Tying (commerce)

There is this seldom recognized part of the Sherman Antitrust Act called tying commerce.  The basics of this law is that it is ILLEGAL for any entity to force someone to purchase a product/service that person doesn’t want in order to purchase something that they do want.

Think all those pain clinics that force pts to get ESI’s (Epidural Spinal Injection) in order to get the prescriber to write prescriptions for oral opiates.  If these ESI’s  are not providing much relief to the pt or relief is very short lived then the administration of the ESI’s could be considered MEDICALLY UNNECESSARY and if billed to the person’ s insurance.. it could be considered INSURANCE FRAUD. If it is billed to Medicare/Medicaid/Tricare then it could be considered as FEDERAL FRAUD.

One of our PAIN WARRIORS  (Nancy Seefeldt) took it upon herself to do some research into who to file a complaint concerning the violation of the Tying Commerce law..  come to find out the FTC (Federal Trade Commission) is the agency in charge of enforcing this law.

https://www.ftccomplaintassistant.gov/

I spoke with Nancy today and the person that she spoke with at the FTC was apparently not even aware of this part of Sherman Antitrust Act even existed and Nancy indicated that this person seemed rather impressed that a “average person” was even aware of this law.

Nancy also mentioned that there could be a companion law at the state level and a complaint needs to be filed with the state’s AG or IG.

Both the FDA and Pfizer – maker of the Methylprednisolone – DISCOURAGES the administering this med and all the similar cortisteroids via the ESI route.

Apparently a lot of pain docs like to give ESI’s because they generate much more revenue but also those meds are not under the oversight of the DEA, but maybe they need to be concerned about the FTC and their routine administration of cortisteroids via the ESI route.

Filed under: General Problems