INGENIOUS! ILLEGAL!
It took me a while to figure this one out, and I'm still not sure I have it 100% correct, so bear with me while I explain it step by step -- as much for my benefit as for yours:
The Drug maker Actelion recently had to pay $360 million to settle a government action alleging that it operated an illegal "kickback" scheme. Check on the New York Times article below:
I spent some time trying to understand this, and have come up with the following:
1) Companies exist to make profits.
2) The simplest way to make a profit is secure a monopoly on the product. That's essentially what drug makers get when they come up with a drug that does what no others can, or does it better. To reward the company's investment of effort and research, our government gives it a temporary patent, and while it lasts the drug maker charges as much for its medicine as it can get away with.
3) But what if there are competing products on the market? The drug maker could collude with its competitors to fix prices -- but that's illegal (though some, as we've shown, are trying it anyway). Or it could offer coupons and other discounts to needy patients, thus blunting the public outrage over the price hikes, while they pass the full cost of the medicine onto the insurer, who then passes it on to us. Thus all is well -- at least in corporate board rooms.
4) But what if that insurer is the Government, and the patient is on Medicare? Government law requires Medicare patients to pay a co-pay, partly to encourage them to choose a less expensive drug, and encourage among drug makers some Competition -- the dreaded"C" word hated by drug makers. Therefore many drug makers have come up with an ingenious plan to donate to "charities" that help with drug payments, which is legal so long as there's no collusion between the drug maker and the "charity", for if any information were shared between them, it could go to swinging business to the drug maker and thus stifle Competition -- that dreaded "C" word again -- one of the main reasons for the co-pay. Actelion however, ignored the law, got and used info from the "charity." Thus, in this scheme, Actelion got its charitable deduction, and got to pass along the full cost of the medicine to the government, which got stuck with the bill. Actelion got to have its cake and eat it, too. Neat, eh?
The government doesn't think so, and has gone after not only Actelion, but many other drug companies, including United Therapeutics (who paid $210 million), and our darling, Pfizer ($24 million). Several others have disclosed they also are under investigation. In the Times, we read that
“Pharmaceutical companies cannot have it both ways — they cannot continue to increase drug prices while engaging in conduct designed to defeat the mechanisms that Congress designed to check such prices and then expect Medicare to pay for the ballooning costs,” Joseph H. Hunt, an assistant attorney general for the Justice Department, said in a news release.
And I say, as I've said previously, that if Single-Payer is to do more than eliminate bureaucratic bloat and the obscene profits of healthcare CEO's, it's going to have to robustly address abuses such as these, together with others that we've detailed on this blog.
Healthcare workers -- including doctors and nurses, and all those assisting, such as those who produce medical devices -- need to be compensated fairly. That should go without saying, but I need to say it here so I won't be misunderstood when I state that the Profit Motive must be completely eliminated from medicine!
Dio
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