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G.G, FACP, sued PBMX to collect on the time he spent filling out two or three prescription inquiries a week, each taking between six and 10 minutes to complete. He told PBMX in December 2005 that he would bill $150 an hour to fill them out, and when PBMX said they would not pay, he sued in 2006.

The courts decided March 6 of this year that PBMX's prescription inquiries were designed to examine whether the prescriptions were the most economical for PBMX, and since they were solely for PBMX's benefit, Dr. G.G. could collect payment for his time.

Here is the court's decision.

 

The following is by Dr. G.G.  (The bold, underlined emphasis was added):


Pharmacy Benefit Management Companies are the illegitimate children of an affair between insurance companies and the pharmaceutical industry; they interrupt the interaction between the patient and the doctor (as well as the pharmacist) at the point of service with a remote control mechanism that is entirely wasteful, mercenary and redolent of what Enron did with distribution of energy. It is a perfect setup for corruption. If all PBMs were forced out of business today, everyone would be better off.

I did not file this case against PBMX to make money. I filed it to prove a legal point, which so far seems to have worked.

The point is this: if a PBM not acting at the request or on behalf of the patient demands my time in order to fill out forms (for the enrichement of the PBM) authorizing the dispensing of my prescriptions, then a) it is obligatory for me given the PBMs privileged position, b) my time in complying with the "prior authorization request" is worth something more than nothing.

This would only be suitable for class action status if every doctor in the suit was following evidence based medical principles, and giving appropriate consideration to patient safety first and of cost of the medications second when prescibing medications. When those conditions are met PBMs have nowhere to hide.

This is a critical time for doctors in the U.S. If we do not stand up as patient advocates and resist greed and corruption, then we have little chance of transforming health BUSINESS back to health CARE. We are all ambassadors for a sacred profession. It remains sacred only if we permit our thoughts and actions to preserve it as such. We have more science and technology to draw from than any generation of doctors that have preceded us, and that is a priceless gift we can share with our patients. In the 2000 report of the WHO, the U.S. ranked 37th among 193 member nations in quality of health care, but first in cost per capita. It is our fault to unless we work individually and together to mend a broken system.

G.G., MD, FACP

 

More details and comments at Sermo

 

 

 

"You never change things by fighting the existing reality. To change something build a new model that makes the existing model obsolete"
- Buckminster Fuller

 

 

Page last modified 17:21, 14 Aug 2008 by roates
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