exc

Pallone, Wyden Slam Trump Admin for Excluding Medicaid Providers from COVID-19 Relief Fund

House Energy and Commerce Committee Chairman Frank Pallone Jr. (D-NJ) and Senate Finance Committee Ranking Member Ron Wyden (D-OR) called on the Trump administration to address the lack of financial relief for Medicaid providers fighting the COVID-19 pandemic. The two Committee leaders voiced concerns that, to date, roughly $70 billion has been distributed to health care providers under the CARES Act in a way that discriminates against Medicaid-dependent health care providers. “HHS’s continued neglect for the needs of Medicaid-dependent providers struggling to deal with the COVID-19 crisis is unacceptable,” the members wrote. “The country is in the middle of a pandemic. The Medicaid program is a first responder, and the providers it relies on must be treated with equity. At a bare minimum that should include expeditious access to the [provider fund] as intended by Congress.”  The Provider Relief Fund that Congress created as a part of the CARES Act, within the Public Health and Social Services Emergency Fund (PHSSEF), was intended to support health care providers including those who participate in Medicare and Medicaid. However, to date only Medicare-enrolled providers have been able to access funds, and these funds are being allocated according to a methodology that rewards providers with high levels of privately-insured individuals while providers supporting the safety net are left waiting. This imbalance discriminates against critical health care providers that primarily service the Medicaid population, such as frontline hospitals, nursing homes and home-based providers, behavioral health providers, maternal health care providers and pediatricians. In the letter, sent to Health and Human Services (HHS) Secretary Alex Azar, Pallone and Wyden called on the Trump administration to describe how much funding will go to Medicaid-dependent providers and the steps it has taken to understand the needs of these providers during the pandemic. The full letter is available here. ###




exc

Express Scripts vs. CVS Health: Five Lessons From the 2020 Formulary Exclusions and Some Thoughts on Patient Impact (rerun)

This week, I’m rerunning some popular posts while I prepare for this Friday’s video webinar: Industry Update and COVID-19 Impact: PBMs & Payers.

Today's rerun highlights one of the most effective tactics that PBMs have developed to extract deeper discounts from brand-name drug makers. COVID-19 seems likely shift the U.S. payer mix away from commercial health plans. Expect even tighter formulary management and more restrictions as PBMs work even harder to cut costs for their plan sponsor clients.

Click here to see the original post and comments from January 2020.




For 2020, the two largest pharmacy benefit managers (PBMs)—Express Scripts and the Caremark business of CVS Health—have again increased the number of drugs they have excluded from their standard formularies. The 2020 formulary exclusion lists are available below for your downloading pleasure.

Below, I highlight my key takeaways from the 2020 lists:
  • The number of exclusions
  • Management of specialty drugs
  • Indication-based formularies
  • The slow adoption of biosimilars
  • The PBMs’ patient-unfriendly exclusions in the hepatitis C category
Formulary exclusions have emerged as a powerful tool for PBMs to gain additional negotiating leverage against manufacturers. The prospect of exclusion leads manufacturers to offer deeper rebates to avoid being cut from the formulary. Exclusions are therefore a key factor behind falling brand-name net drug prices.

Read on for a look at this year’s exclusions along with some closing thoughts on what exclusions mean for patients.
Read more »
        




exc

Who’s in and who’s out? ACRO talks Inclusion-Exclusion Criteria

ACRO joins FDA public meeting to discuss trial risks and rationale, benefits and barriers Clinical trials have an enormous number of inter-related,...




exc

‘Excess deaths’ in England among the highest in Europe

English excess deaths from the coronavirus are comparable to the worst hit countries in Europe, according to a Sky News analysis.




exc

Alexion exceeds earnings estimates but drops guidance

US drugmaker Alexion Pharmaceuticals fared better in its revenue and adjusted earnings figures in the…



  • Alexion Pharmaceuticals/Autoimmune Disorders/Biotechnology/Financial/Immunologicals/Management/Rare diseases/Soliris/Strensiq/Ultomiris/USA

exc

B-MS’ quarterly financials exceed estimates

US pharma major Bristol-Myers Squibb saw its revenue reach $10.8 billion in the first quarter of 2020,…



  • Bristol-Myers Squibb/Cardio-vascular/Celgene/Eliquis/Financial/Hematology/Immuno-oncology/Immunologicals/Management/Oncology/Opdivo/Orencia/Pharmaceutical/Pomalyst/Revlimid/USA

exc

Japan grants ‘exceptional’ approval for remdesivir in COVID-19

As had been widely expected, Gilead Sciences on Thursday announced that the Japanese Ministry of Health,…



  • Anti-virals/Asia Pacific/Coronavirus/Focus On/Gilead Sciences/Japan/Pharmaceutical/Regulation/Remdesivir/USA/Veklury

exc

Former Mendenhall, Miss., Police Chief Pleads Guilty to Using Excessive Force

Jimmy “Jimbo” Sullivan, the former chief of police in Mendenhall, Miss., pleaded guilty today to a felony civil rights violation, admitting that he used excessive force when he repeatedly stomped on the head of an arrestee.



  • OPA Press Releases

exc

Former Mendenhall, Mississippi, Police Chief Sentenced for Using Excessive Force

A federal judge today sentenced Jimmy “Jimbo” Sullivan, the former chief of police in Mendenhall, Miss., to 30 months in prison for using excessive force when he repeatedly stomped on the head of an arrestee. At his guilty plea hearing on Jan. 30, 2009, Sullivan admitted that he used excessive force on July 22, 2005, after joining other law enforcement officials in the apprehension of a man who led police on a car chase.



  • OPA Press Releases

exc

Former Tennessee Deputy Sheriff Sentenced for Using Excessive Force

Adam S. Pretti, a former deputy with the Shelby County, Tenn., Sheriff’s Office, was sentenced today in federal court in Memphis to 18 months in prison and two years of supervised release for using excessive force during an encounter with a citizen. Pretti was also ordered to pay a $4,000 fine and a $100 special assessment.



  • OPA Press Releases

exc

Manager of Bogus Foreign Currency Exchange Ponzi Scheme Pleads Guilty to Obstruction of Justice

Teresa Vogt, a resident of Anaheim, Calif., pleaded guilty on Sept. 15, 2009, to one count of obstruction of justice before U.S. District Court Judge Dale S. Fischer in Los Angeles. Vogt and eight co-defendants were indicted in May 2005 on tax fraud, conspiracy, money laundering and other charges related to the operation of the Genesis Fund.



  • OPA Press Releases

exc

Former Memphis Police Officer Convicted of Excessive Force

Isaac White, formerly an officer with the Memphis Police Department, pleaded guilty today to using excessive force and causing bodily injury. White faces up to 10 years in prison for the civil rights violation.



  • OPA Press Releases

exc

Two Former San Juan Municipal Police Officers Sentenced for Using Excessive Force Resulting in Death

Elias Perocier Morales received a sentence of 10 years in prison and Eliezer Rivera Gonzalez received a sentence of six and a half years in prison.



  • OPA Press Releases

exc

Department of Justice Will Not Challenge Hospital Cost Information Exchange Program in California

The department said the proposed information exchange may reduce health care costs by improving competition among hundreds of hospitals in California and facilitating more informed purchasing decisions by group purchasers of health care services.



  • OPA Press Releases

exc

Cheese Manufacturer Sorrento Lactalis to Pay U.S. $315,000 for Exceeding Discharge Levels into Idaho’s Mason Creek

Cheese manufacturer Sorrento Lactalis Inc. will pay the United States a $315,000 penalty for excess discharges in violation of its wastewater permit levels, according to an agreement between the company.



  • OPA Press Releases

exc

Former Memphis Police Officer Pleads Guilty to Using Excessive Force on an Arrestee

Bridges McRae, a former officer with the Memphis Police Department (MPD), pleaded guilty today in federal court to a felony civil rights charge related to the use of excessive force.



  • OPA Press Releases

exc

Former Kershaw County, South Carolina, Sheriff’s Department Officer Found Guilty for Using Excessive Force on Detainee

A federal jury in Columbia, S.C., convicted Oddie Tribble, 51, a former police officer with the Kershaw County, S.C., Sherriff’s Office, of a civil rights violation for his use of excessive force on a man in his custody on Aug. 5, 2010.



  • OPA Press Releases

exc

Justice Department Issues Letter Regarding Illegal Exclusion of Individuals with HIV/AIDS from Occupational Training and State Licensing

The Justice Department has issued letters to the attorneys general of all 50 states, as well as U.S. territories to request their assistance in addressing the illegal exclusion of individuals with HIV/AIDS from occupational training and state licensing.



  • OPA Press Releases

exc

United States and European Union Launch Formal Negotiations for an Agreement to Protect Personal Information Exchanged in the Context of Fighting Crime and Terrorism

A Joint statement on behalf of the United States and the European Union:



  • OPA Press Releases

exc

NASDAQ OMX Group Inc. and IntercontinentalExchange Inc. Abandon Their Proposed Acquisition of NYSE Euronext After Justice Department Threatens Lawsuit

The NASDAQ OMX Group Inc. and IntercontinentalExchange Inc. abandoned their joint bid to acquire NYSE Euronext after the Department of Justice informed the companies that it would file an antitrust lawsuit to block the deal.



  • OPA Press Releases

exc

Former Texas Correctional Officer Pleads Guilty to Using Excessive Force

Raymond Quintero, 33, pleaded guilty to willfully depriving a detainee of his constitutional right to be free from excessive force amounting to punishment.



  • OPA Press Releases

exc

Dolton, Ill., Police Officer Arrested on Federal Civil Rights and Obstruction Charges Involving Alleged Use of Excessive Force

Kevin Fletcher, 34, of Dolton, was indicted on two counts of violating the victims’ civil right to be free from the use of unreasonable force by a person acting under color of law and one count of obstruction of justice.



  • OPA Press Releases

exc

Minnesota Business Owner Pleads Guilty to Federal Excise Tax Crimes and Tax Fraud

Jason W. Leas, a resident of Crookston, Minn., and co-founder of Best Used Trucks of Minnesota Inc., pleaded guilty today to one count of failing to pay federal excise taxes, one count of failing to file a federal excise tax return and one count of filing a false individual federal income tax return for tax year 2007, the Justice Department and Internal Revenue Service (IRS) announced. Leas was charged by information filed on May 29, 2012. He entered his plea of guilty before U.S. District Court Senior Judge Richard H. Kyle in Duluth, Minn.



  • OPA Press Releases

exc

Former New Mexico Sheriff’s Deputy Indicted for Using Excessive Force

A federal grand jury in Albuquerque, N.M., returned a one-count indictment charging former San Juan County, N.M., Sheriff’s Deputy R. Dale Frazier, 56, with unlawfully assaulting a man with a dangerous weapon.



  • OPA Press Releases

exc

Justice Department Settles with Pennsylvania School for $715,000 Over Exclusion of Child with HIV

The Justice Department announced today that it and the AIDS Law Project of Pennsylvania have reached a settlement with the Milton Hershey School of Hershey, Pa., to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves allegations that the school violated the ADA by refusing to consider a child, known by the pseudonym Abraham Smith, for enrollment due to the fact that he has HIV.



  • OPA Press Releases

exc

The Department of Justice and the Securities and Exchange Commission Release FCPA Resource Guide

The Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) today released A Resource Guide to the U.S. Foreign Corrupt Practices Act (the Guide). The 120-page Guide provides a detailed analysis of the U.S. Foreign Corrupt Practices Act (FCPA) and closely examines the DOJ and SEC’s approach to FCPA enforcement.



  • OPA Press Releases

exc

Automotive Electronics Manufacturer Fined $500,000 for Selling Illegal Devices Resulting in Tons of Excess Particulate Matter Emissions

In a settlement with the United States on behalf of the U.S. Environmental Protection Agency, automotive electronics manufacturer Edge Products LLC (Edge) has agreed to pay a $500,000 civil penalty for manufacturing and selling electronic devices that allowed owners of model year 2007 and later diesel pickup trucks to remove emission controls from their vehicles.



  • OPA Press Releases

exc

Former Alabama Officer Indicted for Using Excessive Force

A federal grand jury today indicted a former Town Creek, Ala., police officer for violating an individual’s civil rights during the course of an arrest.



  • OPA Press Releases

exc

Financial Fraud Enforcement Task Force Executive Director Michael J. Bresnick at the Exchequer Club of Washington, D.C.

"When a bank allows its customers, and even its customers’ customers, access to the national banking system, it should endeavor to understand the true nature of the business that it will allow to access the payment system, and the risks posed to consumers and society regarding criminal or other unlawful conduct," said Executive Director Bresnick.




exc

Justice Department Issues Business Review Letter to Intellectual Property Exchange International

The Department of Justice today declined to state its enforcement intentions regarding the implementation of a proposal submitted by IPXI Holdings LLC and its wholly-owned subsidiary Intellectual Property Exchange International Inc. (IPXI) to develop an exchange for the trading of unit license rights (ULRs) to sets of patents.



  • OPA Press Releases

exc

Former North Las Vegas Corrections Officer Indicted on Excessive Force and Obstruction Charges

The Department of Justice today announced that a federal grand jury sitting in Las Vegas has indicted a former North Las Vegas corrections officer on federal civil rights and obstruction of justice charges.



  • OPA Press Releases

exc

United States Files Complaint Against Novartis Pharmaceuticals Corp. for Allegedly Paying Kickbacks to Doctors in Exchange for Prescribing Its Drugs

The Justice Department announced today that the United States has filed a second civil false claims lawsuit against Novartis Pharmaceuticals Corp. involving alleged kickbacks paid by the company to health care providers.



  • OPA Press Releases

exc

Houston Man Sentenced for $20 Million ‘Black Market Peso Exchange’ Scheme

One of the leaders of a criminal conspiracy that laundered more than $20 million through “shell” business bank accounts was sentenced today to 151 months in prison.



  • OPA Press Releases

exc

Attorney General Eric Holder Delivers Remarks at the Leadership Excellence and Achievement Program (LEAP) Graduation Ceremony

It’s a pleasure to stand with you – and to help welcome so many colleagues and distinguished guests to the Great Hall – as we recognize the achievements, and celebrate the contributions, of the 39 accomplished LEAP graduates who make up our Class of 2013.




exc

Former Belen, N.M., Police Department Detective Indicted for Using Excessive Force Against Arrestee

A federal grand jury in Albuquerque, N.M., has returned a one-count indictment charging former Belen Police Department Detective John Lytle with unlawfully assaulting a victim, identified in the indictment as R.A., during an investigative stop and arrest on March 15, 2012.



  • OPA Press Releases

exc

District Court Enters Permanent Injunction Against Pennsylvania-Based Dairy Firms and Individuals to Prevent Distribution of Foods That Contain Excessive Drug Residue

U.S. District Court Judge Kim R. Gibson of the Western District of Pennsylvania has entered a consent decree of permanent injunction against Metzler & Sons LLC and Pleasant View Farms Inc., the Justice Department announced today.



  • OPA Press Releases

exc

Former Okla. Jail Superintendents Convicted of Excessive Force Against Inmates

Today, a federal jury in the U.S. District Court for the Eastern District of Oklahoma in Muskogee, Okla., convicted Raymond A. Barnes, 43, and Christopher A. Brown, 32, the former jail superintendent and assistant jail superintendent, respectively, of the Muskogee County Jail on multiple counts of civil rights offenses related to allegations of excessive force on inmates at MCJ on or between August 2009 and May 2011.



  • OPA Press Releases

exc

Justice Department Seeks Temporary Restraining Order to Stop Ohio Department of Youth Services from Excessively Secluding Boys with Mental Health Needs

Today, the Justice Department sought a federal court order temporarily restraining the Ohio Department of Youth Services (DYS) from unlawfully secluding boys with mental health needs in its juvenile correctional facilities.



  • OPA Press Releases

exc

Webb County Commissioner Charged with Accepting Bribes in Exchange for Official Acts

Kristopher Michael Montemayor, a county commissioner for Precinct 1 of the Webb County Commissioners Court in Texas, was arrested today on charges of bribery.



  • OPA Press Releases

exc

Former Police Officer Convicted of Excessive Force and Obstruction Charges

Today, a federal jury in the U.S. District Court for the District of North Dakota sitting in Bismarck, N.D., convicted Lindrith Tsoodle, 58, of one felony count and one misdemeanor count of using excessive force on persons in his custody in November and December of 2010.



  • OPA Press Releases

exc

Chief of Bull Shoals, Ark., Police Department Arrested for Use of Excessive Force

Daniel Sutterfield, 35, Chief of the Bull Shoals Police Department, was arrested yesterday on charges related to his use of excessive force in the arrest of a Bull Shoals resident and a related false report.



  • OPA Press Releases

exc

Justice Department Honors Crime Victims, Advocates, and Teams for Exceptional Perseverance and Innovation

Deputy Attorney General James M. Cole will preside over the National Crime Victims’ Rights Service Awards ceremony 2 p.m. Wed., April 9, honoring ten individuals and programs for exceptional perseverance and innovation in advancing crime victims’ rights.



  • OPA Press Releases

exc

Justice Department Reaches $60 Million Settlement with Sallie Mae to Resolve Allegations of Charging Military Servicemembers Excessive Rates on Student Loans

The Department of Justice today announced the federal government’s first lawsuit filed against owners and servicers of student loans for violating the rights of servicemembers eligible for benefits and protections under the Servicemembers Civil Relief Act (SCRA).



  • OPA Press Releases

exc

Attorney General Holder Criticizes Excessive Use of Solitary Confinement for Juveniles with Mental Illness

Speaking in a video message posted on the Justice Department’s website, Attorney General Eric Holder on Wednesday called for an end to the excessive use of solitary confinement for youth that suffer from mental illness. Attorney General Holder said the practices can have lasting, substantial effects on young people that could result in self-harm or, in some cases, even suicide.



  • OPA Press Releases

exc

Webb County Commissioner Pleads Guilty to Accepting Bribes in Exchange for Official Actions

Kristopher Michael Montemayor, a county commissioner for Precinct 1 of the Webb County Commissioners Court in Texas, pleaded guilty to bribery today



  • OPA Press Releases

exc

Georgia Police Officials and Former Deputy Indicted by Federal Grand Jury on Charges of Excessive Force and Obstruction of Justice

The Department of Justice announced today that a federal grand jury in the U.S. District Court for the Middle District of Georgia returned indictments charging four law enforcement officers with civil rights violations and obstruction of justice in connection with an incident that occurred at Bainbridge BikeFest in 2012. A seven count indictment was returned charging former Grady County Sheriff’s Deputy Wiley Griffin IV and Decatur County Sheriff’s Office Captain Elizabeth Croley with violating an individual’s civil rights. Additionally, Croley, Decatur County Sheriff’s Deputy Christopher Kines and former Decatur County Sheriff’s Deputy Robert Wade Umbach were charged with obstructive conduct relating to the investigation into the civil rights violation



  • OPA Press Releases

exc

Former Officer Sentenced for Excessive Force and Obstruction Charges

Lindrith Tsoodle, 58, was sentenced today by U.S. District Judge Daniel Hovland to serve 15 months in prison for two incidents in which he used excessive force against an arrestee and for lying to a federal agent



  • OPA Press Releases

exc

U.S. Attorney for the Southern District of New York Finds Pattern and Practice of Excessive Force and Violence at New York City Jails on Rikers Island That Violates the Constitutional Rights of Adolescent Male Inmates

Attorney General Eric Holder and United States Attorney for the Southern District of New York Preet Bharara announced today the completion of the Justice Department’s multi-year civil investigation pursuant to the Civil Rights of Institutionalized Persons Act (“CRIPA”) into the conditions of confinement of adolescent male inmates on Rikers Island. The investigation, which focused on use of force by staff, inmate-on-inmate violence, and use of punitive segregation during the period 2011-2013, concluded that there is a pattern and practice of conduct at Rikers Island that violates the rights of adolescents protected by the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The investigation found that adolescent inmates are not adequately protected from physical harm due to the rampant use of unnecessary and excessive force by New York City Department of Correction (“DOC”) staff and violence inflicted by other inmates



  • OPA Press Releases

exc

Excerpts of Attorney General Eric Holder’s Remarks at a Community College

“The eyes of the nation and the world are watching Ferguson right now. The world is watching because the issues raised by the shooting of Michael Brown predate this incident. This is something that has a history to it and the history simmers beneath the surface in more communities than just Ferguson."




exc

ExcelVite Wins Two Gold Awards: Best Innovation and Best Global Market

In the 8th edition of The Star Outstanding Business Awards (SOBA), ExcelVite has emerged as Gold winner for two award categories–Best Innovation and Best Global Market.