Pharmacy Law Pro

Christopher Pencak graduated Wayne State University College of Pharmacy in 1976 and practiced in a variety of settings. Mr. Pencak graduated Michigan State University/Detroit College of Law Cum Laude and Law Review in 1982. He has specialized in pharmacy law since then. Christopher Pencak R.Ph, JD loves being on the cutting edge of the evolution of pharmacy. His website can be found at http://www.pharmacylawpro.com/

Tuesday, July 14, 2009

Health Care

When I graduated from WSU College of Pharmacy, I was skeptical of the HMO concept and, in particular, the promise that a health insurance company would actually try to maintain health under a capitation system. I figured the insurance company would try to provide as little service as possible to the patients and increase profit to the maximum. In the transpiring years, I have seen nothing to dissuade me from that viewpoint.

When I graduated, national health care was pejoratively called "socialized medicine" and was portrayed as "un-American", or at the very least, "French".

It did not take me too many years as a lawyer and pharmacist to see that the United States of America should have established national health care under a single-payer model 40-years ago, based upon the Medicare system or VA.

We are long overdue to have national health care and I am afraid that it may be too late, even now. The Senate, in particular, is owned by insurance companies and drug makers. We will hear a lot of canards and scare talk about single-payer and the problems it will cause, but it is clearly a smoke screen to preserve the tremendous profits made by insurance companies.

The biggest canard is the claim that in a single-payer system, government bureaucrats will make health care decisions for individuals. This contrasts with our current system in which an insurance employee makes health care decision for individuals- with profit maximizing in mind.

As a pharmacist, who would not agree that having one claim form and only one payer to deal with is infinitely preferable to applying for, being audited by and verifying coverage with 70 or more private insurance companies.

There is no free market anywhere on the planet and there never was. The reality of the matter is an individual citizen has no bargaining power versus an insurance company. Currently, we use private health insurance companies as middlemen, creating huge profit centers. Would it not be much less costly to use a government agency, such as Medicare, administering the system with employees who are paid a fixed salary?

I think this is an excellent time to start downsizing our military and intelligence expenditures and start spending it on health care for all of us. We have passed the point of diminishing returns on national defense. Currently, 21% of the national budget goes to the military-industrial complex. Yet, we are no safer and our perception of power is a drug that encourages Presidents to inject our forces into regions and problems that are insolvable by force and extremely expensive.

The Medicare system and VA system can be improved and they are capable of providing excellent administration for a single-payer national health care system. Will it happen? I honestly don't think it will, even though it makes total sense and is really needed. I think a watered-down and consequently doomed bill will pass. And then, the opponents to national health care will say they were right when the doomed plan fails.

I sure hope I am wrong about this prediction.

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Monday, July 13, 2009

New Posting Soon

A quick note- I will post a new article shortly.

It will address some of my thoughts on the current health care debate.

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Monday, June 29, 2009

Newsletter Sign Up

We are preparing the newsletter and preparing the delivery system for emailing it.

Just a reminder to send you name, address and email to cpencak@pharmacylawpro.com to receive a copy of the newsletter.

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Wednesday, June 24, 2009

Newsletter Ideas

I am preparing a new newsletter to be ready in July.

Are there any topics that readers would like to see covered? Any new developments in pharmacy which you would like to see addressed?

If you have any ideas, please send me an email with it at cpencak@pharmacylawpro.com

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Thursday, June 18, 2009

Planning for the Future

I will probably speak more about this topic in my upcoming newsletter, but I want to remind everyone of the importance of planning for the future. We all work so hard to provide for our families. Yet, we don't spend the time to plan for the "What if?".

I urge everyone, especially pharmacists who might be "too busy for death", to spend some time and ensure your families future.

Monday, June 15, 2009

Newsletter

The office has been so busy lately and fly fishing season has arrived.

Nevertheless, I am working to put out a new newsletter for this summer. It will probably be distributed solely online through email and posted on my website.

Email me at cpencak@pharmacylawpro.com to ensure that you are included!

Updates to my Website are Coming

I am working on the language and design to update my website.

We hope the updates will improve the experience and use of the website to better serve you.

Wednesday, June 25, 2008

Foxes Guarding the Chicken Coop

My colleague Jesse Vivian wrote an interesting article, FDA Inspection of Foreign Drug Companies.

The article recounts the appalling failures of the FDA to protect the purity of foods and drugs we consume. I do differ with my friend, Dr. Vivian, when he states in his commentary:

What's going on here? Political pundits might take the low road to explain the situation. Dr. Woodcock works for Dr. von Eschenbach, who is a personal friend of President George W. Bush. President Bush reportedly does not like the idea of burdening members of the Pharmaceutical Research and Manufacturers of America (PhRMA) with additional costs and, of course, PhRMA opposes the legislation. That may be the skeptic's viewpoint. But there are two sides to every story. – Jesse Vivian

My Response to Vivian’s Commentary

The sole purpose of the FDA is to protect the public from unsafe food and drugs. That is why the agency was created. Remember Upton Sinclair’s book, The Jungle? The book told of the unsanitary conditions in the meat packing industry at the turn of the century. The public outcry led to the passage of acts to protect American consumers from reckless industry practices that poisoned our food and drugs. Who would think that today, toys for our children come from China with lead paint and heparin is purposely contaminated for profit? I am supposed to find this acceptable because big business profits?

Where, when and how did the FDA fail its mission? It can be traced to the Ronald Reagan administration and a now discredited philosophy that government is “the problem, not the solution” and big business not only can be trusted to police itself but can do everything better than the “public sector”.

We have lived long enough to see this naïve notion completely discredited by companies routinely poisoning consumers, cheating government and individuals by conspiring to overcharge for prescription drugs, exploiting home buyers with outrageous mortgages, usurious interest rates on credit cards and charging outrageous prices for gasoline.

The true “low road” is to fail to put the blame on those responsible. I hear cynics say both political parties are “the same”. I say that the Republican Party invented and implemented the concept of putting former industry lobbyists in charge of the very government agencies that are supposed to regulate the industries for your protection.

In short, President Bush handpicked foxes to guard all of our chicken coops. Now that most of the chickens are mysteriously missing, save for feathers on the ground, we are asked to believe the fat foxes had nothing to do with the missing chickens.

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