It is Time for Policymakers to Protect Patients from Predatory Practices of Insurers and PBMs

It is Time for Policymakers to Protect Patients from Predatory Practices of Insurers and PBMs

https://www.acsh.org/news/2023/01/17/it-time-policymakers-protect-patients-predatory-practices-insurers-and-pbms-16816

Policymakers often talk about protecting patients against the predatory practices of insurers and PBMs. It is about time for state and federal legislators to support such legislations to ensure that ONLY patients benefit from such patient assistance programs and to stop PBM and insurers from profiteering on the backs of patients.

The following is a snippet of a 1/15/23 article written by Dr. Robert Popovian (American Council on Science and Health advisor) and Louis Tharp for Healthcare Business Today,

Although per capita patient out-of-pocket (OOP) spending on prescription medications has dropped, averages are deceiving. In the U.S., a modest percentage of patients are burdened with unsustainable OOP biopharmaceutical spending. These are the patients who depend on brand-name medicines that have no generic or biosimilar equivalents. The primary contributor to the OOP burden is the changing of pharmaceutical benefit design. Such evolution from fixed-cost co-payments to percentage-based coinsurance and the expansion of high-deductible plans has dramatically increased the OOP share of drug costs paid by those patients. 

In addition, pharmacy benefit management companies (PBMs) and insurers have devised a payment model in which patients do not directly benefit from multi-billion-dollar concessions, rebates, and fees collected by PBMs and insurers from biopharmaceutical companies. In contrast to physician or dentist visits, where a patient’s coinsurance or deductible is based on lower prices negotiated by the insurer, patients’ shares of medication costs are based on the inflated list price. Subsequently, biopharmaceuticals are the only segment of the health system in which patients do not realize the benefit of lower prices negotiated on their behalf.

Over the past several years, biopharmaceutical companies have offered assistance to eligible patients to help offset OOP costs. The monetary value of these manufacturers’ patient assistance programs (PAPs) places the pharmaceutical companies among some of the largest U.S. charities. To devalue PAPs, PBMs and insurers have instituted accumulator and maximizer programs. These initiatives prohibit the patient assistance funds provided through pharmaceutical companies from counting toward the insured individual’s deductible or maximum OOP spending. Consequently, accumulator and maximizer programs force patients to double-pay. The insurer and PBM collect the patient assistance funds provided by the biopharmaceutical industry meant for the patient, while patients must continue making OOP payments until they meet their maximum requirements. Simply put, PBMs and insurers increase profitability on the backs of patients.

CVS, Walmart to Cut Pharmacy Hours as Staffing Squeeze Continues

CVS, Walmart to Cut Pharmacy Hours as Staffing Squeeze Continues

Operating schedules remain ‘pain point’ as chains seek to improve work environment

https://www.wsj.com/articles/cvs-walmart-to-cut-pharmacy-hours-as-staffing-squeeze-continues-11674796388

CVS says most of its reduced hours will be when there is low patient demand or when a store has only one pharmacist on site.Photo: GABBY JONES for The Wall Street Journal

CVS Health Corp. CVS 0.14%increase; green up pointing triangle

and Walmart Inc. WMT 0.77%increase; green up pointing triangle

are cutting pharmacy hours in the midst of a pharmacist shortage that has plagued the nation’s biggest drugstore chains throughout the Covid-19 pandemic.

CVS, the largest U.S. drugstore chain by revenue, plans in March to cut or shift hours at about two-thirds of its roughly 9,000 U.S. locations. Walmart plans to reduce pharmacy hours by closing at 7 p.m. instead of 9 p.m. at most of its roughly 4,600 stores by March.

Walgreens Boots Alliance Inc. previously said it was operating thousands of stores on reduced hours because of staffing shortages. Combined, the three chains operate some 24,000 retail pharmacies across the U.S. 

Walmart last year raised pay for pharmacy technicians.Photo: Ryan David Brown for The Wall Street Journal

Earlier in the pandemic, CVS and Walgreens struggled to meet demand for Covid shots and vaccines. The chains cut hours and, in some cases, closed pharmacies for entire weekends. Walmart, which sells a wider variety of goods, cut overall store hours, in part, to cope with Covid-related labor shortages and make time to restock empty shelves as demand for basics such as toilet paper surged.  

CVS, in a recent notice to field leaders, said most of its reduced hours will be during times when there is low patient demand or when a store has only one pharmacist on site, which the company said is a “top pain point,” for its pharmacists. 

CVS said in a statement it periodically reviews pharmacy operating hours as part of the normal course of business to ensure stores are open during high-demand times. “By adjusting hours in select stores this spring, we ensure our pharmacy teams are available to serve patients when they’re most needed,” the company said, adding that customers who encounter a closed pharmacy can seek help at a nearby location. 

At Walmart, the shorter hours offer pharmacy workers a better work-life balance and best serve customers in the hours they are most likely to visit the pharmacy, said a company spokeswoman. “This change is a direct result of feedback from our pharmacy associates and listening to our customers,” she said. Some Walmart pharmacies already close before 9 p.m., which will become standard across the country after the change.

An online community message board for Holliston, Mass., a small town about 30 miles outside Boston, was populated with messages last month from locals venting about the unpredictable hours of the CVS in town, said resident Audra Friend, who does digital communications for a nonprofit. Ms. Friend said she struggled for a week in November to refill a prescription for a rescue inhaler at the store because the pharmacy was sporadically closed.

“I would go in, and there was a note on the door saying, ‘Sorry, pharmacy closed,’” said Ms. Friend, who switched her prescriptions to a 24-hour CVS about 5 miles away. She said it would be better to have consistently shorter hours if that meant fewer unexpected closures. “At least that way we’re not just showing up at CVS to find out the pharmacist isn’t there,” she said.

A CVS spokeswoman said that in recent weeks the Holliston store has had no unexpected closures.

The drugstore chains have been working to stop an exodus of pharmacy staff by offering such perks as bonuses, higher pay and guaranteed lunch breaks. Pharmacists were already in short supply before the pandemic, and consumer demand for Covid-19 shots and tests put additional strains on pharmacy operations. Walgreens recently said staffing problems persist and remain a drag on revenue. 

Retail pharmacies, which benefited from a bump in sales and profits during the pandemic, are now reworking their business models as demand for Covid tests and vaccines decline and generic-drug sales generate smaller profits.

CVS and Walgreens are closing hundreds of U.S. stores and launching new healthcare offerings as they try to transform themselves into providers of a range of medical services, from diagnostic testing to primary care.  

This past summer, Walgreens was offering bonuses up to $75,000 to attract pharmacists, while CVS is working to develop a system in which pharmacists could perform more tasks remotely. The median annual pay for pharmacists was nearly $129,000 in 2021, according to Labor Department data, which also projected slower-than-average employment growth in the profession through 2031. 

In the past year, the chains have poured hundreds of millions of dollars into recruiting more pharmacists and technicians but staffing up has proven difficult. Pharmacists remain overworked, pharmacy-chain executives have acknowledged, and fewer people are attending pharmacy schools. The number of pharmacy-school applicants has dropped by more than one-third from its peak a decade ago, according to the Pharmacy College Application Service, a centralized pharmacy-school application service.

Meanwhile, many pharmacists who aren’t quitting the field are leaving drugstores to work in hospitals or with other employers. 

Walmart raised wages for U.S. pharmacy technicians in the past year, bringing average pay to more than $20 an hour. Walmart said it planned to raise the minimum wage for all U.S. hourly workers in its stores and warehouses to $14 next month, from $12.

CVS and Walgreens last year raised their minimum wages to $15 an hour.

 

Per two pain experts: we must reintegrate pain with the rest of human suffering as a necessary part of a full life

Image

DOES $ 50.00 for a PAPERBACK seems a bit HIGH ?

I have not bought this book, nor read this book, nor The American Declaration of Independence, adopted on July 4, 1776, contains these famous words: “We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness” (emphasis added).

Our Founding Fathers in our Declaration of Independence  Is the Pursuit of Happiness a God Given Right 

The American Declaration of Independence, adopted on July 4, 1776, contains these famous words: “We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness” (emphasis added).

especially during the 20th century, our federal government implemented a number of “social safety nets” intended to help mitigate or solve a number of “human suffering” most notably social security, Medicare, war on poverty (Medicaid), Affordable care act ( Obamacare), unemployment, 12 yrs of a no cost public education.  Life, Liberty & Pursuit of Happiness is seriously intertwined. Did our Founding Fathers intend for their successors in the three branches of our Federal Gov to codify what the definition of those three words encompassed ? If “we” allow bureaucrats to define or limit the scope of mean of any one of these unalienable rights will impact the meaning and/or scope of the other two unalienable rights

Here is a link to a large selection of the text from the book   https://www.amazon.com/Right-Relief-Other-Opioid-Epidemic-ebook/dp/B0BNW1Y4QB/ref=sr_1_1?crid=3Q6RV8U00ZVOH&keywords=the+right+to+pain+relief&qid=1674693039&sprefix=the+right+to+pain+relief%2Caps%2C127&sr=8-1&asin=B0BNW1Y4QB&revisionId=deb20416&format=1&depth=1

The Right to Pain Relief and Other Deep Roots of the Opioid Epidemic offers a new lens through which to view the opioid epidemic as a consequence of serious misunderstandings of both opioids and pain. Based on their extensive research and experience with chronic pain care, science, ethics, and policy, the authors look beyond the usual villains-pharmaceutical companies and pharmacotherapy distributors-to examine the ethical and scientific concepts about pain that made the opioid epidemic possible.

The book explores the history of pain in Western society, the role of innovation in end-of-life care, the conception of pain control as an important medical responsibility, and the various models of pain that have led to our current understanding of it, ultimately arguing that

we must reintegrate pain with the rest of human suffering as a necessary part of a full life.

Containing patient vignettes as well as scientific and policy controversies that have emerged as the opioid epidemic has evolved, The Right to Pain Relief and Other Deep Roots of the Opioid Epidemic examines these implications in a more human and holistic way than has been ever addressed before by the popular press and professional literature.

When part of Medicare is controlled by a for profit insurance company: Medicare Part D Plan Prices May Change Unexpectedly

Medicare Part D Plan Prices May Change Unexpectedly

How many seniors end up paying more than they thought they would?

https://www.medpagetoday.com/special-reports/exclusives/102834

What if you leased a car, then realized the monthly payment would increase as soon as you drove off the lot, costing you hundreds more?

What if the warranty covers much less than what the dealer advertised?

Welcome to Medicare Part D.

It’s a huge problem for patients, many physicians say. Some who fail to checkopens in a new tab or window their next year’s drug prices during the annual re-enrollment period end up shocked in January when the same drugs they’ve been taking for years, and/or their premiums, end up costing hundreds more in the same plan.

For those who do check, there can be surprises when the posted prices on the Medicare Plan Finder turn out to be wrong, or they’re later contradicted by Part D pharmacy representatives.

Drugs that were the least expensive — even some generics — in Tier 1 may jump to the more expensive Tier 2, 3, or 4 the following year. In any given year, a drug can be priced by one plan in Tier 1, but somehow lands in Tier 2, 3, or 4 in other plans.

What beneficiaries pay may go from a flat copayment to coinsurance, which is a percentage — say 17% or 50% — of the insurance plan’s cost the following year. They may not realize these changes until they get to the pharmacy, or the charge shows up on their statement. The drugs can be exempt from the plan’s deductible, or not exempt.

To make matters even more confusing, Medicare’s rules allow Part D plan insurers to change their formularies after the first 60 days of the year, or immediately if a new generic is released or if there are safety concerns, and in certain other situations too, said Casey Schwarz, senior counsel for the Medicare Rights Center.

Simple, Not Simple

Medicare urges beneficiaries to use its Medicare Plan Finderopens in a new tab or window to pick their next year’s plan during the annual enrollment period, Oct. 15 to Dec. 7, to compare drug plan premiums and drug costs. Plans report these “estimated” prices to the agency for the upcoming year.

Ideally, the process of selecting the best, least expensive plan is supposed to be simple. You type in your zip code, list the drugs you take, the number you need, the frequency, and five pharmacies at a time. The mail-order option is usually among the least expensive.

The finder sorts dozens of plans from least to most expensive in terms of total costs, separating the costs for premiums versus prescriptions. But it can be especially bewildering when the plan’s formulary booklet arrives in the mail telling a different story, and plan phone representatives quote far costlier drug prices.

That’s what happened to me.

The Medicare Plan Finder identified the Cigna Saver Rx PDP as my best option. It would cut my monthly premium from $44.50 to $12.70, thus costing me $381.60 less than if I stayed in last year’s plan. One generic statin I take would cost zero, and the second, ezetimibe, 10 mg, would cost only $118.80opens in a new tab or window for the year.

To make sure I didn’t miss something, I called Cigna representatives twice before enrolling, and a third time after my enrollment card arrived. All three reassured me that $118.80, or $29.70 for a 90-day supply, was all I would pay. I verified this on Cigna’s own websiteopens in a new tab or window.

But the new year brought an alarming twist. The Cigna plan formulary — a small telephone book — arrived Jan. 3. There on page 14, ezetimibe is listed as a Tier 3 drugopens in a new tab or window, which is usually reserved for brand-name drugs. Page 5 showsopens in a new tab or window that preferred mail-order cost-sharing for a Tier 3 drug is $120 for a 90-day supply, or $480 a year, not $118.80.

I double-checked Medicare’s Plan Finder again, and it still said $118.80. On Jan. 4, I called Cigna to complain, and a representative repeatedly confirmed that my price would be $480 for the year. I asked for a supervisor, but after a 17-minute wait, I lost patience and hung up.

I called again a few days later after receiving a letter from Cigna suggesting I should call customer service about my Jan. 4 “grievance.” That representative said adamantly, “the 90-day supply is $120.” Not $29.70. The price for the year is $480.

I complained to 1-800-Medicare, and a representative who researched my concern confirmed that the prices on the finder and in the Cigna book were indeed different. She kept me on the phone as she filed an “official complaint” with Cigna. If this happened to me, I thought, it’s happening to other beneficiaries. What’s the point of the plan finder if its prices are wrong?

Preparing to write a story about the issue, I queried Cigna’s press office, and spokeswoman Justine Sessions replied: “Thank you for bringing this to our attention, and I’m sorry for the frustration and the confusion you’ve experienced. First, related to your questions about the medication costs: the Plan Finder and our formulary book are consistent and correct.

“As outlined in your plan documentsopens in a new tab or window Page 36, section 5.2opens in a new tab or window and Page 49, section 5.4opens in a new tab or window, if the cost of the drug is lower than the tier copay, you pay the lower price. So, for a 90-day supply of ezetimibe 10 mg via preferred mail order, you would pay $29.70 rather than the standard Tier 3 copay of $120. For a 90-day supply of rosuvastatin 20 mg via preferred mail order, you would pay $0, since it is a Tier 1 medication.”

That didn’t make sense. The booklet she referenced doesn’t list the plan’s cost for that drug. Nowhere is the amount $29.70 listed.

Cigna: “We Fall Short”

I wondered if I was being allowed the lower price because I am a journalist who complained.

Sessions’ response continued: “Second – we take feedback from customers like yourself very seriously, and are always looking for opportunities to improve. Cigna is proud to be among the leaders in Net Promoter Score for Medicare, which measures our customers’ willingness to recommend us to friends and family members, but sometimes we fall short of our high standards, as we did in your case. When this happens, we strive to address any issues quickly and use them as an opportunity for additional training and education for our colleagues.”

I asked Sessions how enrollees could know what the cost would be from the formulary book, especially when representatives are giving much higher prices. I was persistent, but I worry that many seniors who have neither the skills nor the patience to investigate and complain will end up enrolling in more expensive plans and end up paying more for their drugs than they should.

Tricia Neuman, executive director of the Kaiser Family Foundation Program on Medicare Policy, agreed that Medicare “has become far more complicated than it once was. There’s clearly some upside to having many health and drug plan choices, but there’s a downside too, particularly if choosing among them is too tall an order.”

Too Complicated

Some Medicare Payment Advisory Commission (MedPAC) members are also concerned about the complexity and confusion surrounding Part D.

At its meeting Jan. 13, policy analyst Shinobu Suzuki reported that while 80% of beneficiaries in 2020 reported overall satisfaction, “they tended to be less satisfied with the ability to understand the program and the information they received,” and fewer than 75% “were confident their coverage met their needs.” One-fourth of beneficiaries reported problems with affordability.

That prompted commissioner David Grabowski to express concerns. “It strikes me that MedPAC could think a little bit about the Plan Finder tools and how beneficiaries are matched to their plans,” he said, suggesting that improvements can prevent beneficiaries from being matched “to coverage that doesn’t meet their needs.”

In an email to MedPage Today, Grabowski elaborated that the plan finder “is often not helpful” and that “far too many beneficiaries are still struggling with the tool.”

It’s also a problem for doctors. Numerous studies document that when prices rise, patients skip doses or don’t fill their prescriptions, especially patients with disabilitiesopens in a new tab or window or depressionopens in a new tab or window. Doctors also complainopens in a new tab or window that insurance companies pressure them to write cheaper prescriptions for generics. And one San Diego physician realized this year, as a patient, that she could save “hundreds of dollars annually” on her insomnia drug, eszopiclone, if she skipped her Part D plan and just paid cash at Costco.

In official correspondence, the American Medical Association has told CMS it has concerns about the lack of formulary transparency at the point of prescribing, as well increasing formulary complexity. That complicates plan selection for beneficiaries. When physicians can’t get accurate cost information for their patients, it hurts their ability to provide patient care.

New Year Surprises

“The whole fault with this current system is that you really don’t know what to expect,” said David Weil, program manager for the San Diego regional State Health Insurance Assistance Program, a federally funded counseling service for Medicare beneficiaries. “Part D is especially frustrating for most people because it represents a large portion of healthcare costs and lacks the kind of control that could make more information available to the public.”

Tatiana Fassieux, a counselor with California Health Advocates, reported that a San Mateo SHIP counselor saw on the plan finder that the dry eye medication Restasis was covered by Wellcare’s Part D plan. With the new year, however, she learned that it wasn’t because the drug has a generic version.

A pharmacist in Los Osos, California, told her that as soon as open enrollment closed, Wellcare changed the tier for Eliquis, a drug to prevent blood clots, which changed the copay from $45 per month to more than $200.

“As Eliquis is one of the more widely prescribed brand-name drugs, this is going to affect many patients,” the pharmacist said.

Weil and other advocates advise beneficiaries who believe they enrolled in a plan based on misinformation — either by a plan representative or the Medicare Plan Finder — to call their State Health Insurance Assistance Programopens in a new tab or window, sometimes called the Health Insurance Counseling and Advocacy Program, representatives for help. They also can complain to 1-800-Medicare. In some cases, Medicare may allow the beneficiary to enroll in a less expensive plan even though the enrollment window has closed.

“The more these are reported as complaints, the more likely the plans will be sanctioned or at least made to rectify these situations,” Weil said. “This should also be made clear to Congress that they need to do more to protect beneficiaries from some blatant manipulations all in the name of greater profits.”

Congress has started to realize how difficult the Part D system is for seniors. It has capped beneficiaries’ Part D out-of-pocket costs at $2,000 per year starting in 2025, and has made other changes, such as capping insulin costs at $35 a month for seniors. But even there, seniors weren’t able to see their costs change because the Medicare Plan Finder failedopens in a new tab or window to include it, although it does now.

That cap can’t come too soon.

Something you will never hear the DEA say : “Cutting people off from Opioids may not be the best solution”

Something you will never hear the DEA say : “Cutting people off from Opioids may not be the best solution”

https://www.npr.org/podcasts/478859728/think#:~:text=Cutting%20people%20off%20from%20opioids,in%20pain%20still%20need%20help

 

Pharmacist and technician shortage threatens access to health care

Pharmacist and technician shortage threatens access to health care

Lewis Drug pharmacists Graham Protexter and Sara Hahn prepare prescriptions on Jan. 12, 2023,...

https://www.dakotanewsnow.com/2023/01/23/pharmacist-technician-shortage-threatens-access-health-care/

SDSU pharmacy enrollment down 34%, pharmacies are ‘randomly reducing hours and closing’

SIOUX FALLS, S.D. (South Dakota Searchlight) – When Jessica Strobl’s 87-year-old grandmother needed to fill an antibiotic prescription last fall, her regular Black Hills area pharmacy was closed.

She returned the next day to fill the prescription, but it was closed again. During that time, her infection worsened — enough to send her to the emergency room.

While Strobl’s grandmother has since recovered, it’s a cautionary tale about the consequences of a short-staffed pharmacy and the importance of accessible health care in South Dakota.

It’s a concern statewide, as pharmacies are “randomly reducing hours and closing,” according to September state Board of Pharmacy meeting minutes. The concern surrounds a pharmacy technician shortage and an impending pharmacist shortage, both of which are ripple effects from the coronavirus pandemic’s stress on the health care industry.

An inspector with the Pharmacy Board even noted in a December meeting that several pharmacists are “still slaving away” over the lunch hour, when the pharmacy is closed to patients for a staff break, because the pharmacy was short staffed with too much work to do.

Strobl is the president-elect of the South Dakota Pharmacists Association and vice president of professional services at Lewis Drug Pharmacies.

“In underserved areas of the state, there may only be one pharmacy in the entire county. If that pharmacy can’t remain open, then the people who already have minimal health care access have important services that are unavailable,” Strobl said.

Pharmacy technicians are ‘invaluable’

While the regional Lewis Drug chain hasn’t seen a mass exodus of pharmacists like other parts of the country, Strobl acknowledges there has been turnover among pharmacy technicians.

“In the pharmacy world, technicians are literally invaluable,” Strobl said. “We can’t do our job without them.”

Technicians have taken on increased responsibilities, essentially doing the job a pharmacist did years ago including locating, dispensing, packing and labeling prescribed medications for patients — which are then reviewed for accuracy by a pharmacist — and helping pharmacists with administrative tasks.

The workload at the Monument Health compounding pharmacy increases about 5% each year, said Dana Darger, system director of in-patient pharmacy at Monument Health in Rapid City. But Darger hasn’t had a full staff in three years to handle that increase.

At least once a week, Darger has to pay a pharmacist to cover a technician shift.

Technician pay starts out around $15 to $18 an hour and increases to $18 to $22 an hour after a technician is certified. Pharmacists make an average of $125,214 a year in South Dakota.

And it’s not just paying pharmacists for technician work that ends up costing pharmacies more. Darger said he has to pay for expensive, pre-made medications instead of compounding them in-house because he doesn’t have the staff to do it.

“Technicians can legally do more today than I could as a licensed pharmacist in 1979, yet we don’t pay them like pharmacists,” Darger said. “We’ve got to get the wages up so we have more people interested in technicians.”

Pharmacist shortage follows national trends: ‘errors will happen’

The pharmacist shortage has already hit pharmacies across the country, and it’s looming over South Dakota.

“I think we’re headed into the mess nursing is in now,” Darger said.

South Dakota’s only pharmacy school at South Dakota State University missed its target enrollment goal for the first time ever this year, said Dan Hansen, dean of the College of Pharmacy and Allied Health Professions.

The target enrollment for the fall of 2022 was 65. Only 43 students are enrolled.

COVID-19 is the likely culprit for the drop in enrollment, Hansen said, since this class would have been high school seniors during the first wave of the pandemic.

The pandemic is a factor in the number of early retirements among pharmacists or pharmacists choosing new careers. They’re burned out from the stress, said Amanda Bacon, executive director of the state pharmacists association.

“Pharmacists were the frontline of the pandemic too,” Bacon said. “In a lot of cases, clinics were closed and hospitals had limited access. But your neighborhood pharmacist was still there and made sure you got your medications in a safe manner.”

Those pharmacists are warning students not to enter the profession, Hansen said. One of his first-year pharmacy students was told by seven pharmacists over summer job shadows to stay away. With those pharmacists leaving, employers are looking to hire people who aren’t applying.

“There was a larger chain pharmacy in grocery stores in the Midwest where three years ago it would have had a pharmacy opening and would have received 20 applications,” Hansen said. “Right now, they have 20 openings and haven’t had an application in three months.”

The demand is so high in some parts of the county that some stores offered $75,000 sign-on bonuses for pharmacists.

It scares Hansen to think not only about the number of pharmacists leaving the profession, but the gaps created if the positions aren’t filled.

“If a gap is filled with a pharmacist working 60 to 80 hours a week, they’re more prone to making an error,” Hansen said. “When you’re under the gun to get so many prescriptions done and don’t have the support to do it, errors will happen. It’s just a matter of whether or not it will be caught.”

Those errors include getting the wrong medication for the patient. Consequences range from no side effects to death.

Changing how pharmacies operate

But Hansen believes the shortage will be remedied in the next five or so years, as entities work on solutions, and said there’s “never been a better time” to enter pharmacy. He projects SDSU’s pharmacy class size will return to its target in the next few years.

Solutions already in the works include technology improvements, efforts to change the pharmacy model and more lucrative pay for technicians, Strobl said.

“Overall in South Dakota, we’ve been pretty lucky to avoid some of the issues that pharmacies are seeing nationwide,” Strobl said. “But there’s definitely still an issue that needs to be addressed and we need to look forward into the future to make sure community pharmacy is sustainable.”

One of the most immediate needs is paying technicians more and turning it into a career, Strobl said, by adding responsibilities and making them more involved in patient care.

“These technicians have customer service experience, they’re hard workers and they’re smart. They’re desirable candidates for all types of positions,” Strobl said. “We need to reinvent that role to utilize their talents to the fullest and pay them accordingly so they don’t search for a job just with higher pay.”

The state pharmacists association is working with an online training company to offer certification at “a very reasonable rate,” Bacon said. In the last five years, more than 150 people have gone through the program. Fourteen high school students are attending Pharmacy Technician University through a virtual school program in South Dakota.

Hansen believes so-called “central fill” locations will become more widespread as well. Pharmacies like Hy-Vee are using central fill locations, with one in a former north-central Sioux Falls grocery store, to fill prescriptions and send to retail pharmacies. Such centers relieve refill work for technicians and pharmacists.

As the health care industry as a whole changes after the pandemic, the role of the pharmacist is changing as well, Strobl said. Currently, pharmacies are only reimbursed for products sold. That doesn’t include other services pharmacists provide, such as counseling patients on drug use, chronic illness maintenance and health plans.

“We consider ourselves to be the drug experts — that’s what we’re trained on,” Strobl said. “Pharmacists could be reimbursed for our expertise that isn’t dependent on selling a product.”

Increasing transparency in payments for medications from insurance would address the costs to pharmacies as well, Strobl said. The association plans to support a bill tackling the issue at the state Legislature this session. A bill introduced last year failed in the Senate.

“We’re fighting for transparent reimbursement on our products,” Strobl said. “Pharmacies are only reimbursed on products but that payment is not transparent. We might be told we will get paid $5 on a product and then they claw back $3. And then really we’re only paid $2 at the end.”

There are 14 separate steps to verify a prescription, according to a presentation from CVS Health to the state Board of Pharmacy in December. The company’s solution is to implement technology to reduce workload.

The same is true for hospital pharmacies and regional chains as they search for solutions. However, Darger doesn’t want Monument Health to turn to robots, especially because they’re expensive.

But pharmacies will have to invest in technology if they can’t get enough people in the industry.

“There are a lot of industries in the U.S. that could be taken over by a robot or computer. The next decade or two in pharmacy is going to determine if pharmacists and technicians will continue to be human,” Strobl said. “My wish is we find a nice balance of the two, tech supplementing that human touch.”

This article was produced by South Dakota Searchlight, which provides free news and commentary on critical issues facing the state at SouthDakotaSearchlight.Com.

Warning From a CVS Pharmacist


Warning From a CVS Pharmacist

https://pharmacistactivist.com/2023/January_2023.shtml

I am grateful to the readers of The Pharmacist Activist who send me information and commentaries of which I otherwise would not be aware. Many of these messages are social media postings, some of which I have included in previous issues. I have provided one below from a CVS pharmacist whose name I do not know. One might ask how I am sufficiently confident in an anonymous commentary that I will publish it. My reasons include the facts that I have personally heard similar observations from CVS pharmacists I do know, and this pharmacist has so articulately captured these concerns based on her/his personal experience. I don’t believe that anyone would or could fabricate such a commentary. I am very sympathetic to the dilemma described by this pharmacist but congratulate her/him for taking the time to share this experience as a warning for others.

“I am writing this to spare you from suffering the same outcomes I have. This is a warning to not, under any circumstances, accept a position with CVS. It has ruined the lives of everyone I know who has worked for the company for any significant number of years. I don’t know any pharmacists in this company who have not had to take antidepressants or antianxiety medications in addition to a slew of other medications for their generally ruined health. Now, to my horror, I have realized that is happening to me as well. I was once an athlete, and now find that my ability to maintain my health has been permanently stolen now that my feet and knees are destroyed to the point that I can no longer run or even jog. I thought that it wouldn’t happen to me. At least not this fast, but don’t underestimate the damage that forced standing for 10-14 hours per day will do to you. Of course, you wouldn’t have to stand all day if you weren’t forced to be constantly doing the jobs of three people. But you will, because the intentional business model of this company is to never provide enough staff. I want to emphasize this point, because it is the foundation of a hundred other problems you will have to endure as a result. You will be expected to work at a level 10 frenzy of stress and misery while trying to type prescriptions, fill prescriptions, verify prescriptions, all while you have anywhere from 1-10 calls simultaneously ringing, shipments to check in and put away, lines of customers up to 30 feet long, and the expectation to give vaccines. Do you think you could do this with 3 technicians? How about 2? No? How about 1? HOW ABOUT ZERO? Regardless of the store’s prescription volume, you will always have half of the staff that the job requires. The staffing shortage has been absolutely crippling for years, and we were completely dumbfounded to find out that now, during the busiest part of the year, staffing hours have again been cut. So here that means that most stores have 1 to 2 technicians working when 5 are actually needed. As a result, quality of service and safety are almost nonexistent. How would you like (on top of having an already miserable life courtesy of your employer) to have your license suspended for a safety violation when it was really the fault of your employer who provided absolutely none of the logistics required to do your job correctly and safely? Don’t be surprised if it happens because I can’t tell you how many stores have expired drugs on the shelves, misfills, incorrectly billed prescriptions, misfiled documents, controlled substance inventory errors, mistyped prescription labels and so on. It is a daily occurrence. And it is compounded by constant quitting. People are always quitting because it is so miserable, so you always have new and inexperienced people working, hence an even greater propensity for errors. And don’t think the state boards of pharmacy will do anything. We’ve tried. They sit firmly under the thumb of CVS. Anything they ever (extremely rarely) do is just for show and changes nothing. Most of the time they simply won’t respond.

Any pharmacy school that doesn’t caution their students about CVS is negligent. But because many of them are, I am speaking out to make sure you know that this company will ruin your physical and mental wellbeing, your relationships, your career, your happiness, and your life.”

I encourage readers to share this commentary with members of Boards of Pharmacy and deans and faculty of colleges of pharmacy. CVS and some other chain pharmacies want to explain away these concerns by claiming that there is a shortage of pharmacists and technicians, and trying to increase technician:pharmacist ratios. However, there is NOT a shortage and any claim of such is self-inflicted because so many of their current employees quit as soon as they can and warn others not to seek employment with these companies.

I highly commend the pharmacist who voiced this warning. I would be pleased if this pharmacist sees that I have shared her/his commentary and contacts me to see if I can assist in identifying a professional and fulfilling employment opportunity. And we can be encouraged that the California Board of Pharmacy has taken the action described in the lead editorial in this issue.

Will a CVS Caremark Mail-Order Pharmacy License be Revoked?


Will a CVS Caremark Mail-Order Pharmacy License be Revoked?

https://pharmacistactivist.com/2023/January_2023.shtml

A Pharmacist Activist reader called my attention to an article in STAT+, “California wants to revoke a CVS mail-order license for illegally filling opioid and ADHD prescriptions” (Ed Silverman, Dec. 21, 2022).

The Accusation (Case No. 7258) was filed on October 10, 2022 by the Executive Officer of the Board of Pharmacy of California against CVS/Caremark PCS Pennsylvania Mail Pharmacy LLC doing business as CVS Caremark or Ingenio Rx Home Delivery and four of its officers. The Accusation identifies the following causes for discipline:

  1. Requirements (California’s) for Dispensing Controlled Substance Prescriptions;
  2. Failure to Exercise or Implement Corresponding Responsibility;
  3. Gross Negligence;
  4. Clearly Excessive Furnishing of Controlled Substances;
  5. Unprofessional Conduct – Violation of Applicable Pennsylvania Laws and Regulations Governing Pharmacy;
  6. Unprofessional Conduct.

A hearing is requested on the matters alleged, and that following the hearing, the Board of Pharmacy issue a decision:

  1. Revoking or suspending the Nonresident Pharmacy Permit issued to the pharmacy;
  2. Prohibiting the four officers of the pharmacy from serving as a manager, administrator, owner, member, officer, director, associate, or partner of a licensee for five years if the Nonresident Pharmacy Permit is placed on probation or until the Permit is reinstated if it is revoked;
  3. Ordering CVS Caremark PCS Pennsylvania Mail Pharmacy to pay the Board of Pharmacy the reasonable costs of the investigation and enforcement of this case.

The California Board Inspector reviewed the pharmacy’s dispensing records from July 6, 2018 through July 6, 2021 and identified the following dispensing trends and multiple objective factors of irregularity:

1. Excessive furnishing/early dispensing of prescriptions;

During the 3-year period, the pharmacy filled/dispensed over 2,100 prescriptions for controlled substances (my emphasis), representing more than 69,000 tablets or other dosage units more than seven days early to 549 California patients.

2. Prescriptions written by out of state prescribers;

Controlled substances may only be prescribed by a California licensed prescriber when dispensed to patients in California. The Board Inspector reviewed the top 100 prescribers of controlled substances dispensed by the pharmacy and was able to confirm that only three had active unrestricted licenses to practice in California during at least part of the time for the time period reviewed. Over 6,800 prescriptions were dispensed to patients in California from prescribers listed as having offices in other states, including 2,665 prescriptions for Schedule II controlled substances (my emphasis), representing more than 316,000 dosage units. The pharmacy did not provide the Board Inspector any documentation to show that a pharmacist interviewed each patient to determine the authenticity of the prescriptions written by out of state prescribers.

3. Variation from prescriptions;

The Board Inspector found that the pharmacy deviated from the prescription instructions and dispensed 55 prescriptions against prescribers’ orders that had clear instruction that the prescription “must last” a certain amount of time or have a “maximum” amount per day that could be taken. The pharmacy dispensed these prescriptions early.

The California Board of Pharmacy is to be commended for its thorough investigation of this pharmacy, and it and the Pennsylvania Board of Pharmacy should revoke the license/permit of the pharmacy. It is not possible to estimate the number of individuals who were harmed or died as a consequence of the alleged illegal dispensing of hundreds of thousands dosage units of controlled substances from this pharmacy. However, there have to be victims of this alleged irresponsible and unprofessional conduct. The penalties requested for the four officers are not sufficient. They should receive prison terms, and there should be further investigation of the extent to which their actions were expected or encouraged by their parent company.

There should be no higher priority for Boards of Pharmacy in every state to conduct similar investigations of mail-order pharmacies for which it provides licenses or permits. These pharmacies have essentially escaped regulatory monitoring and actions. The primary duty and responsibility of Boards of Pharmacy is to serve and protect the interests and welfare of the residents of their states with respect to the services and actions of the individuals and facilities which they license and regulate. If they are not doing so already, they must investigate the dispensing practices of the pharmacies from which the largest number of prescriptions are dispensed. The California Board of Pharmacy has provided the example and model for doing this.

CVS Follies: How to Turn a Charitable Contribution into a Scandal and Lawsuit!

CVS Follies: How to Turn a Charitable Contribution into a Scandal and Lawsuit!

https://pharmacistactivist.com/2023/January_2023.shtml

November is “National Diabetes Month.” On November 2, 2021, the American Diabetes Association (ADA) and CVS Health each made announcements about a partnership between the two organizations that described a CVS $10 million commitment over three years to the ADA to reach five million patients and transform health outcomes. The announcements include the following statement:

“CVS Health will also (my emphasis) host an in-store fundraising campaign at all CVS Pharmacy locations nationwide during American Diabetes Month, now through November 27, to give customers an opportunity to support the ADA and build a future without diabetes.”

The “customer opportunity” was implemented by providing customers with options on a checkout screen to donate pre-selected dollar amounts, as well as an opt-out option, for the ADA. This request of customers provided little additional information.

In May 2022, a CVS customer who had made a donation filed a lawsuit intended to be a class-action suit against CVS about this program. However, it has only been recently that this situation has received wider news coverage (e.g., Boston Globe article by Alexa Gagosz, December 5, 2022). The lawsuit alleges that customer donations are being used to help meet CVS’s “debt” or commitment to the ADA, and that this represents fund-raising fraud. CVS has filed a motion to dismiss the case which is currently under review.

The basic question is whether customer donations are in addition to or a part of the CVS $10 million commitment to the ADA. In the motion to dismiss the case, CVS lawyers state, “CVS has no debt to the ADA.” This motion contends that, after three years of fundraising from customers, CVS would make up the difference between the total amount of customer donations and $10 million. However, this information is not included in the initial press announcements or to customers at the time of their checkout at a CVS when they are asked to consider a donation. My interpretation of the press announcement is that the word “also” implies that the donations from customers are in addition to the $10 million commitment from CVS. To my knowledge, CVS made no mention that its commitment was to “make up the difference” between customer donations and $10 million until it was sued. CVS has described its financial commitment in a manner in which it derives maximum recognition for itself in contrast to the minimal recognition for its thousands of anonymous customers who have responded with a donation. Ironically, CVS’s own words of “also” and “making up the difference” should be sufficient reason for the courts to reject its motion to dismiss the lawsuit.

The ADA is just one of the many beneficiaries of CVS’s vast wealth, as well as the donations it convinces its customers to contribute. Some may wonder how CVS has accumulated such wealth that it can not only be so philanthropic, but also still be in a position to commit $5 BILLION (without admitting any wrongdoing) to settle the claims for its alleged role in the opioid usage and overdosage deaths tragedies. A large majority of CVS employees will quickly provide the explanation – CVS understaffs its stores, has deplorable working conditions for most employees, and places its customers at risk of errors!

At the same time CVS rigorously protects every penny it feels it is due. A social media posting of a recent letter sent to a CVS employee reads as follows:

“In reviewing your payroll records, an overpayment has been identified. The overpayment was a result of incorrect Payment Submission and occurred on check(s) dated xxxx-xx-xx. This error resulted in an overpayment in a gross amount of $0.01, and a net amount of $0.01. We understand the overpayment was out of your control, but we must work together to resolve the situation without delay.

Please send a personal check or money order for the net amount of $0.01. Payment is required no later than 2 weeks after the date of this letter. Failure to resolve this issue may result in the balance being sent to a Collection Agency.

Please make each check or money order payable to CVS Caremark and include your ID number and the Service Request xxxxxxx on your payment.”

A well-trained physician can be selectively targeted, deliberately ensnared, inappropriately tried, and wrongfully convicted

A well-trained physician can be selectively targeted, deliberately ensnared, inappropriately tried, and wrongfully convicted

https://www.daily-remedy.com/letter-to-the-alabama-board-of-medical-examiners/

Letter to the Alabama Board of Medical Examiners

Xiulu Ruan, MD 66857019 E1

F.C.I. Oakdale 1

P.O. Box 5000 Oakdale, LA 71463

 

July 16, 2019

 

Mark H. Lequire, MD, Chairman

Michael T. Flanagan, MD, Vice Chairman Alabama Board of Medical Examiners

P.O. Box 946 Montgomery, AL 36101

 

Dear Drs. Lequire and Flanagan:

 

It must be quite a shock for you to receive a letter from a physician felon. I was convicted as a mobster after a seven-week jury trial in the Southern District of Alabama on February 23, 2017, and am serving a twenty-one year sentence in a federal prison In Oakdale, Louisiana. As a result of my indictment and subsequent conviction, I have lost my Alabama medical license, along with those of Michigan, Florida, and Mississippi. However, the truth of the matter is that I have not committed any crime; I have been only criminalized and vilified.

 

The purpose of my letter to you is manifold. Though this may seem to serve as a means of venting my indignation about the grave Injustice of my case, this is not my main goal. Despite the fact that I feel quite urged to share with you the horrendous ordeal and misery that my family members and those close to me have gone through, I want to focus on a broader issue, namely the movement to prosecute physicians in this nation. It is mainly for this reason that I have decided to share with you what I have recently written. Using my own trial as a foundation, I aim to show how, in this country, a well-trained physician can be selectively targeted, deliberately ensnared, inappropriately tried, and wrongfully convicted.

 

It is well recognized that 97% of federal convictions and 94% of state convictions are the result of guilty pleas. In his book entitled “Prosecution Complex,” Daniel S. Medwed (a Professor of Law at the University of Utah and a legal scholar in the field of wrongful conviction) opines: “There is a stark sentencing differential in the American criminal justice system depending on whether a defendant pleads guilty or is convicted after a trial. Defendants who reject a plea offer customarily receive a steeper sentence upon conviction on those charges after trial than the one contained in the plea offer” (p. 61). Professor Medwed also holds that it is impossible to quantify the social cost of the current mode of plea bargaining in the United States that places pressure on innocent defendants to plead guilty (p. 60).

 

The overwhelming majority of prosecuted physicians choose to sign plea agreements with the government, and by doing so they have given up their rights to challenge or openly present their cases to the public. On the other hand, the prosecutors representing the federal government have total control in deciding what the public should be told in each case. Deliberate misrepresentation in order to unfairly prejudice against the defendant physicians is a general rule rather than an exception. Here I want to substantiate the aforementioned point with the use of my medical credentials as an example.

 

As a fellowship-trained, board certified interventional pain management specialist, I took a great deal of pride and had devoted my level best effort in building up my professional credentials. At the time of my arrest in May 2015, I had an active and unrestricted licenses in four states, namely Alabama, Michigan, Florida, and Mississippi. I also had eight active medical board/subspecialty certificates, including Physical Medicine & Rehabilitation, Pain Medicine, Addiction Medicine, Electrodiagnostlc Medicine, lnterventional Pain Management, Subspeclalty Board Certification in Neuromuscular Medicine and Pain Management, as well as a board certificate by the American Board of Independent Medical Examiners.

 

Further, I was an active member in a host of national specialty/subspecialty societies such as the American Society of lnterventional Pain Physicians (ASIPP), the American Academy of Pain Medicine (AAPM), the American Society of Addiction Medicine (ASAM), the American Pain Society (APS), the American Academy of Physical Medicine & Rehabilitation (AAPMR), and so forth. I had served a number of leadership roles in some of them and their state chapters, for example, at the time of my indictment, I served as the President of the Alabama Society of lnterventional Pain Physicians (under ASIPP), as well as being the Immediate Past President of the Alabama Society of Addiction Medicine (under ASAM). I had previously also served as a National Director-at-Large in the ASIPP.

 

Academically, I held the title of an Adjunct Clinical Associate professor at the Department of Anesthesiology, Louisiana State University Health Science Center in New Orleans, LA, and I served as an editorial board member for a handful of professional journals. By the time of my jury trial in January 2017, and as a lead and/or corresponding author, I had published over ten dozen papers in peer-reviewed and PubMed Indexed journals such as JAMA Internal Medicine, JAMA Psychiatry, JAMA Oncology, JAMA Surgery, Neurosurgery, Lancet Psychiatry, American Journal of Psychiatry, Psychiatric Research, Pain, Pain Medicine, Pain Physician, Journal of Pain, Clinical Journal of Pain, Regional Anesthesia & Pain Medicine, Anesthesia & Analgesia, European Journal of Pain, European Journal of Cancer, European Journal of Anesthesiology, Journal of Opioid Management, American Journal of Physical Medicine & Rehabilitation, Muscle & Nerve, Journal of Clinical Pharmacology, Clinical Therapeutics, Expert Opinion on Pharmacotherapy, Journal of Pharmacological Sciences, Annals of Pharmacotherapy, Pharmacological Research, Therapeutic Advances in Drug Safety, American Journal of Hospice & Palliative Care, American Journal of Surgery, American Journal of Medical Quality, American Journal of Hematology, American Heart Journal, Journal of Rheumatology, Journal of Forensic Sciences, Forensic Science, Medicine, and Pathology, Journal of Forensic & Legal Medicine, American Journal of Forensic Medicine and Pathology, International Journal of Legal Medicine, Medico-Legal Journal, American Journal of Medicine, Academic Medicine, Addiction, Journal of Addictive Disease, American Journal of Drug & Alcohol Abuse, Journal of Analytical Toxicology, Clinical Toxicology, Journal of Medical Toxicology, Journal of Critical Care, Annals of Emergency Medicine, Annals of Epidemiology, and others.

 

The professional information related to my clinical training and education, academic title and publications, and board/subspecialty board certifications was easily accessible on my personal website as well as on my company website (Physicians’ Pain Specialists of Alabama). However, in the Grand Jury Indictment release on April 30, 2015, there was only one sentence given pertaining to my clinical background: “Defendant Xiulu Ruan, MD was a Mobile, Alabama physician licensed to practice medicine in the State of Alabama.”

 

Clearly, the prosecutors decided that none of my other qualifying information, particularly as a fellowship-trained and board certified pain specialist was relevant. They had no intention of letting the public know the full level of my professionalism.

 

Instead, they showed no misgivings in painting me to be an unscrupulous, fraudulent, greedy doctor who was only concerned about money. I believe this dirty tactic of character assassination is the modus operandi utilized by prosecutors when prosecuting physicians. Thus it is no longer an issue as to how a certain specialty or subspecialty of medicine is practiced; the issue has become a sociopolitical one. As a result, what physicians have learned through their clinical training and education becomes essentially irrelevant. There is no objective standard at trial; what the prosecutors ever need is an inflammatory and incriminating rhetoric that they can use to instigate confusion and prejudice among the jury against the physician defendant, who has already been found “guilty” before the trial even starts. Specifically, my trial was replete with deliberate misinterpretations, misrepresentations, and distortions. To forewarn my fellow colleagues of such vulnerability and peril (in case when being targeted and facing prosecution), is the other important reason that prompts me to share some of my writings with various physician organizations, medico-legal professionals, as well as some journalists.

 

Finally, please keep in mind that I have been convicted as a head “gangster” of an illusory “criminal enterprise,” following a seven-week jury trial. I believe that my case clearly represents a political persecution that is both shameful and disgraceful.

 

Thank you very much for your time and attention.

 

Sincerely,

Xiulu Ruan, MD