Local News Features Our Pharmacist Client and His Fight to Keep Healthcare Choices Available for the Community

Last night, a local news channel featured one of my clients and his on-going battle against a California company that wants to restrict pharmacy benefits in Alabama.  Below is the video clip featured on the news:

So, what is the story here?  Long ago, the Alabama Legislature created an employee benefit plan providing medical benefits to public school teachers.  The plan is commonly referred to as PEEHIP (Public Education Employees' Health Insurance Plan). Its benefits include pharmacy benefits.  The plan is similar to the plans most of us enjoy through our private employers.  However, because there are school teachers throughout our state, the impact of changes to their health plan affects every area of Alabama both urban and rural. 

So, what is the problem?  Alabama law provides certain protections that allow us to go to the pharmacy of our choice for prescription medications.  Our laws also require that pharmacists be paid usual and customary rates.  These are important protections for both the pharmacist and the person having their prescription filled.  For individuals, it means we can choose a pharmacist we know is competent instead of having someone else choose for us.  It also means that we can go to a nearby pharmacy rather than being forced to drive for miles and miles just to get necessary prescriptions.  In rural areas, this is very important since there may not be many nearby options. Even in highly populated areas, the recent tornado disaster provides a valuable lesson concerning the impact of limited access to necessary commodities such as prescription medications.  During that disaster, the only pharmacies open in some areas of our State were those independently and locally owned.  The protections in our laws also insure that pharmacies can compete with each other fairly.  This is the way it is supposed to work.  It is in the best interest of the public.

In 2010, a company known as MedImpact Healthcare Systems hired a new executive whose previous employer was Walmart.  In fact, at Walmart, he had responsibilities over the provision of pharmacy benefits.  Unfortunately, for the school teachers in our State, in 2010 MedImpact also became the administrator of their pharmacy benefits.  As the following news articles relate in stories from Jackson County and Cullman County, this is when MedImpact began providing pharmacy contracts that kept local, independent pharmacies from providing medications under PEEHIP.  Instead, huge chain stores benefited.  MedImpact justifies its current actions in the name of cost savings.  Really?  Does it save costs for teachers in rural areas who cannot easily get their medications?  Does it save costs in the long run when there is no competition left among pharmacies and the few large chain stores have control over the supply, the market, and the price?  What will happen to prices then?  Does it save costs to push local pharmacies with much lower error rates from the market?  Prescription errors result in huge costs. 

With these administrative changes to one of the largest health plans in our State, how are individual pharmacies being treated?  How do payment terms differ between pharmacies?  Since starting its plan to limit pharmacy access in Alabama, MedImpact has never provided any data concerning the claims it has paid various pharmacies.  These are all important, but unanswered, questions.

 

A Reminder From Our Supreme Court Concerning the Procedure Necessary to Make a Claim for Underinsured Motorist Coverage

I have written previously about the problems caused by Alabama drivers who don't have liability insurance.  Because of this issue, several legislators have worked to develop a system of instant verification.  While important in keeping totally uninsured drivers off our roadways, instant verification does not completely resolve the problem.  That system does nothing to resolve the problem created when a driver with insurance, but not enough insurance, causes an accident.

What if you suffered a disabling injury in a car accident caused by another driver?  Suddenly, you cannot work and you are faced with huge medical bills.  Then, on top of that, you discover that the other driver had only $50,000 in insurance coverage.  That coverage is certainly not enough to compensate you for a disability that causes you to be unable to work for the rest of your life.  In fact, it is not even enough to cover the bills you might incur by a significant course of medical care.  What do you do?

If you have uninsured / underinsured coverage (often referred to as "UIM"), then you can receive compensation for your damages from your own insurance policy where the at-fault driver has no liability insurance or insufficient liability insurance.  When the at-fault driver is totally uninsured, you can simply make a claim directly against your own carrier for this coverage.  However, when the at-fault driver has some coverage, but not enough, the procedures are a little different.  And, if you don't follow the correct procedure, you will lose any right to receive this additional coverage.  The Alabama Supreme Court recently issued a harsh reminder to anyone seeking benefits for injuries caused by an underinsured driver that the procedures must be followed.

So, what must you do to make a claim for UIM benefits when the at-fault driver does not carry enough insurance to cover your damages?  Basically, before agreeing to any settlement with the at-fault driver (or his carrier), you must follow several procedures designed to notify your own UIM carrier and allow it time to both investigate the claim and determine how to proceed.  Here is the exact question and answer from The Alabama Supreme Court:

Under Alabama law does the failure of an insured to give prior notice to his or her insurer of a proposed settlement and release of an alleged tortfeasor cause the insured to forfeit underinsured motorist coverage regardless of the insured's actual knowledge of said coverage and regardless of prejudice to the insurer if the insured has possession of the policy which provides the coverage?

We answer this question in the affirmative.

Downey v. Travelers Property Casualty Insurance Company.  Not only did The Alabama Supreme Court remind us of the procedure that must be followed, the Court also basically said there would be no exceptions or excuses allowed.  This is an area where you can easily lose your right to additional insurance coverage.  That is why it is very important to seek advice from someone who understands the issues involved in automobile collisions and insurance.