Published in CommPRO.biz 2014.01.24

 

Big Pharma Has Congress 

by the Jugular

Andrew Witty, Glaxo Smith Kline CEO, announced last month (December 16) that Glaxo will stop paying doctors to promote their products and stop paying their sales representatives based on the number of prescriptions doctors write. It would be nice to think that this action results from an epiphany on Glaxo’s part. It’s more likely a duck-and-cover move triggered by a nasty bribery mess in China and an upcoming Affordable Care Act disclosure requirement.

It is, however, welcome. This, we hope, will trigger moves (don’t hold your breath) by other Pharma Monsters to fall in line. Pay-to-prescribe -along with Pharma advertising- make up two of the more egregious practices Pharma uses that drive healthcare costs sky high in the United States. The biggie by far is the hold they have on our Congress. Their “K” Street lobbyists lay bucks by the bushel on members of the Congress. In return, those sworn to work in our interest instead work for the drug companies.

By manipulating patent laws and exempting Pharma from anti-trust laws, drug companies have driven costs for their products beyond belief. A drug that costs a few hundred dollars to make, costs a desperate cancer patient close to a hundred grand for each dose. The patient goes bankrupt and the taxpayers pick up the tab. There is no other drug. The doctor says take it or die.

Pharma would have us believe that these drugs cost over a billion dollars to bring to market. A cruel and blatant lie; a study published in the British Medical Journal shows that the average $1.3 billion dollars the drug companies claim it costs, is actually about $90 thousand dollars. The rest is part BS and mostly marketing expenditures. Worse, most of their research funds go to tweaking existing drugs in an effort to stretch out patents on their best sellers.

We keep hearing about how much cheaper it is to buy drugs in places like Canada. Why is that? Because they have a single payer healthcare system that negotiates lower prices. In America, our Congress has forbidden Medicare to do anything like that. So a nation with fewer people than live in California can muscle the drug companies and we can’t. To make it worse the Congress has so limited fraud investigative funds that Medicare catches only a fraction of the bad guys. Like one doc in California who games the system by prescribing name-brand drugs to thousands of low income patients. Drugs’ costing as much as 30 times equally effective generic versions. There are thousands of these docs milking Medicare for Big Pharma and costing the taxpayers billions.

Big Pharma’s pill bill is killing us. Government controlled healthcare serves over half of Americans. With that kind of clout we can negotiate lower costs. Lower costs in drugs, lower costs in every aspect of our out-of-control healthcare sector. We spend more per-capita than any other nation on earth and yet our outcomes don’t even rank in the top 25%. We need to clean out the Congressional medicine chest.

"Am I wrong?"--"Am I Nuts?"--"What do you think?"--"Do you agree?"

Published – CommPRO.biz 2013.10.18

Shortages That Kill

It seems that every time we try to get something right, some scumbag figures out a way to game the system. While this fact of life is annoying wherever it shows up, it’s deadly when it rears its viperous head in life and death situations. So it is with generic drugs. Once we get past the inflated profits Big Pharma reaps -based on the phonied-up costs to develop a truly new drug- our expectation is that generic versions will serve us at reasonable costs.

We know all about the inexplicably legal game Big Pharma plays where they get to pay off the generic manufacturers to hold off production until they can squeeze the last drop of bloated profit out of the original patented version. As if that isn’t bad enough, it turns out there’s another equally ridiculous legal loophole allowing drug buying groups to bribe their way to higher profits at a cost of billions (out of our pockets) and -more important- at the cost of life itself.

This situation, according to published reports from medical and pharmaceutical practitioners, has its roots in 1987. You remember the “eighties” when “K” Street lobbyists seemed able to write any crazy thing into a law and find one of those we elected to serve us, willing to serve their special interest – for cash. Well, in 1987 Congress passed the “Medicare Safe Harbor Act” giving pharmaceutical buying groups a get-out-of-jail-free card to take vendor kickbacks (AKA bribes).

Since then these huge entities have controlled the manufacturers of generics that are mostly injectables used in hospital settings, antibiotics, pain meds, chemo drugs and anesthetics among others. These buying groups have in some cases limited manufacture to a single company. They have driven pricing so low, that eventually no competitors to their “Favored One” are left standing.

How are low prices bad for us? When a dominant buyer is able to drive pricing below the level of reasonable profits for the producers, there is no longer a truly competitive marketplace. That’s exactly what’s happened in the generic pharma world, resulting in unacceptable and dangerous shortages. A buying group source claims that they “encourage the free market by competitive bidding and multiple rewards for the best supplier performance.” We are with him until the multiple rewards part (sounds like bribes to us).

All of this was thought to be addressed in a 2012 law. Instead by mid-2013 drugs in short supply had soared from near two hundred to near three hundred, a fifty percent surge in one year. How did that happen? While we have no details, we’re betting it had to do with the buying group lobbyists. While we don’t pick up these drugs from our family drug store, we all have a vital stake. It is past time for this perverse law, the innocent sounding 1987 “Medicare Safe Harbor Act,” to have its quarter century of greed driven rule brought to an end. It is time to restore ethics and a true free market to this vital healthcare sector.

Published in CommPro.biz 2013.08.08

Anything Goes

The Monster Banks’ best investment over the last few decades has been the tens of millions they poured into the pockets of the Congress through their “K” Street lobbyists. It paid off, billions in profits that come right out of the pockets of every American. The bankers’ big score was the Financial Services Modernization Act of 1999, AKA the Gramm–Leach–Bliley Act (GLB) named for three members of our Congress who giggled all the way to their banks.

GLB gutted the Glass/Steagall Act; legislation written in the early 1930s limiting banks to the business of banking: taking deposits, making loans, supporting our economy. As a reward we agreed to insure the money of the bank’s depositors, so that should the bank go bust, the money you had in the bank would be safe (up to $10,000). GLB took down the fences, but left the taxpayers on the hook should the banks fail.

That and another gift from Congress, a law exempting Wall Street from gambling laws, opened the door to the crazy stuff that drove our economy off the cliff. The Monster Banks could use your deposits to bet on almost anything, always backed by America’s taxpayers. There are less than a dozen banks in this arena, the To-Big-To-Fail (TBTF) banks that we bailed out when the derivative fueled house of cards they created collapsed. Your corner neighborhood bank didn’t play this game. Unfortunately they suffered along with the rest of us, worse because the TBTF banks buoyed by gambling profits held a competitive edge. 

The TBTF Monster Banks are right back at it. Taking zero interest bucks from the Fed to gamble instead of investing in our economy. There’s a new game in town, commodities. Ten years ago the TBTF Banks got the Federal Reserve to set up a “Temporary” ruling allowing them to deal in commodities. When their mortgage game evaporated, the Monster Banks jumped into this marketplace. With all the free money at their disposal they bought grain and oil, even oil wells and tankers. They are into power, manipulating your electric bill, Enron redux.

Metals -steel, aluminum, copper- all commodity markets they can manipulate; a buck on a new car, a few pennies on a cell phone, a tenth of a penny on your soft drink can. Goldman Sachs, the mother of all TBTF Monster Banks, owns a couple dozen warehouses in Detroit full of aluminum bars. They shuffle them around from one warehouse to another in a dance that allows them to circumvent the law and jack up the cost of aluminum. Anything goes, ethics walks the plank.

The “Temporary” commodity games regulations expire next month. The Monster Banks are working hard to extend it. It better not happen. More important, we must get these banks out of the other gambling halls we have allowed them to create. We have to stop this nonsense and cut these big banks -quite literally- down to size. If we fail, it’s just a matter of time until we have to bail them out again.

Published in CommPro.biz 2013.04.30

Whose $$$$s Anyway?

Two decades ago, John O’Shea, a National Institutes of Health (NIH) scientist at the taxpayer supported entity, was pursuing JAK3, a protein that attaches itself to immune cells. Dr. O’Shea and his team at the NIH thought JAK3 might be used to fight autoimmune disease, specifically arthritis. In 1993 the NIH contacted Pfizer to see if the Pharma giant might have an interest in partnering with Dr. O’Shea in this research. Pfizer said “no thanks” because under the rules in place back then they would have had to share any resulting revenue from the collaboration with the taxpayers who fund the NIH.

Big Pharma’s “K” Street lobbyists had that requirement removed in 1995 and so Pfizer signed on in 1996. Fast forward twenty years and the FDA (Food and Drug Administration) approves Pfizer’s new arthritis medication Xeljanz® (tofacitinib citrate). Three cheers all around says the NIH for the teamwork made possible by Dr. O’Shea’s discovery of JAK3, and his team’s collaboration over twenty years with the folks at Pfizer that led to Xeljanz®.

Big surprise, Pfizer doesn’t see it that way. They say that the good doctor’s work moved into the public domain when it was published in 1994, that anybody could have used it. So far as the cooperative research with Dr. O’Shea goes, Pfizer didn’t end up with anything they could patent, so it was of no value. It was all the work and the more than a billion bucks Pfizer invested that resulted in a new arthritis drug, Xeljanz®. Pfizer is charging Medicare over $2,000 a month for each and every patient on Xeljanz®, a mind-numbing $25,000.00 taxpayer bucks a year.

This whole scenario is so outrageous you wouldn’t believe it if you didn’t know it’s true. A private entity takes the work of a government researcher; brushing a deal aside they made to work with the NIH. They take all the credit for developing this drug, adding the standard boilerplate claim that they sunk a billion bucks into the effort, yada, yada, yada.

A figure debunked last year in a British Medical Journal study. All these billion plus drug development claims start with a half billion they might have earned had they invested in some once-upon-a-time index fund over the same twenty-year period. Then there is $300-$400 million they get in tax credits. At the end of the day Pfizer has maybe a couple hundred million in Xeljanz®, no small amount but nothing close to a billion. Talk about corporate welfare or voodoo economics. It’s time for this nonsense to stop. Without Dr. O’Shea’s team at the NIH there would be no Xeljanz®.  We want our share of the bucks.

The stranglehold Big Pharma has over the Congress is shameful. From endorsing the theft of taxpayer funded science to an outrageous ban that prevents Medicare and Medicaid from negotiating what they pay for drugs, the corrosive impact of corporate spending in our democratic process is overwhelming. It has to stop.

“It’s Official, Even the Banks Say They Messed Up” 

A Wall Street Reputation Study* commissioned by New York communications firm, Makovsky + Company unearthed some not too surprising outcomes, from a very surprising source. The study targeted communications and marketing types at mid-sized to large publicly traded and private financial organizations: banks, brokerages, insurance companies, etc.

They see the viewpoint held by the public that their behavior tossed America and the world into economic chaos as “The” biggest challenge they face. Almost all of those surveyed (96%) believe they brought it on themselves. Eight of ten see bonus swollen “C” Suite compensation packages as a major issue for the financial sector. Big surprise: three out of four believe that “increased regulation will help their firms improve reputations and trust with customers faster.” 

Now that’s not big news to anyone who has looked at the roll deregulation played in allowing the greed driven, crazy speculation fueled trip that took most of the world down the drain, but to hear it from the greed sector, WOW! We can imagine how that went over on “K” Street where the financial types have been pouring bucks by the tens of millions into the politicians’ pockets fighting even modest regulations.

It gets even more interesting; more than half admitted the “Occupy” movement had a “real impact on their business.” Four out of ten said they were surprised by “Occupy,” but only three out of ten think it’s over. Seven of ten say it will carry on at least through the November elections. Given the reaction of the Wall Street types who were pictured literally looking down their noses while enjoying pricy luncheons as the protesters marched outside their watering holes, this is a real surprise. Our guess is that those distaining the riff-raff were not the folks from communications, who likely saw the storm clouds gathering. That’s reflected in the 73% who said, “Their marketing/communications departments grew in importance over the past year.” Let’s hope their influence upstairs grew as well.

"With the six-month anniversary of the movement sparking a resurgence, the consensus is that Occupy Wall Street is not going away anytime soon, and financial services executives need to be better prepared to address this issue moving forward," Scott Tangney, executive vice president and head of the Financial Services practice at Makovsky, said in a news release. Time will tell if the warnings expressed by this study and clearly elucidated by Tangney sink in up in carpetland. 

When asked to take a look in the mirror and grade the industry, communications pros surveyed gave themselves pretty low grades, 57% graded "average," "below average" or "failing.” But then there were those with their heads in the sand, the 9% who gave themselves a “perfect” grade. This could be a watershed moment. Will the financial quarter embrace reform, or seek a return to the dark side? 

*Echo Research, February 22 through March 1, 2012

© 2012 GLG

Surely, You Jest?

High-frequency traders account for between 60% and 80% of the couple billion trades on the NY Stock Exchange every day. They are also deep into commodities and other markets. Using computers and sophisticated algorithms these modern-day “Highwaymen” ride the capital market highways and byways, ducking in and out in nanoseconds to pick up a couple pennies here and there.

And they gallop alongside large institutional block-traders pushing the price up on the block, cashing in when it executes. The “Highwaymen” are long gone with their profits when the pricing drops. The institutional trader (read- Grandma & Grandpa’s pension fund) is left holding an over-priced stock paid for with the hard earned savings of their pensioners. While it isn’t always the old folks who suffer, at the end of the day the high-frequency traders, day-traders, and other bottom feeders have pumped up the prices paid by regular investors-- the “losers,” as those who game the market call them.

None of this has anything to do with the stated purpose of the markets, putting  funds into the hands of business, funds to create jobs. The high-frequency folks, however, are emerging into the daylight. They showed up first on “K” Street doling out hundreds of thousands of dollars to candidates and lobbyists. Well north of a million and a quarter last year according to published reports. Big bucks, but well within their means, given the six billion they are reported to have skimmed off the markets last year.

The high-frequency folks have also laid claim to a positive impact on the market. They feel they’ve made it more competitive and lowered trading fees. They have to be joking. Experts argue that by using their speed to duck in and out of the market, they have taken the edge off competition and destabilized the market. And it seems much more likely that trading fees have been driven down by online trading and the brokerage houses featuring low fees.

None of the fun-and-games trading schemes that have emerged since the markets were opened up to pure gambling plays have anything to do with providing the capital American business needs to create jobs. Laws exempting traders from gambling laws and allowing banks to wander out of their traditional role created this mess, and triggered the economic collapse we are still staggering from.

Restoring sanity to this sector is no big secret. Repeal the gambling exemptions, and set up tax rules that will encourage capital development. Start with a 95% tax on gains from investments held less than a day, 80% on those held less than a week, 60% on those held less than a month, and so on until those held more than a decade are tax free. Let’s take our capital markets out of the hands of the Highwaymen and their ilk and return it to “Investors” and the companies they own. Let’s focus on what’s best for our people in the long term, not the next quarter. Let’s put the market to work providing capital for our economy and jobs for our people.