The GoodRx-Kroger Blowup: Spread Pricing, Pharmacy Margins, and the Future of Discount Cards

The GoodRx-Kroger Blowup: Spread Pricing, Pharmacy Margins, and the Future of Discount Cards

https://www.drugchannels.net/2022/05/the-goodrx-kroger-blowup-spread-pricing.html

A few weeks ago, GoodRx surprised investors with the unpleasant news that a major grocery chain had stopped accepting its discount card for an unspecified number of prescriptions. As I explain below, the unnamed chain appears to be Kroger—the sixth-largest U.S. pharmacy. What’s more, GoodRx disclosed that Kroger accounts for an unexpected one-quarter of its prescription business.

The GoodRx situation highlights crucial issues about the complex web of relationships and conflicts that support today’s discount card model. Below, I break down the economics of the discount card business to help frame the outlook for discount cards.

As I explain, discount cards are really just another form of spread pricing. As the market for patient-paid prescriptions has expanded, disputes about the appropriate split of these spreads will pressure pharmacy-PBM relationships and drive change in the discount card business model.

A well-known African proverb states: “When elephants fight, it’s the grass that suffers.” Will investors continue to support GoodRx—or move on to greener pastures? Read on and see what you think.

READ ME

Here are the relevant materials from GoodRx’s 2022:Q1 earnings announcement:

As always, I encourage you to review the original source material for yourself.

You may find it useful to review my previous articles about GoodRx and its business model:

I place GoodRx within the broader context of patient-paid prescriptions in Section 4.3. of DCI’s 2022 Economic Report on U.S. Pharmacies and Pharmacy Benefit Managers.

TUSK TO TUSK

GoodRx described the unexpected financial surprise in its letter to shareholders:

“In addition, we recognized that a grocery chain had taken actions late in the first quarter of 2022 that impacted acceptance of discounted pricing for a subset of drugs from PBMs, who are our customers, and whose pricing we promote on our platform.”

On its earnings call, GoodRx disclosed that the chain accounted for less than 5% of the pharmacies in its retail network, but “almost one-quarter of its prescription transaction revenue.” That equates to about $38 million in GoodRx’s first quarter revenues, or about $150 million annually. The company projected that the financial impact would be roughly $30 million in the second quarter, but wouldn’t forecast beyond that point.

This was a startling disclosure. Like many other people, I was not aware that GoodRx had become so dependent on a single chain. Since the announcement, the company’s already depressed stock price has remained below $9. In early 2021, its stock price peaked at nearly $57. Ouch.

According to Wall Street analysts, the grocery chain that no longer accepts the GoodRx discount card for some or all prescriptions is Kroger. Multiple consumer posts on Twitter have confirmed this awkward reality. (For example, see here and here.)

We estimate that Kroger accounts for only 3% of total U.S prescription revenues. This suggests that GoodRx was dramatically over-indexed to a single chain.

As you can read in the earnings call transcript, GoodRx management tried valiantly to spin this situation. They correctly noted that the dispute is not between GoodRx and Kroger, but instead between Kroger and at least one of the PBMs that manages GoodRx’s retail discounts.

That’s why the GoodRx team made an analogy to the Walgreens/Express Scripts dispute from 2012. (They didn’t explicitly mention these two companies, but it’s clear from the context.) Travel back 10 years via the Drug Channels wayback machine for a refresher: Walgreens is Losing Its Battle with Express Scripts and Walgreen Cuts a Deal with Express Scripts.

I found GoodRx’s commentary to be confusing and hard to decipher. Here’s my take on what’s really going on.

DISCOUNT CARDS = SPREAD PRICING

Spread pricing is one way that third-party payers can compensate a PBM for plan administration and other services. With spread pricing, a payer compensates a PBM by permitting the PBM to retain differences, or spreads, between (a) the amount a PBM charges the payer, and (b) the amount the PBM pays the pharmacy that’s dispensing the prescription to a patient. We estimate that spread pricing has become much less important to large PBMs’ overall profitability. (See Section 11.2.3. of our 2022 pharmacy/PBM report.)

However, many people don’t appreciate that spread pricing is the primary way that PBMs profit from discount cards. Consequently, the Kroger/PBM dispute is really a fight over how this spread gets split.

The chart below illustrates the flow of products and money when a patient uses a discount card to pay the full cost of their generic drug prescription, without using third-party insurance. Since generic drug manufacturers don’t pay rebates to PBMs or payers, those flows have been eliminated from the chart.

[Click to Enlarge]

There are some notable differences from the conventional scenario illustrated in our well-known follow-the-dollar chart:

  • When using a discount card, the patient is the payer. There is no third-party payment for the prescription. The patient’s out-of-pocket payment comprises the pharmacy’s entire payment for the prescription. (More on this issue below.) In the chart above, the contractual and financial flows between PBMs and third-party payers have been removed.
  • The PBM collects a per-prescription fee from the pharmacy whenever a patient uses a discount card program. The pharmacy’s net reimbursement equals the patient’s prescription payment minus the discount card fee. Thus, this fee reflects a spread over the net reimbursement that the pharmacy earns. Like many other payers, patients generally don’t know that a PBM collects this fee.
  • The PBM doesn’t keep the entire discount card spread. The PBM shares a portion of this fee with the discount card vendor that directed the patient to the pharmacy. The PBM will pay the discount card vendor a percentage of its fee or a fixed per-prescription amount. Regardless of the form, GoodRx reports that it earns about 15% of the patient’s total retail prescription cost. See my commentary in this post from last August.

Assuming that PBMs don’t lose money on discount card prescriptions, then total discount card spreads are (on average) greater than 15% of the total retail consumer cost.

Let’s assume that GoodRx keeps 75% of discount card spread, while PBMs keep the remaining 25%. Here are some rough estimates of the GoodRx/PBM/Kroger prescription economics:

  • Total prescription revenue from consumers using GoodRx at Kroger pharmacies = $1 billion (= $150 million ÷ 15%)
  • GoodRx transaction revenue from Kroger = $150 million
  • PBM transaction revenue from GoodRx at Kroger = $50 million (assuming 25% of total discount card spread)
  • Net Kroger prescription revenues = $800 million (= $1 billion minus $200 million discount card spread)

Wow. Good money, if you can get away with it.

TRAMPLED UNDER FOOT?

The figures above are becoming crucial in understanding the forces driving the future of discount cards. Here are three trends to watch:

1) Patient-paid prescriptions are growing.

Prescription costs are increasingly shifted to patients through deductibles and coinsurance. Consequently, a growing share of prescriptions have no third-party contribution, because patients pay the full cost out of pocket.

What’s more, generic prescription pricing is so broken that more than 70% of the consumers who used GoodRx already had commercial or Medicare insurance. GoodRx has even estimated that more than half of prescriptions filled using its discount card were cheaper than the average commercial insurance copays for the 100 most purchased medications.

We estimate that patient-paid prescription accounted for about 9% of unadjusted prescriptions in 2021. Discount cards were more than half of this patient-paid prescription activity.

[Click to Enlarge]

Patient-paid prescriptions that use a discount card are not considered cash-pay, because the claims are adjudicated by a PBM. Thus, they lead to a consumerization of retail prescriptions—but not necessarily of the pharmacy and PBM industries.

2) Pharmacies will push back against shrinking discount card margins.

When a patient uses a discount card, the pharmacy must pay a fee for dispensing to a patient who may have been willing to pay the same prescription price directly to the pharmacy anyway. However, our wacky drug channel effectively prevents pharmacies from offering low cash prices that match the discount cards.

PBMs have been trying to expand these spreads, in part because discount card vendors are demanding ever-higher payment rates. Consequently, pharmacy margins for discount card prescriptions are being squeezed. This adds one more profit pressure to the long list of negative headwinds facing retail pharmacy.

Pharmacies will have a tough time recapturing these margins. Most areas of the U.S. have an oversupply of retail pharmacy locations.

3) PBMs will react to the danger from discount cards.

I have long postulated that discount cards could be the true disrupter that upends PBMs’ pharmacy benefit economics, plan sponsors’ decisions, and the entire generic market. Generic drugs account for nearly 90% of a PBM’s claims processing activity. Discount cards are incentivizing people to bypass their own insurance plans and access the network rates of another PBM—or even their own plan’s PBM disguised as a discount card.

PBMs have profited from discount cards’ rapid growth. I think they now recognize the dangers of this growth for the value of their benefit management services. Keep an eye on the following strategies:

  • PBMs are trying to increase discount cards spreads and/or retain a greater a portion of these spreads. So far, discount card vendors have been able to sustain their margins by working with smaller and hungrier PBMs that want to build their volume. For instance, GoodRx’s share of revenue from its three largest PBMs has been dropping, from 61% in 2018 to 34% in 2021. This suggests that the company is going deeper into the market to maintain competition.
  • PBMs are trying to insert some sort of “discount card” pricing into commercial benefit plans. Both Express Scripts and Prime Therapeutics have announced such programs. As I argued in a previous article, PBMs can hide behind discount cards to undermine the network rates offered to their own clients. I still have trouble understanding the circumstances in which a member’s out-of-pocket cost under a PBM-managed benefit plan would be higher than their cost using a discount card program operated by the same PBM.

In my recent video webinar PBM Industry Update: Trends, Controversies, and Outlook, I explained how patient-paid prescriptions could disrupt the PBM business.

Let’s see if GoodRx will be savvy enough to avoid becoming trampled grass.

Just saying…sharing

 

 

This Round/Brown/Smelly stuff has got to STOP!!!

PT called the clinic repeatedly complaining of pain and specifically targeted the doctor who performed the surgery

I heard it through the GRAPEVINE

A video diatribe attacking yours truly over something that I SHARED ?

A doctor’s murder over an opioid prescription leaves an Indiana city with no easy answers

It is unfortunate that a certain federal bureaucracy has allowed those with valid medical needs (chronic pain & mental health) to be divided and basically at odds over how each group is treated or MISTREATED and many healthcare providers are denying care to pts that would have probably got care while the Federal Law Decade of Pain Law (2000-2009) was active and on the books.   It is also pathetic that certain non profit groups have achieved some high visibility & credibility  because they have aligned themselves with the DEA’s agenda…  there is so many, I will not attempt to list them…. they know who they are and many within the chronic pain community know who they are.

So we basically have 4 different groups at odds  chronic pain pts, mental health/addiction pts, heatlhcare providers, and all those bureaucrats and non profits fighting the war on drugs/pts. It would seem like the last group or the suppressors and the first three are the victims.

The shooting of the two docs and office staff and pt recently WAS NOT A FIRST..  but the first that I am aware of was back in 2017 in Indiana, see link above.

The first video is from a pain doc calling a person out, who puts themself out as a “chronic pain advocate”…  I was recently told that this “chronic pain advocate” charges any pt who want them to advocate for them person to person … the upfront cost is $350 setup & $200/hr….  I don’t know if that is plus travel expense, room & board and related expenses or if “in person advocating” is a “virtual advocating”

The chronic pain community seems pretty “roused up” over what this “chronic pain advocate” posted on Tic Tok about the 4 murders and 1 suicide.

Will this incident cause the victims to come together and put up resistance to those that are suppressing hundred of millions of people with legit medical needs and the healthcare providers who would prefer to treat those people with valid medical necessities.

The chronic pain community needs to realize who is really behind and supporting them and who is attempting to monetize the chronic pain community in various ways.

I would not put any money on the various groups would come together, but THIS CRAP HAS GOT TO STOP.

FULL DISCLOSURE: I am the UNPAID consultant Pharmacist for the American Pain & Disability Foundation and I support what they are doing and what they have accomplished using only voluntary donations to the foundations.  Personally, I have never accepted the first dollar from a chronic pain pt for providing them advice on their particular issue/problem, and if anyone says otherwise…. IS A LIAR !!!

PT called the clinic repeatedly complaining of pain and specifically targeted the doctor who performed the surgery

This is such a shame, I just wonder if this surgeon told this pt prior to the surgery that the surgery would “resolve his back pain”.  Of course, no surgeon can “promise” that surgery will “correct the problem”.  Apparently the pt had reach out to the surgeon to get something to help him manage his pain.  It would seem that the surgeon ignored the pt’s repeated contacting the surgeon/office about pain management and this story would suggest that the pt’s requests had been ignored and/or the pt’s request for pain management was DENIED… this is not clear from this article.

Could this surgeon be just an employee of the Saint Francis Health System and just following the mandates of his corporate employer about how many days or how many doses a pt can be provided post surgery for pain management ? If so, could some exec, committee or BOD be responsible for implementing such “one size fit all” pain management policies… which could be the genesis of this tragedy. Even if any of this is true, guess who will get blamed for this tragedy ?

My money is on that if this pt had just went to the surgeon’s office and committed suicide in the waiting room of this office… NOTHING WOULD HAVE BEEN ON ANY MEDIA.

Tulsa shooting gunman targeted surgeon he blamed for pain, police say

https://www.cbsnews.com/live-updates/tulsa-shooting-press-conference-watch-live-stream-today-2022-06-02/

A man who blamed his surgeon for continuing pain after a recent back operation bought an AR-style rifle Wednesday and carried out a shooting that same day at a Tulsa, Oklahoma, medical office, killing the doctor and three other people in an attack that ended with him taking his own life, police said Thursday. The gunman called the clinic repeatedly complaining of pain and specifically targeted the doctor who performed the surgery, Tulsa Police Chief Wendell Franklin said.That physician, Dr. Preston Phillips, was killed, along with Dr. Stephanie Husen, receptionist Amanda Glenn and patient William Love, Franklin said. The attack occurred on the campus of Saint Francis Health System in Tulsa. The chief identified the shooter as Michael Louis, 45, of Muskogee, Oklahoma.

A letter found on the gunman “made it clear that he came in with the intent to kill Dr. Phillips and anyone who got in his way,” Franklin told reporters. “He blamed Dr. Phillips for the ongoing pain following the surgery.”

It was the latest in a series of mass shootings in the U.S. including the deadly school shooting in Uvalde, Texas, and an attack on a supermarket in Buffalo, New York. Over the weekend in Taft, Oklahoma, a woman was killed in a mass shooting during a Memorial Day event that also left seven people injured, police said.

chief-franklin-tulsa-shooting-update-62-1654183834248.jpg
Tulsa Police Chief Wendell Franklin speaks to reporters on June 2, 2022, the day after a deadly mass shooting at a Tulsa medical office. CBS News

Phillips was an orthopedic surgeon with an interest in spinal surgery and joint reconstruction, according to a profile on the clinic’s website. He once served as lead physician for Tulsa’s WNBA team before the franchise moved out of state, according to the Tulsa World.

Dr. Cliff Robertson, president and CEO of Saint Francis Health System, called Phillips a “consummate gentleman” and “a man that we should all strive to emulate.” He said the three employees who were killed were “the three best people in the entire world” and that they “didn’t deserve to die this way.”

Police believe the gunman bought his weapons legally, Franklin said. The gunman bought an AR-style semi-automatic rifle on the afternoon of the shooting and a handgun on Sunday, the police chief said.

Franklin praised the law enforcement officers, 911 operators and emergency responders for their “immediate response” to the attack. Police responded to the call about three minutes after dispatchers received the report at 4:52 p.m. and made contact with the gunman at 5:01 p.m., authorities said Wednesday.

“Our training led us to take immediate action without hesitation,” he said. “That’s exactly what officers do and that’s what they did in this instance.”

The length of time it took police officers in Uvalde to engage the gunman during last week’s deadly school shooting at Robb Elementary School has become a key focus of that investigation. Officers waited over an hour to breach the classroom where the 18-year-old gunman attacked with an AR-style semi-automatic rifle, killing 19 children and two teachers.

The spate of recent gun violence across the country has led to Democratic leaders amplifying their calls for greater restrictions on guns, while Republicans are emphasizing more security at schools. Bipartisan discussions are also being conducted.

The White House said President Biden will deliver a primetime address Thursday night to talk about gun violence.

Legalize “highway robbery” ?



The PBM industry started in 1969-1970 and worked for many years under contracts with insurance companies.  At some point, all the major PBM’s became licensed insurance companies and were then protected from the Sherman Anti Trust act by the McCarran Ferguson Act, which exempted insurance companies from Sherman Anti trust.

Over the decades, many different states have tried to start having oversight over these PBM companies and each time. The PBM industry would bring out a “army” of lobbyists and attorneys to convince legislators that regulating the industry would cause med prices to rise and community pharmacies – in particular – would make “excessive profits”. In the end, the various legislatures believed them and the industry continued to function without any any oversight and whose financial arrangements were kept hidden.

In the last 5 yrs or so… these types of PBM overcharges are coming to light.  The PBM industry controls the price of upwards of 90% of all Rxs filled.  This one study is JUST IN ONE STATE (FL) and JUST WITH MEDICAID.

Just imagine, we fill some FOUR BILLION prescriptions every year and the PBM industry controls the pricing of upwards of 90% of those Rxs. All those excess profit that they have generated shows up in your insurance premiums and copays.

Pres Biden says that he wants to lower Rx med prices….  If he doesn’t start with the PBM industry, his efforts will be a ABSOLUTE FAILURE. Given that the insurance industry has one of the LARGEST BUCKETS OF MONEY FOR LOBBYING CONGRESS and now the top 4-5 PBM companies are owned by some major insurance company. I am not expecting much to change.

Procedure after procedure to just end up bed/chair/house confined because of CDC opiate dosing guidelines ?


Hi Steve,

I’ve been putting this ofc for quite some time, but now is appropriate, I think… Here goes…

I was a nurse in a cardiac unit for six years. On September 6, 1987 I was hurt at work, the day before Labor Day and three days before my twenty ninth birthday. We were short staffed with it being a holiday weekend, so I tried to lift a patient up in bed by myself. She was a tiny thing and was lucid. When I pulled, she grabbed the siderails…I felt horrendous pain in my lower back that shot down my left leg.

After my first laminectomy in March of 1988, I recovered and was allowed to return to work in September of that year. The hospital, in their infinite wisdom, assigned me to a dialysis floor KNOWING that I’d had surgery six months previously. I lasted five weeks before herniating another disc. More surgery, which failed…and another, and another.

Then the fusions started. After three of them where all bone, my own and donor, disintegrated, I tried a spinal cord stimulator. When it was turned on that evening, causing such muscle spasms that the leads were displaced. After a month, the doctors tried to reposition them, but to no avail. In search of relief, I explored various alternatives, including consulting with healthcare professionals about tizanidin rezeptfrei, a muscle relaxant, to address the ongoing issues with muscle spasms.

Then, in 1994, I was referred to another orthopedic surgeon who told me that he could get a fusion to work, but he would have to implant titanium. I said okay…why??? Because he dangled the “I can get you back to work” carrot under my nose.
Well, I still couldn’t work, but I suppose I was okay until 2009, when yet ANOTHER surgeon had me undergo a CT Myelogram (which was the most painful procedure I ever had!) anyway, it showed severe stenosis, failed hardware and degenerative disc disease. I had that surgery in 2010. Still no relief, except for pain meds.

In 2013, it was discovered that I had Flat Back Syndrome. The most painful SURGERY ever! Then scoliosis, more surgery. Then more surgery because of broken rods and loosened screws. Then a final, so far, surgery in 2019 because of DDD.

I’m now fused, with hardware, from T-2 down to my sacrum and out to both ileac crests. I am now 63 years old, so I have spent over half my life in constant pain. It wasn’t so bad when I was being prescribed proper medication, but we all know that’s over.

I have tried everything, and I mean EVERYTHING for the pain. You name it, I have done it. I’m at the point now that I have no quality of life. I can’t do much for myself anymore, not even clean my own bottom. I have deep, dark depressions that come over me in waves. My best friend, my sister by choice, passed away four months ago from…you guessed it!!!! Complications from untreated chronic pain! Oh, how I envy her…I wish it had been me….

I’m sorry this is so long, but it’s a complicated problem that I have, along with many others. I used to be a happy, active woman… Now, all I do is read and play word games on my tablet.

Thank you for all that you do for the chronic pain community, Steve…we appreciate it.

United States of Amazon – I watched this .. could hardly keep my mouth from DROPPING OPEN

www.foxnation.com

Last night I was watching Tucker Carlson Tonight, because of it being a holiday show… he was showing “clips” from some of his Tucker Carlson Today stories which is on their streaming subscription service.

One clip was concerning Amy Nelson and her Husband, who was and executive for Amazon Web Service – Amazon’s Cloud service. It is estimated that AWS has about AT LEAST 50% of all cloud/web storage capacity IN THE WORLD.

This 60 minute story is all about just how DEEP/CORRUPT the DC SWAMP IS and how a very large corporation can falsely accuse an employee of breaking a law and getting our DOJ to use our Civil Asset Forfeiture Law…

This man was never charged with a crime, but the DOJ confiscated all the money out of the family’s checking account and because the wife also had a business, the couple only had one banking account and the DOJ ended up confiscating HER MONEY….

To pay the law firms to defend this LEGAL BS… the family ended up selling their house, their car and staying with various relatives over abt a two year period.  After about two years of all of this LEGAL BS… the DOJ returned their money to them, as long a they signed an agreement NOT TO SUE THE DOJ.

Fox nation is a subscription service and you can easily get a 30 day free trial, unless you are a VETERAN … you can get  ONE YEAR FREE.

 

 

If Roz Brewer and Karen Lynch were on Under Cover Boss -A PARODY

WHO: 250 confirmed cases of monkeypox out of 8 billion world population: “moderate” public health risk

WHO labels monkeypox a ‘moderate’ public health risk

https://www.who.int/emergencies/disease-outbreak-news/item/2022-DON388

The World Health Organization (WHO) has labeled monkeypox a “moderate” public health risk, after more than 250 confirmed cases were reported across the globe.

In a statement on Sunday, the health agency said monkeypox is a “moderate” public health risk because it has been reported in varying geographical locations for the first time. The illness had typically been found in central and western African regions.

“Currently, the overall public health risk at global level is assessed as moderate considering this is the first time that monkeypox cases and clusters are reported concurrently in widely disparate WHO geographical areas, and without known epidemiological links to non-endemic countries in West or Central Africa,” the health agency wrote.

ADVERTISING

A total of 257 laboratory confirmed cases of monkeypox have been reported throughout the world since May 26, according to the WHO. Roughly 120 suspected cases were reported to the health agency. There have been zero reported deaths.

Ten cases have been confirmed in the U.S., with Centers for Disease Control and Prevention Director Rochelle Walensky saying last week that some of the infections were connected to individuals who traveled to areas that are experiencing monkeypox outbreaks.

The WHO on Sunday said it expects more cases of the disease to pop up “as surveillance expands in non-endemic countries, as well as in countries known to be endemic who have not recently been reporting cases.”

“The sudden appearance and wide geographic scope of many sporadic cases indicates that widespread human-to-human transmission is already underway, and the virus may have been circulating unrecognized for several weeks or longer,” the health agency added.

Monkeypox is spread through prolonged skin-to-skin contact. Symptoms include lesions, which spread the disease, fever, muscle aches, swollen lymph nodes and fatigue.

Five things to watch for in next year’s ‘climate’ Farm BillNew US ambassador to Ukraine Bridget Brink arrives in Kyiv

The WHO on Sunday said cases of monkeypox have primarily been reported among men who have sex with men.

While the top monkeypox expert at the WHO, Rosamund Lewis, has said she does not think the disease will turn into a pandemic, she recognized that much remains unknown about the illness, including how it is spreading across the globe and if stopping smallpox vaccinations several years ago is driving the transmission of monkeypox.

 

How to Enforce Health Laws

How to Enforce Health Laws

https://www.daily-remedy.com/how-to-enforce-health-laws/

Entrepreneurs will tell you success is in the execution. Anyone can come up with an idea, but the execution of it separates the pretenders from the real empire builders.

The same goes for many healthcare laws, which have undergone radical revisions in recent weeks. The laws may have changed, but enforcing those changes will be particularly difficult.

Healthcare laws rely heavily on tips and expert witnesses – meaning healthcare self-regulates. When RaDonda Vaught was indicted because of a fatal medical error, the prosecutors brought a slew of expert witnesses to testify the medical error rose to the level of being a crime.

There is no legal argument for healthcare behavior to be considered a crime or worthy of legal liability – civil or otherwise. There is no standard legal theory or method of adjudication. It comes down to medical experts and witnesses. It comes down to self-regulation.

When a physician makes a mistake, it is reported by someone to the medical licensing board or state attorney general’s office. That office then initiates an investigation, gathering experts and witnesses to testify against that physician. Sanctions against that physician essentially depend on the interpretation of others. If other medical professionals believe that person committed a crime, then he or she did.

In this way, healthcare is only bound by the laws it chooses to adhere to. If a law is medically unjust, healthcare can effectively nullify it by standing in solidarity against it. The only problem is in healthcare, we lack such unity.

We have no shortage of healthcare providers clamoring to be expert witnesses or to showcase their charisma on media outlets. It is endemic to the field. But the same physician or nurse seeking personal glory is the one who will testify against a colleague in the court of law.

No other profession behaves like this. Law enforcement has immense union protections for its members to where officers cited for multiple misconduct violations can continue to work in that department. Federal agencies place immense stigma against those who whistle-blow or testify against former associates, even in cases of legitimate federal misconduct – and good luck getting any lawyer to testify against another one of its own kind.

Yet healthcare has no shortage of expert witnesses and purported legal experts. No shortage of professionals willing to bend medical data or interpret medical information a certain way to justify a given legal stance.

As a result, we see opioid litigation essentially boiling down to testimonies from competing expert witnesses. It is professional cannibalism. No one wins when litigation outcomes distill down to different interpretations of clinical knowledge.

It is time we protect the integrity of healthcare by demonstrating a sense of solidarity.

Healthcare has always been and will always continue to be, a self-regulating entity. No law can change the standard of care in medicine so long as those practicing medicine adhere to good patient care. We in healthcare define what it means.

So instead of fighting non-clinically trained politicians or law-makers for the healthcare laws they enact, healthcare should unify in a stance of noncompliance. Agree not to comply with laws intended to subjugate healthcare to the political whims of lawmakers.

It requires physicians and nurses to put the common good of healthcare over individual self-interests. We would hope this is why most entered healthcare in the first place.

But hope is not a strategy. We have yet to see individuals in healthcare sacrifice for the common good when it comes to healthcare regulations and uphold a sense of solidarity.

Let us call it for what it is. It is time to end snitch culture in healthcare.