Little Squares

Jorge and the Bronx Yankees

2012-02-15T07:36:00.001-08:00

I may have a piece published soon about my experiences treating a patient (his real name is not Jorge) while I was in the Bronx. Yes it involves the Yankees, and green space, and parks or the lack thereof.

Stay Tuned!

Infographics on Physician-Industry Ties

2011-06-27T04:29:00.001-07:00

Check it out.

Sad News

2011-06-24T06:25:00.000-07:00

The Supreme Court ruled against the Vermont data-mining law today. This was exactly what I was expecting, but it's still a disappointment.

The AG in Vermont claims this isn't the end:

Sorrell says the challenge now will be to continue to work to protect medical privacy and reduce health care costs without violating the Supreme Court's ruling. He calls it a step back, but not the end of the story.

Hard to see how the story has a happy ending though....

(If you're a doctor, go to this opt-out page to keep the AMA from selling your personal health information)

Early Returns Unfavorable

2011-04-26T11:39:00.000-07:00

The AP reporter who watched the oral arguments doesn't seem to think the law has good chances.

Vermont v IMS Health

2011-04-26T11:37:00.000-07:00

Oral arguments on the first data-mining case to reach the U.S. Supreme Court are being heard today.

I thought there might be a way to listen to the actual arguments live, but that doesn't seem to be the case. (Ridiculous in the 21st century, I say, if we claim to be trying to keep citizens engaged.)

But transcripts are put online pretty quickly. Here's a site I've found:

http://www.supremecourt.gov/oral_arguments/argument_transcripts.aspx

2011-04-04T20:17:00.000-07:00

I gave a talk on data-mining at the Left Forum a few weeks ago. Most of the audience had never heard of data-mining. They were absolutely shocked that this existed. One of the questions after my talk was literally, "But they can't really have ALL that information, right?" And I had to say, Um, No, they do have all of it.

Oral arguments are April 26.

The Supremes

2011-01-21T05:48:00.000-08:00

I guess I should blow the dust off this blog and kick the tires. The Supreme Court just agreed to hear the initial datamining case:

The justices agreed to review a data mining law adopted in 2007 in Vermont that prevented the sale, transmission or use of prescriber-identifiable information for marketing a prescription drug unless the prescribing doctor consented.

So I'll try to post a little more often as this develops. NPA may try to write an amicus brief, and certainly there will be opportunities for advocacy and press.

out of the office reply

2009-07-19T22:29:00.003-07:00

i'll be over here for the next month: whougandabelieve.blogspot.com

Data Mining's Decline

2009-07-01T00:11:00.000-07:00

The Supreme Court decided not to hear the appeal of the New Hampshire data-mining law.

This should be a kick in the pants for legislators in states like New York: put effort into a solid ban on prescription data-mining, there's no chance now that it'll get overturned.

Of course, legislators in New York have plenty of kicks in their pants these days.

Massachusetts prescription law

2009-03-16T18:30:00.000-07:00

Beantown? More like, Thanks for the offer of free beans mr. drug rep but no thanks town!

And by that I mean: Massachusetts is trying to get their anti-prescription-data-mining grooooove on!

Which can obviously be translated into: the home of Paul Revere is making a good faith effort to limit the marketing influence of pharmaceutical companies on physicians. You can see the entire bill here. But as they say in blogging and other sleazy industries, here's the money graf:

G. Before utilizing health care practitioner prescriber data for marketing purposes, manufacturers must give health care practitioners the opportunity to request that their prescriber data :
i. be withheld from company sales representatives, and
ii. not be used for marketing purposes.

H. Nothing in this section shall prohibit pharmaceutical manufacturing companies from using prescriber data to:
i. impart important safety and risk information to prescribers of a particular drug or device;
ii. conduct research;
iii. comply with FDA mandated risk management plans that require manufacturers to identify and interact with health care practitioners who prescribe certain drugs or devices; or
iv. track adverse events of marketed dugs, biologics or devices.

At first glance it looks great. I'm reading section G, and I'm seeing that Pfizer has to come to me and ask my permission before using my prescription data. It's sounding good.

But I stroll over to section H, and now Pfizer is allowed to use my prescription data, to "impart safety and risk information."

Now, I don't want to offend anyone by impuning the integrity of pharmaceutical companies. But wouldn't Pfizer argue that all those free lunches and dinners are "impart[ing] safety and risk information"?

By which I mean to say: can't they continue to operate exactly as they have been?

Sure, I get it, that's not how the law was intended. But I have a feeling that the lawyers who work for Eli Lilly are going to choose to interpret this law in a way that let's them do exactly what they've always done.....

Thanks for the anecdote, Tara!

2009-03-02T19:39:00.000-08:00

Here's the opening graf of a recent New York Times piece on health.

Recently, I went to the drugstore to fill a prescription. Instead, I left with a costly lesson in health care economics.

At the checkout, I was surprised when the clerk billed me for $100 instead of my usual small co-payment. It was only then that I realized my doctor had traded me up to a costly branded migraine drug, even though the old drug had worked just fine. And I had allowed it.

This article has nothing to do with prescription data-mining. At least it thinks it doesn't. The writer seems blissfully unaware of drug reps, and their ability to find out every detail of a physician's prescribing habits. Hence the title of the article, "A Hurdle for Health Reform: Patients and Their Doctors".

But please, Ms. Tara Parker-Pope, tell us how your doctor made the decision to switch from the cheap generic to the expensive brand name? Why did she decide you needed a more expensive drug when the old one was working just fine?

Odds are, the pharmaceutical industry got to Ms. Parker-Pope's doctor somehow. A free lunch, a free mug, a few note pads at a medical conference. And suddenly the catchy brand name was stuck in her head.

Did this doctor think she was hurting anyone by switching to a "newer" and "better" medicine? Quite the opposite. And yet the doctor ended up saddling a poor underpaid NYT blogger with a fat co-pay she can't afford.

We doctors have to stop pretending that medicine and money aren't intertwined. And that free gifts from pharmaceutical reps don't affect us.

NY Prescription Data-Mining Bill

2009-03-02T16:22:00.001-08:00

I know you're excited. It's here.

Pushing from one side, pulling from the other

2009-01-26T08:50:00.001-08:00

The main thrust of this blog is prescription data-mining: the way pharmaceutical companies can buy the prescribing habits of any doctor, and know exactly how many prescriptions she's written for every drug.

One of the reasons this is problematic is that drug reps can then ply doctors with various incentives, like food and entertainment, and monitor see if it's having an effect on how many prescriptions they write. Doctors who are susceptible get more goodies. Doctors who aren't get kicked off the gravy train. An unspoken quid pro quo develops between doctor and drug rep.

Banning the prescription data-mining that lets drug companies profile doctors in this way is an important part of fixing the problem. But a devoted group of advocates is working from the other side. And by the other side, I mean the "goodies" side.

Last week's New England Journal of Medicine perspective discussed the movement toward online disclosure of payments, gifts and consulting fees to physicians.

They appropriately lauded the bills at the state and federal level that would bring transparency to physician-industry relationships.

One problem is that most of these regulations are targeted at big-time payments, in the range of thousands. Gifts in the smaller range (less than $100 in the federal law, and less than $50 in the Massachusetts law) don't have to be reported at all.

This means that a drug rep can buy you dinner three times a week, and it won't have to appear on any online disclosure website.

Obviously, disclosure of big consulting fees is essential. But let's find a way to report the small gifts too. Pressure can be applied with a hundred tiny pushes as well as one giant shove.

More research on prescription costs

2009-01-26T08:13:00.000-08:00

There's a recent NYT article on the issue of prescription drug costs. The article discusses a recent study by the Center for Studying Health System Change, which showed that over the past 5 years the number of people who couldn't afford their drugs jumped by 30%.

The increase in affordability problems likely stemmed from higher prescribing rates, drug prices that are rising faster than workers’ earnings, higher patient cost sharing in private insurance and the introduction of expensive new medications.

So there are all these new expensive medications, and doctors are prescribing them a lot, and people can't afford them. But hmm....maybe some of these medications aren't really necessary. Maybe some of them have cheaper generic alternatives that work just as well.

So people aren't taking all their medicines, but those medications aren't necessarily ones they need. They do need SOME kind of medicine for that hypertension or high cholesterol, but it doesn't have to be the fancy new model, all shiny and fresh from the show room.

The problem is, patients don't always know when they can switch to a generic drug. So if they can't afford the fancy new medicine, they just take nothing. Which is a real tragedy, because for just about every real medical problem that exists, there's at least one cheap medicine out there.

Let it not be said that this is an anti-Pharma blog. It's just as much an anti-physician blog. I myself am a physician, and I too find those catchy brand names popping into my head when I'm considering which statin to prescribe, or how to treat neuropathic pain. On a busy day in the clinic, it's easy to prescribe the drug that pops into your head, rather than taking the time to think about whether the patient can afford it.

Which is why doctors need to give ourselves space from Pharma, so we have the room to make the right decisions for the right reasons.

Hello

2009-01-11T18:18:00.000-08:00

Well, I guess a few people may start reading this, so I should start to write things that are interesting to others and not just myself. Really, I've been using this blog as a storage space for the many websites about prescription privacy that I want to follow.

If you are reading this, and you know of a resource that I don't have listed somewhere in the columns to the right, please let me know. Like in a comments section someplace I guess.

Bill Maher on Pharma

2009-01-05T20:30:00.001-08:00

He doesn't say it directly, but I don't think Bill would have warm fuzzies about prescription data-mining....

Drug Rep Toy Blog

2009-01-05T20:24:00.000-08:00

It's pretty self-explanatory: photos of interesting drug rep toys. He puts the best toy at the top of the blog.

I was going to write something like "let's just think a little about the costs, and who they get passed on to." But ugh, I hate being a wet blanket.

She Doth Protest Too Much

2009-01-02T20:26:00.001-08:00

Here's a fascinatingly transparent display of spin-doctoring from Pharma. This comes from one of the senior vice-presidents who was asked during a recent press conference about the new industry code prohibiting trinkets with logos on them:

“We have never said and would never say that a pharmaceutical pen or notebook has influenced any prescription,” Ms. Bieri said.

Really? You spent $6 billion on these trinkets without thinking they would influence ANY prescription?

I think she goes too far. Everyone knows that drug companies want doctors to prescribe their products, and that's no secret. The ultimate goal of the tens of billions spent on marketing every year is, despite what Ms. Bieri says, to in some way 'influence prescriptions'.

The point of marketing, in any business, is to increase sales. And in the pharmaceutical business, sales can only be increased by way of doctors' prescriptions. So yes, all those pens were meant to influence prescriptions. But that's not such a surprise.

I'm more surprised, in fact, that PhRMA felt the need to so strenuously deny this somewhat ordinary truth.

The drug companies will market to us in every way we let them. So let's choose how we let them do it, and not just allow them to decide.

No Free Pens

2009-01-02T19:34:00.000-08:00

There's a great article in the last NYT of 2008 about the new "restrictions" that the pharmaceutical industry is imposing on itself. No mugs, no pens, no trinkety free goodies.

Sounds great, right? Pharma is policing itself.

Well, first of all, these restrictions are all voluntary, which means no penalty for breaking the rules. Which is one reason we have laws.

Then, if we read a little further, the fine print comes, down in grafs eleven and fourteen:

The guidelines, for example, still permit drug makers to underwrite free lunches for doctors and their staffs or to sponsor dinners for doctors at restaurants, as long as the meals are accompanied by educational presentations.

The industry code also permits drug makers to pay doctors as consultants “based on fair market value” — which critics say means that companies can continue to pay individual doctors tens of thousands of dollars or more a year.

Cutting out the pens but leaving the rest is like going on a diet where you only eat Big Macs. They've cut out the cheapest and least effective part of their marketing campaigns, while doing nothing about the most expensive and deviously influential elements.

Drug reps can still buy lunches for doctors in their offices; they can still take docs out to dinners, as long as there is some educational component. (I went on one of these "educational dinners" long ago... the talk lasted 5 minutes and then we ate for two hours...) Also, the companies can still pay "consulting fees" that generally run in the tens of thousands.

Some of these consultancies are real. But do you think most of the doctors who receive these consulting payments would continue to get them if those doctors banned drug reps from their offices, banned all lunches and dinners, and stopped prescribing the manufacturer's drug?

Which leads me to the main point of this blog: drug companies should not be allowed to track in precise detail exactly which doctors are prescribing their medicines. They can know the rough outlines --- by zip code, for example --- but allowing them to buy databases with the exact number of prescriptions each doctor has given out for each medicine. . . . there's too much potential for an unspoken quid pro quo to exist between doctors and drug reps.

I am heartened by one aspect of this: the fact that Pharma is imposing these restrictions voluntarily means that they see the writing on the wall. They are trying desperately to prevent the kinds of laws that New Hampshire passed from spreading across the country. They want to give opponents of reform some ammunition, something to let them point to and say "See? The drug companies have cleaned up their act! Everything is fine now!"

Except in four or five years, when we're paying attention to something else, the pens and mugs will come creeping back. They'll come back slowly, a trickle at a time, without the big press release and glowing article in the New York Times.

The time has come to reject the hidden intrusion of Pharma into our lives. Prescriptions belong to doctors and patients, no one else.

Introduction

2008-12-30T18:40:00.000-08:00

The purpose of this blog is twofold: 1) to provide a place to share with interested readers the latest information about the effort to pass prescription privacy laws in New York similar to those upheld in New Hampshire, Vermont and Maine, and 2) for me to keep track of 1).

You know how it is: you see an interesting link on the internet, you click on it, you're interested, you're reading, and then you find ANOTHER link and you click on it, and off you go gliding across the internet, pushed forward as though by the crest of an ocean wave.

And most of what you read is brain candy, space filler. You smile like an infant and the hours go by. But later you think about that one truly interesting link you read --- about a small band of dedicated physicians' efforts to pass prescription privacy legislation in New York State --- and you think, where did I read that? But it's too late, you surfed past it, you're on the shore, the breakers are crashing one after another and they all look indistinguishable.

So that's what this blog is for. Separating the breakers. Plucking out the stuff that might have to do with prescription privacy and contextualizing it. The internet is our hard drive, let's be honest, that's what we use it for. So on the gigantic hard drive labeled "C:THE WORLD", this blog is in a folder labeled "Health > Medicine > Public Policy > Private Health Information > Prescription Data > New York State"

Ah, that feels better. Nothing like slapping a yellow sticky on your forehead to give you a sense of purpose and direction.