MESSAGE
DATE | 2017-06-11 |
FROM | Ruben Safir
|
SUBJECT | Re: [Hangout - NYLXS] Abbott Scam - tightening the nose on the
|
From hangout-bounces-at-nylxs.com Sun Jun 11 02:30:44 2017 Return-Path: X-Original-To: archive-at-nylxs.com Delivered-To: archive-at-nylxs.com Received: from www.mrbrklyn.com (www.mrbrklyn.com [96.57.23.82]) by mrbrklyn.com (Postfix) with ESMTP id 4351D163F55; Sun, 11 Jun 2017 02:30:43 -0400 (EDT) X-Original-To: hangout-at-nylxs.com Delivered-To: hangout-at-nylxs.com Received: from mailbackend.panix.com (mailbackend.panix.com [166.84.1.89]) by mrbrklyn.com (Postfix) with ESMTP id 4BB04160876 for ; Sun, 11 Jun 2017 02:30:41 -0400 (EDT) Received: from [10.0.0.62] (www.mrbrklyn.com [96.57.23.82]) by mailbackend.panix.com (Postfix) with ESMTPSA id 2665A105BE for ; Sun, 11 Jun 2017 02:30:40 -0400 (EDT) To: hangout-at-nylxs.com References: <00c73dc9-babd-e89d-a11c-1f30bf2ca868-at-mrbrklyn.com> <20170611031537.GQ14607-at-linuxmafia.com> <20170611055819.GA31762-at-www.mrbrklyn.com> <863f3917-be1c-ba40-c912-9cf2f89b019b-at-panix.com> <15c79ddc-f357-6522-8cf0-182ec4a82a40-at-panix.com> From: Ruben Safir Message-ID: <82ecd0e5-a733-9246-beb4-9dac0d916d82-at-panix.com> Date: Sun, 11 Jun 2017 02:30:40 -0400 User-Agent: Mozilla/5.0 (X11; Linux x86_64; rv:52.0) Gecko/20100101 Thunderbird/52.1.1 MIME-Version: 1.0 In-Reply-To: <15c79ddc-f357-6522-8cf0-182ec4a82a40-at-panix.com> Content-Language: en-US Subject: Re: [Hangout - NYLXS] Abbott Scam - tightening the nose on the pharmacy and patient X-BeenThere: hangout-at-nylxs.com X-Mailman-Version: 2.1.17 Precedence: list List-Id: NYLXS Tech Talk and Politics List-Unsubscribe: , List-Post: List-Help: List-Subscribe: , Content-Type: text/plain; charset="utf-8" Content-Transfer-Encoding: quoted-printable Errors-To: hangout-bounces-at-nylxs.com Sender: "Hangout"
http://www.frierlevitt.com/articles/pharmacylaw/pbms-wrongfully-increase-sc= rutiny-pharmacies-due-gray-market-diabetic-test-strip-suppliers/
PBMs Wrongfully Increase Scrutiny of Pharmacies Due to =E2=80=9CGray Market= =E2=80=9D Diabetic Test Strip Suppliers
By Alexandra M. Pearsall, Esq.
In the wake of the recent litigation involving Abbott Laboratories and =E2=80=9Cgray market=E2=80=9D diabetic test strips, pharmacies are facing i= ncreased PBM scrutiny over their purchases from certain pharmaceutical distributors, including secondary wholesalers. On November 4, 2015, Abbott Laboratories won a court order barring certain pharmacies and distributors from selling what it claimed to be =E2=80=9Cgray market=E2=80= =9D versions of its diabetes test strips in the United States. In the litigation, Abbott alleged that several wholesale suppliers imported FreeStyle glucose test strips to the United States at lower, foreign prices and resold them to United States customers. The injunction relied upon the assertion that these products were likely to confuse consumers and harm Abbott=E2=80=99s reputation.
Despite the fact that the Abbott litigation appears far from over, many PBMs have begun to use these developments to justify targeting of pharmacies over purchases of glucose test strips from anyone other than the manufacturer or primary wholesaler of record, even when there is no evidence that such testing strips were diverted or misbranded. Under applicable law, it is entirely permissible for licensed, secondary wholesalers to acquire legitimate products from a variety of lawful sources, and then resell them to licensed pharmacies. Moreover, many States=E2=80=99 laws do not have a mandate that suppliers of over-the-count= er devices supply a pedigree =E2=80=93 or a formal document delineating the transaction history of a particular batch of a drug or device =E2=80=93 when transferring such products.
In spite of this, several major PBMs have used Abbott=E2=80=99s initial successes in the unrelated litigation as a boon to justify heavy-handed audits of pharmacies regarding their purchasing sources of these diabetic suppliers. In this vein, PBMs have required pharmacies to produce additional documentation and information above and beyond standard wholesaler invoices or purchase history records, demanding that pharmacies provide pedigrees or manufacturer lot numbers in order to get credit for purchases properly made and paid for from duly-licensed wholesalers. These PBM actions have led to massive recoupments and even termination in some instances.
The PBMs=E2=80=99 actions are without proper basis in law or in contract. = If your pharmacy has purchased from a supplier indicated in the Abbott litigation or is facing PBM action based on these types of purchases, contact Frier Levitt today.
References:
Abbott Laboratories et al., v. Adelphia Supply USA et al., case number 1:15-cv-5826, in the U.S. District Court for the Eastern District of New York Abbott v. Adelphia Supply USA et al., case number 15-3785, in the U.S. Court of Appeals for the Second Circuit
Pharmacy Law Related Articles
Hot Topics in Specialty Pharmacy Law: PBM Prescription Trolling, HUB Arrangements, DIR Fees Update, Opioid and Naloxone Laws, and NADAC Pricing
PHARMACY AUDIT ALERT: CVS Caremark Takes Aggressive Position Against Pharmacies for Purchases from =E2=80=9CUnauthorized=E2=80=9D Drug Distribut= ors
Express Scripts Leverages Limitations on Pharmacy Practice to Terminate Network Pharmacies
Exploring Pharmaceutical Manufacturer and Specialty Pharmacy Relationships: What You Can and Cannot Do
The Impact of DIR Fees on 340B Relationships Between Contract Pharmacies and Covered Entities
White Paper: "Performance" Based DIR Fees: A Rigged System with Disparate Effect on Specialty Pharmacies, Medicare Part D Beneficiaries and the U.S. Healthcare System
The 21st Century Cures Act: Its Impact on Home Infusion and How Providers Can Respond
Two States Enact PBM Licensure Requirements
PHARMACY ALERT: Roche Begins Issuing Demand Letters Seeking Repayment for Test Strips Claims
HHS withdraws 340B Mega Guidance
-- =
So many immigrant groups have swept through our town that Brooklyn, like Atlantis, reaches mythological proportions in the mind of the world - RI Safir 1998 http://www.mrbrklyn.com
DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002 http://www.nylxs.com - Leadership Development in Free Software http://www2.mrbrklyn.com/resources - Unpublished Archive http://www.coinhangout.com - coins! http://www.brooklyn-living.com
Being so tracked is for FARM ANIMALS and and extermination camps, but incompatible with living as a free human being. -RI Safir 2013 _______________________________________________ Hangout mailing list Hangout-at-nylxs.com http://www.nylxs.com/mailman/listinfo/hangout
|
|