Dave Falk retweeted
My testimony today at the Texas State capital
I’m the co-founder of CostPlusDrugs.com.
We started Cost Plus Drugs because the prescription drug market is too complicated, too opaque and too expensive.
Our model is simple: we show what we pay for a drug, add a transparent markup and pharmacy fee, and show the customer the price.
No games. No hidden spread.
And a large percentage of our customers already have insurance.
They come to us because our cash price is often lower than what their insurance plan asks them to pay.
That tells you something is wrong.
Here are five things Texas can do about it.
1. Let patients shop for cheaper drugs
If someone's insurance says a prescription costs $500, but they can buy the exact same drug for $100 cash, let them buy it for $100.
Then credit that $100 toward their deductible and out-of-pocket maximum wherever Texas has authority to do so.
Patients should be rewarded for saving themselves and their health plan money.
They shouldn't be punished for it.
That's how you create something healthcare desperately needs:
Price competition.
2. Standardize PBM and TPA contracts
Texas should require the state, cities, counties and school districts to use standardized model contracts and mandatory terms for PBMs and TPAs.
I've reviewed these contracts.
They routinely run hundreds of pages.
I've seen contracting packages longer than a thousand pages.
There is no human being—or group of human beings—on this planet who can stay awake and understand every provision in contracts that complicated.
I don't care how much coffee they drink.
I call it contractual terrorism.
The vendor only has to sneak a couple of tricks through hundreds of pages.
The employer has to find every one.
It can't.
I've developed a model PBM contract designed to eliminate the major tricks and hidden economics we've identified.
Texas can have it for free.
Use mine. Improve it. Open source it.
I don't care.
Just stop making every government entity negotiate these contracts from scratch.
3. Make the economics public
If taxpayers are paying the bill, taxpayers should know the price.
Pricing. Fees. Rebates. Guarantees. Pharmacy reimbursement. Affiliate compensation. Audit rights.
Make them public.
I'm not talking about patient information or legitimate security information.
I'm talking about the money.
You cannot have an efficient market without price discovery.
Without price discovery, you get information asymmetry.
And when one side knows dramatically more than the other, guess who wins?
Not taxpayers.
Not employers.
Not patients.
Open the contracts up and let competitors see what they have to beat.
That giant sucking sound you hear will be money moving away from healthcare conglomerates that are too big to care and back toward taxpayers, employers and patients.
In the immortal words of Charles Barkley:
I guarantee it.
4. Kill the gag clauses
PBM contracts are like Fight Club.
The number one rule of Fight Club is that you can't talk about Fight Club.
The number one rule of many PBM contracts seems to be that you can't talk about your PBM contract.
That's insane.
Let employers compare pricing, rebates, fees, guarantees and reimbursement terms.
Markets work better when buyers know what other buyers are paying.
5. Make enforcement hurt
If a healthcare company commits a serious violation, give them one mulligan.
But after a second material federal or Texas enforcement action within a defined period, make them ineligible for new Texas government contracts for a period of time.
Two strikes.
You're out.
Today, some of these companies can make billions, get caught, pay a fine and write it off more easily than I wrote off an NBA fine.
That's not deterrence.
That's a cost of doing business.
And Texas should spend more on enforcement.
If Texas spends $10 million auditing contracts and analyzing claims and prevents $100 million in unnecessary spending, that's not overhead.
That's a 10x return on investmen
Dave Falk retweeted
Soni got some buds together - @bot ,@GeminiApp ,@ChatGPT and @claudeai and I pulled up a chair, and together, along with feedback from some smart people to the contract I posted on LinkedIn , we create what we think is a great open source PBM contract.
This version is designed for a state to use , but can be easily modified for any employer.
Below is a summary of what it does and below that a link to a Google doc
Dave Falk retweeted
Tell me where Claude and I got this wrong
The U.S. doesn't have a drug problem—it has a $360B+ middleman rebate problem.
List prices are inflated just to fund PBM spreads, fees, and retrospective rebates.
A blueprint to fix it: An Open Federal Formulary + Transparent Cost-Plus
Pricing 🧵👇
Dave Falk retweeted
🚨 H.R. 6610 passed committee with overwhelming bipartisan support, 40-2.
One of only two members to vote NO was Rep. Eric Burlison.
Patients, families, and independent pharmacies deserve to know why.
#HR6610 #PBMReform #PatientsOverProfits #truth
Dave Falk retweeted
Thank you @RepMcCormick and to the rest of @HouseOversight who are working to rein in flagrant PBM abuse! @RepAuchincloss @JamesComer you’re giving an entire sector hope and strength to keep fighting this fight 🙏 @TruthRX
Family-owned pharmacies shouldn't be driven out of business by middlemen.
The Pharmacists Fight Back Act is one step closer to becoming law after passing out of the House Oversight Committee. We're fighting to rein in PBM abuses and ensure independent pharmacists can compete on a level playing field.
Dave Falk retweeted
Tricare should be the BEST paying plan in the country. Our service members and their families deserve to have providers competing for their business, not dreading it.
Look, I’m all for saving money and there is no doubt the solutions Mr Reybold would do just that…but let’s not act like Congress is cost-averse.
DoW pays $4,000 for a screw. $900 for a rivet. Don’t you think a service member would appreciate not having the added stress of worrying about their kid’s medicine coming in the mail in time?
An independent Pharmacy Owner forced by a multi billion dollar corporation (pbm) out of NETWORK (under cost reimbursements) to not be able to serve United States service men and women and retirees. Let that sink in. It happened to over 13,000 independent pharmacies.
“...Express Scripts forced us out of the Tricare program.”
👀 Watch NCPA member Micah Lansford testify before the Senate Armed Services Subcommittee:
bit.ly/4hhcPUQ
Dave Falk retweeted
But I think that the core part of the differential IS the dispensing fee (or "flat admin fee") that ESI receives per prescription for mailing out product. If ESI's mailing is worth $17 per prescription, surely my services should be worth more than the $0.00 I was offered.
Great job @Greg_Reybold 💪. @EWarrenMA @SenWarren knows EXACTLY what PBMs are doing to screw independent pharmacies.
We See You Congress!
Gearing up for today's TRICARE Senate hearing at 2:30pm ET. When it comes to advocacy, PUTT & our partner organizations don't back down!
#PBMreform #TRICARE @Commpharmacy @APRxNews
Ditto!
Replying to @Jolleyben
I tried to negotiate the TRICARE agreement and my family's pharmacy also ended up leaving the TRICARE network after receiving this response:
Listen up business owners, you’re being fleeced by your PBM. Go around them, deal directly with your local pharmacy/pharmacys. This is the way to KNOW what your costs are.
Dave Falk retweeted
Florida is not messing around! A large state investigating CVS’s harmful practices will shed some light on these cockroaches! Bring on the transparency, right @puttfla @TruthRX @falk_dave ?
AG James Uthmeier joins Secretary Shevaun Harris in Miami to Announce Investigation into CVS Caremark over Prescription Drug Costs xitter.cf/i/broadcasts/1nxeLLXgZ…
Dave Falk retweeted
POWERFUL: Incoming @TheFPARx President Dr. Aneesh Lakhani shares a firsthand look at how corporate pharmacy middlemen are harming local families and financially strangling local independent pharmacies.
"This is not a business model. What this is is a shakedown, and Florida's patients are paying the price [...] I did not go to pharmacy school to become a middle man's victim."
Dave Falk retweeted
Hey @Aetna @CVSHealthPBM @CVSHealth,
Why do you think a prescription for oxycodone 5mg tablets #20 for post procedural pain is only worth $1.06?
Better believe the patients EOB is going to show a much higher amount billed for that claim than what you paid the pharmacy to dispense it.
Patient will be paying cash.
I don’t give a shit what my pharmacy/PBM contract states- I can sell a 32 count bottle of chewable aspirin for more than a dollar.
Go fuck yourselves. Cheap pieces of shit.
Dave Falk retweeted
Mail-order steering: same drug, same dose. Filled at the retail pharmacy, one price. Filled at the PBM's own mail-order pharmacy, another. The PBM sets both, and writes the rules that nudge your members to the one it owns. Convenience with a markup attached.
Dave Falk retweeted
"You're not in charge of the economics of your healthcare. ... Until you break them up, there is no chance we will improve the quality and cost of care in this country." Big Healthcare owns the PBMs that process 80% of prescription drugs in this country. They own the data processing, the clinics, it goes on and on.
Dave Falk retweeted
The pharmacy fix is so simple. That's how you know the government is in on it. All that's needed is that a PBM cannot pay a pharmacy a different price than what they charge the employer or government. Rite-aid and indys etc. would still be open.
Independent pharmacies are not trying to become smaller versions of big retail chains.
Independents compete through relationships, local trust, accessible care and deep knowledge of the communities they serve. But they are doing that in a market shaped by consolidation, #PBM pressure and increasingly narrow margins.
Supporting independent pharmacy means supporting patient access.
ow.ly/gosY50Z7a9q
Dave Falk retweeted
When everyone—from patients to shareholders—is asking the same questions, maybe it’s time to stop defending the system and start fixing it.
PBM reform isn’t the threat.
The threat is a healthcare business model that profits when transparency is missing.
#PBMReform #truth
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