Wednesday, May 26, 2010

Gone Fishing!

I will be out of the office until June 1. I am taking a long holiday weekend to enjoy some fly fishing at Sault Ste Marie.

As always, I can be reached in an emergency and Gina is at the office. Contact her if you have any questions.

Enjoy your holiday weekend.

CVS Caremark Editorial

Joseph Harmison, President of the National Community Pharmacists Association (NCPA), has an op-ed on The Hill website. In his piece, he praises the efforts of the Federal Trade Commission (FTC) and the many states investigating the unfair business practices of CVS Caremark.

In his piece, he names a group of bipartisan Senators and Representatives who have written letters on their constituents, both patients and pharmacists, behalf to the FTC. The Senators and Representatives include:
U.S. Senators Sherrod Brown (D-Ohio), Byron Dorgan (D-N.D.), Russ Feingold (D-Wis.), Amy Klobuchar (D-Minn.), Frank Lautenberg (D-N.J.), Mark Pryor (D-Ark.) and Roger Wicker (R-Miss.), and U.S. Representatives Michael Acuri (D-N.Y.), Robert Aderholt (R-Ala.), Marion Berry (D-Ark.), Jo Bonner (R-Ala.), John Boozman (R-Ark.), Judy Chu (D-Calif.), Lloyd Doggett (D-Texas), Jim Gerlach (R-Pa.), Walter Jones (R-N.C.), Larry Kissell (D-N.C.), Robert Latta (R-Ohio), Michael Rogers (R-Ala.), Linda Sanchez (D-Calif.), Jan Schakowsky (D-Ill.) and Anthony Weiner (D-N.Y.)
Note that this list of Senators and Representatives who have written to the FTC in support of their investigation does not include anyone from the State of Michigan. Contact your Senators and Representatives and remind them of how important it is to ensure fair business practices for everyone, not just the big corporations.

Tell them that you will watch how they act on this and take it into account when you are asked for campaign contributions or your vote.

In their letters, the Congressmen and women argued for,
“the FTC to reopen the CVS Caremark merger investigation and determine if the acquisition poses a threat of reducing competition or whether CVS is engaging in any unfair or deceptive business practices.”
Listed in Mr. Harmison's piece are these familiar problems,
This month, community pharmacists renewed the case against CVS Caremark and presented additional evidence to the enforcement agency. On one occasion, NCPA detailed CVS Caremark tactics that secretly boost the costs to health plans and profitability of its mail order pharmacy. Also brought to the FTC’s attention is how aggressive auditing is used to recoup funds from community pharmacies on minor technicalities.

Thursday, May 20, 2010

Prescription Drug Use by Children

ABC News reports that prescription drug use by children has increased in the past year by 5 percent. Overall prescription drug use increased only 1.3 percent.

It is concerning that children are being treated with drugs normally used by adults, such as cholesterol fighters and Type 2 diabetes.

...they noted that more children are being treated with cholesterol fighters or powerful anti-psychotics normally used by adults.

DMC Story

Here is an article from NPR on the new DMC deal in Detroit.

A few weeks ago, officials with the Detroit Medical Center, the city's largest health system, made an announcement that was as startling as it was welcome: that they intended to sell the nonprofit to an investor-owned company. As part of the deal, Nashville-based Vanguard Health Systems promised to spend $850 million on much-needed capital improvements. If the deal goes through, hospital officials say it will be the largest single investment in Detroit ever.

Wednesday, May 19, 2010

CVS Caremark Lobbying Numbers

Businessweek has the numbers for CVS Caremark's lobbying.

$1.98 million in only the first quarter.

Its lobbying interests included changes to Medicare and Medicaid programs that were made as part of the health care overhaul. Those included the elimination of the "donut hole" coverage gap in the Medicare Part D drug benefit. CVS also discussed reimbursement rates for generic drugs, changes in coverage, and regulation on generic biologic drugs.

The company lobbied on antitrust legislation, along with disclosure requirements, employment, and training, and the Federal Employees Health Benefits Program.

Lansing Sues Retail Pharmacies

The City of Lansing is suing several retail pharmacies. It accuses the stores of violating a state law that covers the sale of generic drugs and overcharged city workers.

...city attorney Brig Smith alleged that Walgreens, CVS and Rite Aid violated a law that exists in three states, including Michigan, and restricts the amount of profits that retail pharmacies can collect from generic drugs.

Monday, May 10, 2010

CVS Investigation

CVS continues to run into problems. The company revealed that it is under investigation in 24 states because of its business practices. A primary focus of the investigation is whether CVS gave incentives for customers to transfer their prescriptions to CVS.

CVS Caremark Corp., the largest U.S. provider of prescription drugs, said its business practices are under investigation by 24 states.

The probe is similar to one that was started by the U.S. Federal Trade Commission last year, CVS said in a filing today. The District of Columbia and county of Los Angeles are also participating in the investigation, according to the filing. CVS said it’s cooperating with the investigations.

A multistate task force is reviewing the relationship and practices of CVS and Caremark following their 2007 merger, Connecticut Attorney General Richard Blumenthal said in March. The offices of the attorneys general of Illinois and Florida also confirmed in March that they were taking part in the investigation.

CVS also said it received a subpoena from the Office of Inspector General within the U.S. Department of Health and Human Services for information on incentives for customers to transfer their prescriptions to CVS’s pharmacies. Offers included gift cards, cash, non-prescription goods and coupons, according to the filing with the Securities and Exchange Commission.


Monday, March 22, 2010

Prescirption Drug Thefts are Increasing

The Associate Press reports that thefts of large lots of prescription drugs is increasing.

Pharmaceutical heists in the U.S. have quadrupled since 2006, a coalition of industry and law enforcement estimates. And experts say the reasons include spotty security and high drug prices that can make such thefts extremely lucrative.

Vitamin D Supplements for Infants

New research is indicating the need for Vitamin D supplements for infants.

Personally, I take Vitamin D supplements and strongly encourage others to do it.

Tuesday, March 16, 2010

Prescription Disposal

Cape Cod is another community reconsidering how prescription drugs are disposed. The community depends upon a single water source. Contamination of the water supply is carefully monitored.

We must reach a better solution for disposal of prescription drugs across the nation. Disturbing reports of their effects on amphibians and fish should be enough to convince stakeholders of the necessity of action.

Wisconsin Prescription Drug Law

Wisconsin lawmakers are attempting to rid a 1939 law requiring a minimum mark-up on wholesale prescription drug prices. If passed, this will allow large companies like Wal-Mart and Target to sell prescriptions at a steep discount.

Community pharmacists are fighting this law hard.

Thursday, March 11, 2010

The American Workers, State, and Business Relief Act of 2010

The Senate passed the American Workers, State and Business Relief Act of 2010. If signed into law, this bill will extend Medicare reimbursement rates at their current level and extend for 6 months a temporary increase in the federal medical assistance percentage.

This bill will probably have effects on DME accreditation as well. I will link to information on that shortly.

Monday, March 08, 2010

Newsletter Reminder

Reminder: Email me your address if you want to receive my newsletter but currently are not on the mailing list.

The newsletter is a great resource for health professionals.

Wednesday, March 03, 2010

Fish Oil Supplement Problems

ABC News reports that fish oil supplements have PCB contaminants.

According to California law, people should not be exposed to more than 90 nanograms of this carcinogen a day. But the results of the activists' tests showed three of the 10 -- Nature Made Cod Liver Oil, and Now Foods' Salmon Oil and Double Strength Cod Liver Oil -- contained much more than that.

Tuesday, March 02, 2010

Nice Article

Here is a nice article from the New York Times on the struggles that independent pharmacies have against chain pharmacies.

It highlights the extra mile that these pharmacists will go to ensure their patients' health and happiness.

Prescription Disposal Assistance During Earth Week

The National Community Pharmacists Association (NCPA) is working to promote proper prescription drug disposal this Earth Week.

This press release explains some of the details.

Proper prescription drug disposal is a benefit to the environment and community.

Wednesday, February 24, 2010

Lawyers USA Blog Post

One of my cases was cited and I was interviewed for a Lawyers USA article regarding the Nevada pharmacy liability case. I cannot link to the blog entry because it is a subscribers' only site.

It it nice to be recognized in the field as an expert with an important case history in health care law.

Tuesday, February 23, 2010

Newsletter

I am currently working on a new newsletter that we hope to have sent out in the beginning of March.

As always, if you have any comments regarding the newsletter of wish suggest topics, please contact me. My email address is cpencak@pharmacylawpro.com

California Pharmacy Labeling Law Rejection

The Los Angeles Times reports on a rejection of a pharmacy labeling rule in California. The pharmacy board was set to vote for new labeling rules for prescriptions until Governor Schwarzenegger appointed a CVS executive to the board the day before the vote but left three other spots vacant. The rule was defeated in a 5-4 vote.

Not only did CVS oppose the vote but so did one of Governor Schwarzenegger's largest campaign contributors- the California Retailers Association. The Association has contributed over $400,000 to his political committees.

What are your thoughts on this?

Thursday, February 18, 2010

Early Education Changes

As changes to education standards are considered, I have a couple suggestions.

First, children should be taught how to think from an early age. If children know how to think, they can learn anything easier. Theories of logic, deductive reasoning and inductive reasoning are applicable across all subjects.

Second, in addition to practical finances, students need to learn practical probability and statistics. This will make them smarter with their finances, better citizens and lead to smarter medical decisions. Casino patrons will have a better idea that their chance of winning is slim. Voters will better understand political polls and concepts such as loaded questions leading to desired answers. Even medical decisions, such as new drug choices, will be affected because patients will understand studies regarding the effectiveness of new drugs.