The Arizona Republic
Dec. 8, 2005 12:00 AM
Arizona, along with at least 14 other states including Connecticut, New York, Massachusetts, Nevada and California, is pursuing similar actions against domestic and foreign drug companies. The goal of the suits is to recover damages and force drug companies to change their pricing practices.
Goddard said the drug companies have inflated or misstated the average wholesale price of their prescription drugs, listing prices much higher than what they actually charge some doctors or pharmacies.
When insurers, including the Arizona Health
Care Cost Containment System (the state's
Medicaid program) and Medicare, reimburse
doctors and pharmacies for those drugs, they use
the average wholesale price, in effect paying
hugely inflated prices, sometimes as much as
7,500 percent more than the doctors and
pharmacies paid, according to the suit.
The huge profits for doctors and pharmacies, in
turn, encourage more business for the drug
companies, Goddard said.
"It's a fraud," he said. "Insurance companies
and consumers are being ripped off."
Goddard was careful to note that only physicians
who administer drugs in their offices could be
involved in the inflated pricing scheme. Most
commonly, those are drugs used in chemotherapy
or transplant treatment. According to the suit,
this does not involve hospitals, which purchase
drugs under different pricing guidelines.
Andrea Smiley, spokeswoman for the Arizona
Medical Association, said that "the overwhelming
majority of Arizona physicians do not dispense
drugs from their office; the exceptions would
include oncologists, dermatologists and
sometimes pediatricians."
The profits coming from the jacked-up pricing
can be astronomical.
For instance, Goddard says, Abbott Laboratories
Inc. lists a price of $382.14 for a 1-gram vial
of the antibiotic vancomycin, which is used for
severe infections. But the providers, the
doctors and pharmacies, are charged only $4.98
for the drug, leaving a profit of $377.16, or
7,547 percent. Some drug firms sell the salt
solution sodium chloride to pharmacies and
physicians for about $4, with the average
wholesale price listed at about $670.
The complaint also says that drug manufacturers
provide financial incentives to physicians and
suppliers to stimulate drug sales, such as
volume discounts, rebates and free goods, at the
expense of Medicaid and Medicare. The incentives
were not offered to government or consumers.
Baxter Healthcare Corp. is one of the companies
named in the suit.
"We have not seen this suit, so can't really
comment," spokeswoman Deborah Spak said. "We
have always operated in a lawful and ethical
manner."
Goddard said he doesn't think that many of the
drug companies have been behaving ethically at
all and said, "We want damages."
He said the attorneys general in many states
with whom he has consulted agree that
pharmaceutical firms must "stop inflating drug
prices."
"We want to drive home a lesson," Goddard said.
"There is no transparency in the drug-pricing
situation, and there needs to be. And this sort
of practice has to stop."
Goddard cited research that says Americans pay
174 percent higher drug prices on average than
the rest of the world.