March, 03 2009, 01:00pm EDT
Transparency Fight Over CVS Caremark Contracting Practices Escalates With Lawsuit for Release of Univ. Drug Benefit Contract
Change to Win, Public Citizen Seek Records From Michigan School to Shine Light On Prescription Drug Costs, Increase Transparency in Government Spending
WASHINGTON
Change to Win today sued Ferris State University, seeking the
release of a government contract between the university and CVS
Caremark, a pharmacy benefit management (PBM) company, among other
documents. Change to Win is represented by Margaret Kwoka, an attorney
at Public Citizen, a nonprofit organization with a history of fighting
for government transparency, and by attorney Ted Iorio of the Michigan
firm Kalniz, Iorio & Feldstein. The case was brought under the
Michigan Freedom of Information Act (FOIA) in Mecosta County Circuit
Court.
"CVS Caremark's lack of transparency is driving up prescription
drug costs for consumers and health plans alike," said Chris Chafe,
executive director of Change to Win. "Michigan law protects the
people's right to know, in this case, what CVS Caremark is charging the
university for prescription drug benefits, but also what compensation
CVS Caremark may be receiving in the form of undisclosed agreements
with drug manufacturers and pharmacies at taxpayers' expense."
Change to Win filed the suit after Ferris State University, a public
college based in Big Rapids, Mich., partially denied a request for a
copy of the CVS Caremark contract. The school released part of the
contract but refused to release key portions such as pricing
information. Public Citizen and Change to Win assert that the redacted
information, such as prices, should also be disclosed. Change to Win is
engaged in an effort to increase the public accountability and
transparency of drug middlemen, such as CVS Caremark, to allow for
public scrutiny of drug benefits and drug pricing practices.
CVS Caremark Resists Transparency
CVS Caremark is enormously resistant to transparency. The company
has taken extraordinary measures to prevent greater disclosure of its
practices, including allegedly interfering with audits by its clients,
opting out of contract opportunities to avoid greater disclosure and
vigorously opposing legislative and other measures to increase
transparency in the PBM industry. Last year, CVS Caremark sued the
Texas Attorney General to prevent disclosure of a public contract in
Texas but dropped its suit on the day of trial last September. The
contract has since been made public. A recent study by the Texas State
Auditor's Office found that CVS Caremark's prices were significantly
higher than some competing PBMs, and called on Texas agencies to
educate themselves about PBM contracting practices before entering into
drug benefit contracts.
"Ferris State University is unlawfully withholding information about
its contract with CVS Caremark," said Kwoka. "Under Michigan law, the
full contract, including the prices, should have been released to our
client. Michigan FOIA law does not allow the university to withhold
information such as prices that are a necessary part of the terms of a
government contract. This suit will ensure that Michigan FOIA laws
serve the purposes they were meant to, permitting public scrutiny of
government practices such as contracting."
Right to Know in Michigan
Under well-established Michigan law, the people have a right to know
how government spends tax dollars through government contracts. The
Michigan FOIA provides that information submitted to gain a government
contract or other governmental benefit must be released upon public
request. The law reflects the public interest in the public
availability of basic information that allows for citizen debate and
oversight regarding the expenditure of government funds.
CVS Caremark is the country's second-largest PBM and has contracts
with many state entities across the country, including several in
Michigan. In 2005, the University of Michigan stopped contracting with
Caremark, citing concerns that its pricing practices were not
transparent. Many PBM contracts with government agencies, including
several Caremark contracts, have been made public in Michigan and other
states under Freedom of Information laws.
Public Citizen is representing Change to Win as part of its Public Interest FOIA Clinic,
which was launched last year and is designed to give comprehensive
assistance to other nonprofit organizations seeking government-held
information. Through the clinic, Public Citizen provides direct FOIA
litigation assistance to public interest organizations. Public Citizen
lawyers also collect and analyze information about recent FOIA
litigation conducted by public interest organizations to identify and
address common FOIA problems.
For backgroundand more information, visit: www.AlarmedAboutCVSCaremark.org.
To read the lawsuit, go to: https://www.citizen.org/documents/ferrisstatefoiacomplaint.pdf
Alarmed About CVS Caremark is a Change to Win initiative to
educate health plan managers and trustees as well as consumers about
the newly merged CVS Caremark, now the country's second largest
pharmacy benefits manager (PBM) and largest retail pharmacy chain.
Change to Win represents workers in CVS Caremark plans that cover more
than 10 million people. On behalf of these health plan members, the
initiative seeks reform of the PBM industry to protect plan members'
health and privacy.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
(202) 588-1000LATEST NEWS
'We Cannot Let the Warmongers Win': US Progressives Reject Calls for Attack on Iran
"We must resist the U.S. becoming embroiled in another costly conflict abroad," said U.S. Rep. Barbara Lee.
Apr 15, 2024
Progressives in the U.S. Congress on Sunday urged the Biden administration to resist calls for an attack on Iran following the country's
retaliation against Israel for the deadly bombing of Tehran's consulate in Syria earlier this month.
The hawkish rhetoric came from both sides of the political aisle in the U.S.—Israel's main ally and weapons supplier.
U.S. Rep. Ritchie Torres (D-N.Y.), one of Congress' most fervent supporters of Israel's war on Gaza, claimed Iran is "the single most destabilizing force in the Middle East" and "must be held accountable for the aggression it has long shown toward Israel not only directly but also indirectly through proxies like Hezbollah, Hamas, and the Houthis."
U.S. Sen. Marsha Blackburn (R-Tenn.), directing her message at President Joe Biden, was more explicit in demanding an immediate military response from the U.S.
"We must move quickly and launch aggressive retaliatory strikes on Iran," Blackburn wrote on social media.
The number two Republican in the U.S. House, Rep. Steve Scalise (R-La.),
said Saturday that the chamber would "move from its previously announced legislative schedule next week to instead consider legislation that supports our ally Israel and holds Iran and its terrorist proxies accountable."
"The House of Representatives stands strongly with Israel, and there must be consequences for this unprovoked attack," Scalise added. "More details on the legislative items to be considered will be forthcoming."
"As leaders in Washington jump to call for war with Iran and rush additional offensive weapons to the Israeli military, we need to exercise restraint and use every diplomatic tool to de-escalate tensions."
Iran's launch of hundreds of drones and missiles on Saturday marked its first direct assault on Israel, which has repeatedly engaged in covert attacks inside Iranian territory. On April 1, Israel bombed Iran's consulate in the Syrian capital, killing diplomats and a senior Islamic Revolutionary Guard Corps commander.
Iran said its retaliatory firing of missiles and drones—most of which were intercepted—was in line with international law. One person, a seven-year-old girl, was seriously injured in the attack.
Israeli officials immediately vowed revenge, a pledge that intensified global calls for restraint to prevent the regional war in the Middle East from spiraling further out of control.
As
The Intercept's Ken Klippenstein and Daniel Boguslaw noted Sunday, the conflict "now involves at least 16 different countries," including the U.S., which "flew aircraft and launched air defense missiles from at least eight countries, while Iran and its proxies fired weapons from Iraq, Syria, and Yemen."
U.S. Rep. Cori Bush (D-Mo.), a vocal supporter of a cease-fire in Gaza, issued a statement Sunday condemning both Israel's attack on Iran's consulate and Tehran's response, which she said "threaten civilian lives and regional war."
"I also condemn the calls by members of Congress and others to initiate war with Iran; to do so without congressional authorization is blatantly unconstitutional," Bush said. "We cannot let the warmongers win; our country and our world are calling for restraint, de-escalation, a lasting cease-fire, and diplomacy. Our government must listen. That is how we save lives."
Bush urged the Biden administration to "take immediate steps, including at the U.N. Security Council and G7, to de-escalate and facilitate an immediate, lasting cease-fire in the region."
U.S. Rep. Barbara Lee (D-Calif.), the lone congressional no vote against the war in Afghanistan, similarly called on the Biden administration to "lead efforts toward de-escalation, diplomacy, and securing a permanent cease-fire in Gaza."
"We must resist the U.S. becoming embroiled in another costly conflict abroad, but rather lead toward peace and security in the region," Lee added.
Axiosreported Sunday that Biden told Israeli Prime Minister Benjamin Netanyahu directly that the U.S. would not "support any Israeli counterattack against Iran." An unnamed official told the outlet that "when Biden told Netanyahu that the U.S. will not participate in any offensive operations against Iran and will not support such operations, Netanyahu said he understood."
Echoing her progressive colleagues, U.S. Rep. Ilhan Omar (D-Minn.)
said Sunday that "as leaders in Washington jump to call for war with Iran and rush additional offensive weapons to the Israeli military, we need to exercise restraint and use every diplomatic tool to de-escalate tensions."
"Civilians in not only Gaza, Israel, the West Bank, and Iran but also Lebanon, Syria, Iraq, and Yemen are bearing the brunt of this escalation, and there must be a cease-fire on all sides," said Omar. "I will continue to call for de-escalation, restraint, and lasting peace."
Keep ReadingShow Less
UK Youth, Experts Occupy Coal-Sponsored Science Museum Gallery
"Why on Earth are we allowing a destructive industry to sponsor an educational exhibition whilst simultaneously setting fire to young people's futures?" asked Chris Packham.
Apr 14, 2024
A few dozen protesters from Youth Action for Climate Justice and Scientists for Extinction Rebellion this weekend occupied a new climate gallery at the Science Museum in London that is sponsored by the Indian coal and weapons giant Adani.
"To have a coal company sponsoring an exhibition on the future of energy is blatantly deceiving," Anya, a young person who occupied the Energy Revolution gallery, said in a statement. "Through this sponsorship deal, the Science Museum is helping Adani attach itself to the image of a positive and sustainable future when in reality it is a coal giant, weapons manufacturer, and genocide supporter. It's plain wrong for the Science Museum to be deceiving visitors, including young people like me, when it comes to the climate crisis."
The occupation came after over 150 people protested at the museum shortly before the gallery's opening last month. In response, an Adani representative claimed that the sponsorship—which has been condemned by climate action advocates since it was announced three years ago—was part of the company's effort to participate in the global energy transition. Ian Blatchford, director and chief executive of the Science Museum Group, defended the firm's involvement.
However, their comments didn't satisfy critics who participated in the weekend occupation. As Real Mediareported:
On Friday evening the activists smuggled in balloons and black paper which they used to create a large art piece—a mound of black coal—in the centre of the gallery. Their plan was to interact with the public on Saturday after their first night of occupation, including a People's Assembly to discuss the controversial sponsorship in the afternoon.
Police were called, but no arrests were made. However, perhaps embarrassed by the presence of the protest and their message about the climate-wrecking sponsors, the museum decided to prevent access to the gallery for the whole of Saturday, although supporters did come with more banners which they held near the entrance.
The protesters remained in the museum overnight on Saturday and ended their action on Sunday.
"It's not just Adani's brand that the Science Museum is greenwashing, they're also allowing the oil and gas giants BP and Equinor to sponsor their exhibits, disregarding the fact that these companies continue to expand fossil fuel production against the warnings of climate scientists," noted Aaron Thierry, one of the scientists who occupied the gallery.
"The latest science has shown we must leave the majority of fossil fuels unburned to prevent catastrophic changes to our climate," Thierry stressed. "That an institution like the Science Museum is working with such rouge companies is a disgrace. The museum's management needs to follow the example of Britain's other leading cultural institutions and drop all ties to the fossil fuel industry."
The young people and scientists were joined by naturalist and television presenter Chris Packham, who gave a speech Friday night.
"For me, science is the art of understanding truth and beauty and a lot of that beauty lies in the natural world. Science tells us that the fossil fuel industry is responsible for the accelerating destruction of our natural world," said Packham. "The Science Museum is a place to spark imagination, to provide answers but also to encourage us to ask questions."
"The question I'm asking today is a big one, 'Why on Earth are we allowing a destructive industry to sponsor an educational exhibition whilst simultaneously setting fire to young people's futures?'" he continued. "This is beyond greenwash—it's grotesque."
Packham emphasized that "we urgently need an 'Energy Revolution' to steer us away from the course of planetary destruction on which we are heading. We need a rapid, just transition to renewables—that revolution means an end to coal, and starts with the young people and scientists occupying this space this evening. Science tells us the truth, and the truth is that we must change."
Keep ReadingShow Less
Calls for De-Escalation Mount as Israel Plans to 'Exact a Price From Iran'
"Now is the time for restraint and diplomacy, not more unconditional support for military escalation," said one advocate.
Apr 14, 2024
Since Iran on Saturday sent hundreds of drones and missiles—which were mostly shot down—toward Israel to retaliate for an Israeli bombing of the Iranian consulate in Syria, anti-war voices around the world have called for de-escalation efforts.
"We are deeply concerned that Iranian retaliatory strikes following Israel's April 1 attack on its diplomatic compound in Damascus will move the region even further from the path to peace and security," said Jamal Abdi, president of the National Iranian American Council. "The launch of a significant attack on Israeli territory from Iran is without recent precedent and, unless there is a serious effort towards deconfliction, may confirm that Iran, Israel, and the United States are in the midst of the regional war that so many have feared."
"We call on the Biden administration to exercise the United States' considerable diplomatic leverage to restrain Israel and Iran to ensure this conflict does not spiral further out of control," he continued. "Far too many innocents have already suffered in the war that began October 7, and the cycle of violence and inhumanity must be broken."
"What's at stake is nothing less than stopping a regionwide war in the Middle East, which the United States would surely be drawn into."
Israeli Prime Minister Benjamin Netanyahu responded to the Hamas-led October 7 attack on Israel with an assault of the Gaza Strip called plausibly genocidal by the International Court of Justice. Israeli forces have killed at least 33,729 people, wounded 76,371 more, and obliterated civilian infrastructure, displacing most of the 2.3 million Palestinians who live in the besieged enclave.
Blasting Iran's Saturday attack on Israel as "another unacceptable turn in a dangerous escalation spiral," Win Without War executive director Sara Haghdoosti said that and U.S. President Joe Biden and senior administration officials "must use all their diplomatic heft and leverage to prevent further violence."
"What's at stake is nothing less than stopping a regionwide war in the Middle East, which the United States would surely be drawn into. There are no military solutions to this crisis—only diplomatic ones," she stressed. "The Israeli government's destructive and failing campaign in Gaza has driven violent instability throughout the Middle East, which was further exacerbated by Prime Minister Netanyahu's reckless attack on the Iranian embassy in Damascus. And the Iranian government's own inexcusable retaliation, which we utterly condemn, has put the lives of people across the region—including communities in Israel, Palestine, Lebanon, Syria, and Iran—at terrible risk."
While repeatedly urging the the Israel Defense Forces to more precisely target militants in Gaza over the past six months, the Biden administration has also opposed multiple United Nations cease-fire resolution and sent more weapons to Israeli troops while pushing for a support package worth more than $14 billion—on top of the $3.8 billion in annual military aid that the United States gives to Netanyahu's government.
"Preventing a regional war must be the top imperative and this may mean that Joe Biden must finally say 'no' to Israel and Netanyahu," argued Abdi. "Biden's bearhug approach towards Israel has completely failed and has put the U.S. at the risk of entering a war of choice—Netanyahu's choice. Israel launched a military attack on a diplomatic compound, violating international law and all but guaranteeing an Iranian response."
"Netanyahu appears eager to extend and expand the disastrous war in Gaza and draw the U.S. into a regional war and, by continually abetting the war and enabling Israel's worst instincts, Biden may have granted Netanyahu's wish," he said. "Now is the time for restraint and diplomacy, not more unconditional support for military escalation. President Biden must put his foot down to do what's necessary to prevent further military engagement between Israel and Iran and to demand a cease-fire to end the humanitarian tragedy in Gaza."
Israel this weekend fended off most of the Iranian drones and missiles with help from Jordan, the United Kingdom, and the United States. Benny Gantz—a member of the Israeli War Cabinet with Netanyahu and Defense Minister Yoav Gallant—said Sunday that his nation now intends to "build a regional coalition and exact a price from Iran, in a way and at a time that suits us."
Biden publicly reaffirmed "America's ironclad commitment to the security of Israel" but a White House official also confirmed to Reuters that during a call with Netanyahu, the president made clear the U.S. will not join any military offensives against Iran.
Denouncing the Iranian Islamic Revolutionary Guard Corps' retaliation against Israel, Center for International Policy president and CEO Nancy Okail said Sunday that "escalatory actions by both countries threaten to fan the flames of conflict throughout the region, endangering the lives of millions."
"We appreciate the apparent advance diplomatic efforts by the United States and others behind the scenes—as well U.S., U.K., and Jordanian participation in air defense measures—to minimize the impact of Iran's attack," she continued. "Prioritizing civilian protection and de-escalation was clearly the right approach and should continue to serve as the international community's objectives in the critical days and weeks ahead."
Okail emphasized that "achieving those goals requires not only arresting the escalation of violence between Israel and Iran, but securing a cease-fire in Gaza that halts the killing of civilians, releases the hostages, allows vital humanitarian aid to actually reach those who need it, and lowers tensions in the region. The continued unconditional supply to the Netanyahu government of the arms it is using in Gaza undermines those objectives, as well as U.S. and international law."
"Netanyahu's repeated disregard of U.S. red lines in Gaza, moves to deepen permanent occupation in the Palestinian territory, and escalation with Iran are destabilizing the entire region," she added. "With American forces already drawn into hostilities with the Iranian-backed Houthis and actively engaging Iranian missiles and drones, President Biden cannot afford to let the extremist prime minister continue to have a harmful, undue influence on the course of events. Hopefully, the president's efforts have averted a wider regional war with Iran; we urge him to bring that same level of effort to save the people of Gaza."
Trita Parsi, an expert on Iran and the Middle East and EVP at the Quincy Institute for Responsible Statecraft, said that "if you give Biden (deservingly) credit for having helped prevent the region from falling off the cliff last night, you must also give him credit for helping bring the region to the edge of the cliff in the first place by refusing to restrain Israel and blocking a cease-fire."
Keep ReadingShow Less
Most Popular