In a report published in the New York Times, the continuing conflict for proper, affordable health care and access to proper medications and treatment is obvious. One of President Obama’s goals–to provide affordable medical coverage to the country’s most underprivileged populations is clearly undermined as the federal government takes sides with the pharmaceutical industry. Â
After what the Times calls a “lengthy internal debate,†Obama’s administration decided that fear would in fact dictate a decision. The issue is complex and disheartening, but revolves around pharmaceutical companies who are consistently overcharging clinics and hospitals for medications that are supposed to be discounted for their impoverished patient loads.
The decision was motivated simply by the fear of legal retribution. Many hospitals, HIV, TB and planned parenthood clinics around the country have counted on discount drug plans to keep their doors open and be able to provide discounted services and medications to the poor populations the serve. Unfortunately, investigations have revealed that pharmaceutical companies have been grossly overcharging these do-good organizations for over 8 years without any legal implications at all. The fear of lawsuits from across the country has the government shaking in their boots, and taking the bully’s side.
The Justice Department is claiming that the federal government alone is allowed to make decisions regarding drug discount laws, and that private lawsuits would “interfere†with their authority.
The law, which started in 1992 under the Public Health Service Act required the secretary of Health and Human Services to work with pharmaceutical companies to determine and sign individual agreements on prices that would be allowed on medications to clinics and other health care organizations that provide care to persistently indigent populations. The drug companies claim that the calculations were “exceedingly complex and difficult,†and said that there was “no correct way to calculate prices.†No doubt they find the correct way to calculate the billions of dollars of revenue they make each year, but when it comes to giving back, its just way too hard.
For a few select counties across the country that have already filed suit, they claim that drug companies are breaching a contract, and that as intended beneficiaries that they may sue. The Justice Department says not so–claiming clinics and regions cannot sue because Congress has never given them the right. The U.S. Court of Appeals in San Francisco sided with the little man in a decision made in 2009–but the Justice Department is crying foul and along with their sidekicks–the drug companies–they are still working to have that ruling reversed.
The multi billion dollar pharmaceutical industry is far from clear-cut. Miles of red tape that is interwoven with politics makes it difficult for a right decision to be made. So unfortunately, no one suffers but the very ones our President claims he is trying to help–the poor, and the un or under insured. Actions speak louder than words Mr. President.