questions I have. At CVS, I am within hearing distance of everyone waiting in line, including many people who do not have HIV/AIDS. I can hear other patients’ questions and the pharmacists’ answer. I am concerned with other people finding out about my HIV positive status.”

The plaintiffs say they’ve been forced to stick with the program because they can’t afford the out-of-pocket expenses for the medications. When asked if they could opt-out of the CVS Caremark program, they were either denied or ignored, according to the lawsuit.

One of the plaintiffs called CVS Caremark “more than 20 times” to try to opt-out, but was denied.

The lawsuit said that by forcing HIV/AIDS patients to purchase their medications through CVS pharmacies, the company “effectively reduces the quality of prescription drug care provided to Class Members, and thus a reduction or elimination of benefits, by forcing enrollees to only obtain such medications through their sister co-conspirator and wholly-owned subsidiary.”

According to the lawsuit, CVS Caremark’s business practices specifically target HIV/AIDS patients.

“The Program denies HIV/AIDS patients full and equal access to utilize the in-network pharmacies and method of delivery of their choice specifically because of the medications attributable to their illness, while at the same time permitting other enrollees to enjoy full access to the pharmacies of their choice,” the lawsuit states.

The plaintiffs are represented by Alan Mansfield of Whatley Kallas LLP. Calls made to Mansfield and CVS Caremark were not immediately returned.

Recreational Drug Users needed in Toronto !

Recreational Drug Users needed in Toronto !

 

 

 

 

 

 

 

 

 

 

http://www.studies4u.com/

 

Image result for graphic what could go wrong

How many tomb stones does it take ?

We are in the THIRD DAY of wall-to-wall 24/7 coverage of the school shooting in Florida that happened 02/14/2018 where 17 died.  I don’t want to seem insensitive, but nearly 7,000 people die every day in our country

Every day – on average

…  some 135 commit suicide – including 20 vets

… some 120 die in vehicle accidents – including 12  because of drowsy drivers and 9 from distracted drivers

…  22 KIDS died from the flu in the last week

…  some 325 died from medical errors

…  some 350 died from their use/abuse of alcohol

…. some 1200 died from their use/abuse of Nicotine.

It is obvious that it is unfortunate that a mentally unstable person did this shooting, but our society is not perfect… never has been perfect … and never will be perfect.

And now the FBI is admitting that they were warned about the shooter SIX WEEKS AGO and DID NOTHING ABOUT IT.

Does all of this wall to wall coverage just giving others some ideas to be a copy-cat mass shooter ?

The “SHOT ACROSS THE BOW” ?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This BS about the “BNE staff assured that the goal of the letter was no intimidation, but education for these physicians regarding the CDC’s chronic pain guidelines”

Right off the bat, you get the impression that they are treating the “guidelines” as “law”…

I have seen this sort of thing in pharmacy.. normally around wanting to document fill errors… not for punitive action but to analyze how misfills happen and what can be done to prevent them in the future.

What normally happens is that it is discovered that there are parts of “the system” that is causing the errors, and to solve these errors changes has to be made to the system. It takes money that the employer doesn’t have or wants to put the money out to fix things… and all of a sudden this “collecting data” exercise turns into punitive actions against those who make errors.  They come to the conclusion that their system cannot be the cause of these misfills, it has to be a problem with the staff.

Who believes that the BNE is going to change their opinion of what/how the CDC guidelines are to be followed/observed ?  Just watch at some point in the future that those physicians that initially got these “educational letters” and they don’t bring all their pts in line with the CDC guidelines.. the next letter will either be a threat to have all pts conform to the CDC guidelines or else or they will just skip that step and go right to sanctions ? Because the first letter should have “educated them enough” for them to start reducing their pt’s doses to CDC guideline levels.

proposals out their waiting for comments from the general public

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The other opioid epidemic: Chronic pain patients in need of care

Drug Database Oregon

http://www.philly.com/philly/health/the-other-opioid-epidemic-chronic-pain-patients-in-need-of-care-20180212.html

We have two epidemics related to misuse of opioids in America.  First: people with addiction and premature death from abuse of opioids.  Second: also devastating but getting far less attention, people suffering for years from chronic unrelenting pain losing access to needed medicine. They are in more pain and experiencing terrible deterioration of their quality of life – unnecessarily.

 Listen to a real patient I recently saw.  At 55, he has suffered from severe, but well-controlled, pain for 10 years. He told me he was relatively OK, until his doctor told him “that there were new regulations, that my pain medications had to be cut down.”  He was taking them as prescribed, without abuse or side effects.  They enabled him to live his life and enjoy his family, though he couldn’t work.

With his medicine decreased, his pain increased. He was mostly homebound and needed a cane.  Then it got worse.  He told me, “I was shocked, and scared when my doctor said I had to find a new doctor; he wouldn’t prescribe pain medicines anymore.”

 

I hear this type of story multiple times every day in my practice.  Fearful, teary-eyed patients, wondering what I, their new doctor, will be like.  Harsh, judgmental, rushed, uncaring? Or perhaps, understanding?

Here’s what I usually tell my patients (after a comprehensive history and exam, toxicology studies, reviewing questionnaires and databases which alert me to misuse): “There was no good medical reason to taper your medications. They were helpful and weren’t abused. There aren’t new regulations, rather, recommendations about not using higher levels of opioid medications unless there is a compelling reason. Chronic severe pain, and deterioration of quality of life, are significant compelling reasons, if the medicines help decrease your pain, and if no other treatments can accomplish this.”

Patients frequently breathe a sigh of relief after this.  As I begin to treat them carefully and act as their ally, most note decreasing pain and quality-of-life improvement.  There are few greater physician rewards.

 

Opioids are prescribed in different clinical situations.  In acute scenarios — tooth abscess, a bone fracture — a prescription should be limited. Overprescribing has frequently occurred in such cases. Patients with malignancies can develop severe pain, but for them, opioids are often underprescribed.

Then there are chronic-pain patients. Many have exhausted such options as physical therapy or had surgery without benefit.  Physicians are backing away from opioid medications in all these situations. Why?  Two reasons. First, with the harsh public spotlight, they are uncomfortable that they’ll come under professional and legal scrutiny.

The second reason is it’s complex and time-consuming to care for chronic pain patients.  Opioids must be prescribed with proper knowledge and attention, or they can cause severe side effects, including death.  When prescribed carefully to appropriate patients, they are commonly very helpful. If the goal is to adequately reduce pain and suffering, there are often no replacements.

The negative side of prescribing opioids, devastating and important, has been widely publicized.  A survey last year showed that two-thirds of primary-care physicians had cut back on prescribing, though one-third believed that this was causing harm.  Finding a new physician is becoming very difficult for chronic-pain patients.  Many pain physicians don’t participate in insurance plans.  Many pain patients are disabled and poor.

Opioids are double-edged swords, with potential for great harm and great benefit.  But will denying opioids to chronic-pain patients who have no other options solve the addiction epidemic?  Unlikely. The solution doesn’t lie here, and is only causing more suffering. These patients don’t typically become addicts or overdose on opioids.  The overwhelming majority of patients with chronic pain who are prescribed opioids by a trained, careful physician, do not abuse or sell their medications.

Do some physicians debate the efficacy of these medicines? Of course.  This is usually when opioids are prescribed inappropriately to the wrong type of patient.  For the observant physician treating pain, and for countless chronic-pain patients, there is absolutely no question that they can be beneficial.

There is great suffering brought about by the first epidemic of addiction and overdose.  We are compounding this by inappropriate undertreatment of bona fide chronic pain patients.  Physicians, and patients suffering from chronic pain, are caught in the crossfire.  Still, physicians owe it to their patients – and to fulfilling medical vows – to help those who suffer.

Ira Cantor, M.D., is an internal medicine physician specializing in pain management at Steiner Medical & Therapeutic Center in Phoenixville.

They volunteer to keep us safe.. and we INTENTIONALLY INFLICT PAIN ON THEM ?

Navy vet: Northport VA didn’t provide post-surgery pain meds

http://longisland.news12.com/story/37509107/navy-vet-northport-va-didnt-provide-post-surgery-pain-meds

SPEONK –

A Navy veteran from Speonk says the Northport VA Hospital failed to give him any post-surgery pain medication after his knee replacement procedure. 

John Fink says the operation went off without a hitch, but that he had to deal with “horrific” pain in the aftermath. 

“After my surgery, I was supposed to get a morphine drip and unfortunately, according to what they told me, the authorization was lost in the computer,” said Fink. 

He says he was without any pain medication for 3 ½ hours. 

Fink says a Northport VA doctor told him the computer glitch was part of a pattern that has affected other patients. 

“They blame it on a computer. I blame it on the administrator of the hospital for not addressing this issue and putting in a secondary protocol to prevent this from happening,” said Fink. “Especially knowing it’s happened to other veterans and not just myself.”

A spokesman for the Northport VA told News 12 that privacy restrictions prevent them from publicly discussing individual patients’ care, but said they will look into the case. 

Fink says he’s speaking out because he hopes what happened to him won’t happen to another veteran in the future.

“We served our country to support the rights and liberties of every civilian…we deserve more than we’re getting,” says Fink

#Kolodny: opiate tax is a good way to increase treatment and put money in his pocket ?

Minnesota renews push for tax on prescription opioids

https://www.reuters.com/article/us-minnesota-opioid-tax/minnesota-renews-push-for-tax-on-prescription-opioids-idUSKCN1FY2VR

(Reuters) – Citing rising opioid fatalities, Minnesota Governor Mark Dayton on Wednesday announced a renewed legislative proposal to tax prescription opioid pills to help fund treatment.

 Minnesota is one of at least 13 states to have considered an opioid tax in recent years to help pay for the fallout from the United States’ opioid epidemic, although none have passed, according to the National Conference of State Legislatures.

Dayton’s proposal would levy a one-cent tax on drugmakers for each milligram of active ingredient in a prescription pain pill, generating an estimated $20 million a year for prevention, policing, emergency response and treatment.

Dayton last fall blamed “special corporate interests” for blocking a similar proposal in 2017.

“We must take decisive action in this legislative session to reduce abuses and to ensure that all Minnesotans suffering from these addictions receive the treatment and support they need,” Dayton, a Democrat, said in a statement.

The efforts come as a growing number of states and counties are suing opioid manufacturers to recoup costs of a worsening epidemic. In December, the U.S. Centers for Disease Control and Prevention reported that the U.S. rate of drug overdose deaths in 2016 grew 21 percent from the prior year.

 Minnesota had 395 opioid overdose deaths in 2016, an 18 percent increase over the previous year.

The Pharmaceutical Research and Manufacturers of America, a national trade association, said the proposal could divert money for developing new non-opioid painkillers and medication-assisted addiction treatments.

“It’s clear that this proposed tax ignores all the factors that led to this public health crisis, including the substantial influx of heroin, counterfeit fentanyl and other illegal drugs, and fails to recognize existing funding available for treatment, prevention and other important programs to help communities,” association spokesman Nick McGee said in a statement.

Dayton’s proposed measure, part of a larger effort to boost treatment, access to overdose medications and enforcement, will be debated in the legislative session starting Feb. 20.

 “I don’t see any reason why the taxpayers should have to pay to fix this. I believe (pharmaceutical companies) owe reparations,” State Senator Chris Eaton said Wednesday during a news conference, the Minneapolis Star Tribune reported.

Andrew Kolodny, an opioid policy researcher at Brandeis University, said the tax is a good way to increase treatment

“I don’t think we’re going to see overdose deaths start to come down until we do a better job of expanding access to effective outpatient treatment,” he said.

this is just one of so many bad reviews of optumRx

this is just one of so many bad reviews of optum.

Original review: Jan. 22, 2018
I have been taking ** for chronic pain for 10 years plus. In 2017 we were covered with OptumRx and Blue Cross thru my wife’s employment at Walgreens. I am totally disabled and also on Medicare. For the year 2017 never had a problem getting my prescription filled. It’s now January 2018 and the trouble begins! My Doctor sent my prescription for ** to the pharmacy to be filled on January 17th within 2 hours of my requesting it. I am required to request refills 3 days before my medication is gone. Within an hour my pharmacy called to say they couldn’t fill the prescription because OptumRx needed a Prior Authorization. My pharmacy also sent a request to my Doctor’s office on my behalf. The pharmacy also recommended I call my Doctor as well just to expedite the Prior Authorization. On Tuesday I had enough medication to last until Friday morning the 20th.

On Wednesday morning the 18th I stopped by the pharmacy to get my prescription because the pharmacy said they should have approval by then. Well, no approval from Optum. I called the pharmacy again that afternoon and still no approval. I then called Optum to ask why my meds hadn’t been approved. I was told that they could take up to 7 days to approve the Prior Authorization. I told the rude customer service rep that the medication was an ** and I couldn’t wait 7 days for it or I would end up in the Hospital Emergency Room with severe withdrawals. I was then told that if it was an ** I would have to contact my Doctor and have another P.A. sent marked urgent and could then get my meds within 72 hours instead of 7 days and if that wasn’t soon enough I could pay for it out of pocket and would be reimbursed within 30 days.

I told her the cash price for a month’s supply of my medication is 900.00 dollars and I don’t have that kind of money available to me. Why is Optum doing this since it has never happened before. I then told her again without my meds I would be in withdrawals on Friday. I was told that this was the new policy due to the ** Crisis. First I asked her what has that got to do with me? This is a legal prescription written by my Doctor and I’m not an ** Crisis’ but I’m going to be if I don’t get my medication in time. I explained that I’m not allowed to get my prescription far enough ahead to cover the number of days Optum is requiring. No Doctor is going to do that nor would insurance pay for a next month’s refill that many days ahead. By this time I’m dumbfounded, angry and about to have a stroke. The Rep tells me that if I get that new P.A marked urgent it would more than likely be done by Saturday the 21st.

So by this time on Wednesday my Doctors office is closed. I was at my Doctors at 8am on Thursday to get the new Urgent P.A. sent. The new P.A. was sent within the hour. I waited all day Friday to hear from the pharmacy that I could come get my Prescription. Finally my Pharmacist called to say they still did not have approval. I call Optum again and was told that the approval Dept would be open Saturday and it should be done by then. I waited till 3pm Saturday and still no approval. Called Optum and told that they closed at 3pm and I was lucky that the Rep had even answered the phone but there was nothing they could do!

It is now 2:30 am on Monday and I’m in extreme pain and having horrible withdrawal symptoms. Fever, vomiting, diarrhea and just waiting for my Doctor’s office to open. Can’t go to the Emergency Room because Blue Cross won’t authorize the visit because I could have paid for the Medication but choose not to. I am so angry and hurting and just plain disappointed that OptumRx thinks what they’re doing is OK. If at all possible I will beg and borrow enough money to hire a Lawyer to stop OptumRx from continuing their horrible and damaging behavior! Please, Please don’t ever sign-up for coverage by these Monsters!

OptiumRX is part of UNITED HEALTH… and UNITED HEALTH is ENDORSED BY AARP..  I wonder how many millions of dollars that AARP gets from United Health for that endorsement.

Here is AARP’S MISSION STATEMENT FROM THEIR WEBSITE https://www.aarp.org/about-aarp/

Our Mission

AARP is a nonprofit, nonpartisan, social welfare organization with a membership of nearly 38 million that helps people turn their goals and dreams into real possibilities, strengthens communities and fights for the issues that matter most to families — such as health care, employment and income security, and protection from financial abuse.

End the Epidemic – AMA

Treatment Toolkit – February 2018

Treatment

The nation’s opioid overdose and death epidemic will not end without increased access to comprehensive, multidisciplinary care for pain, as well as enhanced access to high quality, evidence-based treatment for substance use disorders. Please use the tools below to add your voice in calling for increased treatment.

www.end-opioid-epidemic.org/digital-toolkit/treatment/