is there any law that prohibits rationing of products in interstate commerce
There is no federal law that specifically prohibits rationing of products in interstate commerce. However, there are federal laws and regulations that govern various aspects of interstate commerce, including antitrust laws, price gouging laws, and consumer protection laws.
Antitrust laws, such as the Sherman Antitrust Act and the Clayton Antitrust Act, prohibit businesses from engaging in anti-competitive behavior, including price-fixing, market allocation, and monopolization. Rationing of products in a way that restricts competition and harms consumers could potentially be viewed as anti-competitive behavior and therefore a violation of antitrust laws.
Price gouging laws, which are in effect in many states, prohibit sellers from charging unconscionably high prices during a state of emergency or other situations where the market is disrupted. However, the specific provisions of these laws vary by state.
Finally, there are consumer protection laws that prohibit businesses from engaging in unfair or deceptive trade practices. Rationing of products in a way that is not clearly disclosed or that misleads consumers could potentially be viewed as a violation of these laws.
It’s worth noting that while there may not be a specific federal law that prohibits rationing of products in interstate commerce, state laws and regulations may vary and could impose additional restrictions on businesses.
Does any government agency have the authority to limit distribution of FDA approved medication that would result in patients being harmed by lack of access to their medical necessary medication
In the United States, the Food and Drug Administration (FDA) is responsible for approving drugs for marketing and distribution. Once a drug has been approved, it can be prescribed by healthcare providers for patients with the condition(s) for which the drug is indicated. The FDA does not typically limit the distribution of approved medications unless there is evidence of significant safety concerns or other regulatory issues.
However, other government agencies may have the authority to limit the distribution of FDA-approved medications in certain circumstances. For example, the Drug Enforcement Administration (DEA) regulates the distribution of controlled substances, such as opioids, and may impose restrictions on the prescribing and dispensing of these drugs to prevent abuse and diversion. Additionally, some states may have laws or regulations that restrict the distribution of certain medications for public health or safety reasons.
In general, government agencies are expected to balance public health and safety concerns with patients’ need for access to necessary medications. If a patient is unable to access a necessary medication due to government restrictions, they may be able to work with their healthcare provider or advocate for themselves to seek alternative treatments or exemptions to the restrictions.
is there any law that prohibits healthcare providers from limiting or denying a patient FDA approved medications for a valid medical necessity
In the United States, healthcare providers are generally allowed to exercise their medical judgment when it comes to deciding what medications to prescribe to their patients. However, there are certain situations where healthcare providers may be prohibited from limiting or denying a patient FDA-approved medications for a valid medical necessity.
One example is the federal law known as the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. This law makes it illegal for healthcare providers to prescribe controlled substances, such as certain pain medications, via the internet without a valid prescription and a face-to-face consultation. The law also requires that the prescribing healthcare provider be licensed in the state where the patient is located.
Additionally, there are state-level laws and regulations that may limit a healthcare provider’s ability to deny patients access to FDA-approved medications. For example, some states have “any willing provider” laws that require healthcare providers to accept any licensed healthcare provider who is willing to participate in a patient’s care.
In general, healthcare providers have a duty to provide care that is in the best interest of their patients, and this includes prescribing medications that are necessary and appropriate for the patient’s medical condition. However, there may be certain circumstances where a healthcare provider may not feel comfortable prescribing a particular medication, such as if the patient has a history of substance abuse or the medication may interact with other medications the patient is taking. In these situations, the healthcare provider may need to work with the patient to find alternative treatment options or refer the patient to another provider who is able to prescribe the medication.
Filed under: General Problems
This is great information! Thanks Steve! I think I was a victim of price gouging last month when my pharmacist did not get my medication from their supplier. I called around to different pharmacies and was told by Walmart pharmacy that they had it. I went to pick it up and the tech asked if I had a discount card. As I was looking for it the pharmacist came to the window and said “ No. we don’t take discount cards for Opioid prescriptions”. Then he told me it would cost $200. This month I found out that hospital pharmacies are more likely to have my medical so I went there. They did not take my discount card either but the same prescription was only $75. I think I will contact my AG. This is not right and very harmful to patients that need these medications to be able to function in life.
Non profits tend to get price breaks on Rx meds and I was not aware that they were able to fill Rxs for non-patients with those meds… maybe they have changed the rules.
Someone needs to ask ChatGPT if less people would die and/or be tortured if opioid pain medicine was as easily accessible as a bottle of Tylenol. Also, ask it if it experiences physical pain like people do, duh!
here is the link to ChatGPT https://chat.openai.com/ anyone can establish a free account and ask questions
I know but rather not use my phone 🙂