CITIZENS   FOR  LIMITED  TAXATION  &  GOVERNMENT
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Thursday, August 1, 2002

"Economic fascism" on the rise in Mass.


Fascism: "... private economic enterprise under centralized government control ..."

Webster's New World Dictionary


... These exact sentiments were expressed by Robert Reich (current U.S. Secretary of Labor) and Ira Magaziner (current federal government's health care reform "Czar") in their book Minding America's Business....

A third defining characteristic of economic fascism is that private property and business ownership are permitted, but are in reality controlled by government through a business-government "partnership." ...

Economic Fascism
by Prof. Thomas J. DiLorenzo
Truth Seeker, Volume 121 (1994), No. 3


The politics of prescription drugs took hold of the gubernatorial campaign yesterday as several drug chains threatened to stop serving many of the state's neediest patients and candidates scrambled to exploit the issue.

Democrat Robert Reich made an aggressive effort to close ground with front-runner Shannon P. O'Brien - appointing himself as a mediator between the drug companies, the Swift administration and lawmakers....

The congressional delegation, in a letter to Swift, urged that the drug reimbursement not be cut because it would cost the state matching federal dollars.

The Boston Herald
Aug. 1, 2002
Candidates seize political opportunity


The impasse between the state and its three largest pharmacy chains deepened Wednesday as acting Gov. Jane Swift threatened possible legal action and a last-ditch legislative effort to freeze Medicaid cuts fell through.

In the final hours of the legislative session, the Senate unanimously approved a two-month delay in reducing Medicaid reimbursements to pharmacies.

House Speaker Thomas Finneran, D-Boston, opposed the initiative, however, and said his chamber would not vote on the bill before the midnight adjournment....

Earlier in the day, Swift called on CVS, Walgreens and Brooks pharmacy to delay their planned withdrawal from the Medicaid program until after a public hearing on the 11 percent reduction in reimbursement rates....

Swift said her administration was exploring "legal options" to stop the chains from withdrawing until a hearing could be held and had asked Attorney General Tom Reilly "to join us in pursuing some good corporate responsibility."

A spokeswoman for Reilly said he was "reviewing all options."

Associated Press
Aug. 1, 2002
Last-minute effort to prevent pharmacy cuts falls through


House Speaker Thomas M. Finneran last night blocked a last-ditch effort by the state Senate to delay a cut in Medicaid reimbursements to pharmacies, saying the drugstores have for too long enjoyed high profits at the expense of taxpayers.

"I don't think the taxpayers should provide a 10 percent profit margin for every drug transaction that we make," Finneran told reporters late last night as the Legislature adjourned its formal session for the year....

Swift said she was exploring "legal options" to force pharmacies to continue filling Medicaid prescriptions.

"This is a good time for a little corporate responsibility," Swift said before asking residents to "join me in pleading with these multibillion-dollar businesses who have done business profitably in the Commonwealth for many years in not abandoning our neediest citizens."

The Boston Globe
Aug. 1, 2002
Late change blocked on Medicaid
Rate reduction for pharmacies is left to stand


Money for full-day kindergartens, community health centers and insurance premiums for state workers and retirees topped the list of veto overrides approved by lawmakers in the waning minutes of the Legislature's formal session.

Associated Press
Aug. 1, 2002
Lawmakers override about $71 million of Swift vetoes


Speaker Finneran said by the official clock says our session should end. The minority leader has agreed to let us continue for the following matters. But it requires unanimous consent of members to continue. Rep. Marini has agreed ...

The House adjourned at 1:47 am ... It will next meet Monday at 11 am in an informal session.

State House News Service
Aug. 1, 2002
House plans after midnight


Chip Ford's CLT Commentary

Apparently "economic fascism" has become our new form of government, having quietly replaced the democratic republic we used to have.

House Speaker Tom Finneran ("Il Duce" fittingly comes to mind) and especially Attorney General Tom Reilly (sue, sue, sue big business into the ground - tobacco, gun manufacturers, Microsoft ... who's next!) don't surprise me, and Robert Reich already has well established credentials as a neo-economic fascist in the Clinton administration.

But Governor Jane Swift too?

The governor has asked Tom Reilly to "look into legal options" to -- do what -- force privately-owned businesses to sell at a loss, subsidize the state's spending crisis, until they're driven out of business by a ridiculous (if not unconstitutional) government policy that's aimed to get the Beacon Hill Village Idiots off the hook for their fiscal irresponsibility?

If I were Walgreen or CVS, I'd tell the governor and Tom Reilly "Make my day!"

I grit my teeth doing this, but I've got to give the Senate - led by its president, Tom Birmingham -- credit when due. Last night it tried to halt imposing the draconian cuts on pharmacy reimbursements for state Medicaid prescriptions until a public hearing could finally be held - an event that usually precedes such a radical policy change.

Though the governor is not in what I initially perceived as the "Beacon Hill Village Idiots" category when I crafted that term, unfortunately today I recognized that the inclusion of other politicians beyond just those in "The Best Legislature Money Can Buy" from time to time will be necessary.

The decision yesterday to present Sen. Montigny with our "Village Idiot Dunce Cap Award" was primarily because "he was the one best positioned to know better."

With great disappointment it is unavoidable that the "Dunce Cap Award" is today presented to Governor Jane M. Swift. She too was and is the one person best positioned to know better, and we can only hope that she still does -- because we vehemently reject compelling businesses to "cooperate" with government policy.

Chip Ford


Economic Fascism
by Prof. Thomas J. DiLorenzo
Truth Seeker, Volume 121 (1994), No. 3

... These exact sentiments were expressed by Robert Reich (current U.S. Secretary of Labor) and Ira Magaziner (current federal government's health care reform "Czar") in their book Minding America's Business. In order to counteract the "untidy marketplace," an interventionist industrial policy "must strive to integrate the full range of targeted government policies-procurement, research and development, trade, antitrust, tax credits, and subsidies-into a coherent strategy...."

A successful industrial policy, write Reich and Magaziner, would "require careful co-ordination between public and private sectors. Government and the private sector must work in tandem. Economic success now depends to a high degree on coordination, collaboration, and careful strategic choice," guided by government.

A third defining characteristic of economic fascism is that private property and business ownership are permitted, but are in reality controlled by government through a business-government "partnership." ...

Now that socialism has collapsed and survives nowhere but in Cuba, China, Vietnam, and on American university campuses, the biggest threat to economic liberty and individual freedom lies in the new economic fascism. While the former Communist countries are trying to privatize as many industries as possible as fast as they can, they are still plagued by governmental controls, leaving them with essentially fascist economies: private property and private enterprise are permitted, but are heavily controlled and regulated by government.

(Read the full article)

Dr. DiLorenzo is Professor of Economics at Loyola College, Baltimore, Maryland, and guest editor for The Freeman.

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The Boston Herald
Thursday, August 1, 2002

Candidates seize political opportunity
Analysis/by Steve Marantz

The politics of prescription drugs took hold of the gubernatorial campaign yesterday as several drug chains threatened to stop serving many of the state's neediest patients and candidates scrambled to exploit the issue.

Democrat Robert Reich made an aggressive effort to close ground with front-runner Shannon P. O'Brien - appointing himself as a mediator between the drug companies, the Swift administration and lawmakers.

With acting Gov. Jane Swift calling on the drug chains to show restraint, Reich telephoned executives at Walgreens Co., Brooks Pharmacy and CVS and proposed an "interim" solution that would continue service for Medicaid recipients while protecting a profit for the chains.

Reich said he asked the executives to lower their profit to 5 percent from 10 percent until lawmakers could hold a hearing - and they agreed. He said his proposal mirrors the Medicaid reimbursement rate in Rhode Island.

"Let's not worry about who to blame, whether it's the Legislature, the governor or the drug companies - let's just solve it," Reich told a group of elderly residents at a Lower Mills apartment building.

A Walgreens spokesman confirmed that the company is considering Reich's proposal.

"If that is put forward it would cause us to re-evaluate our stance," said Michael Polzin. "We indicated (to Reich) that as a temporary solution while this gets resolved we would re-evaluate."

A spokesman for Brooks declined to comment. CVS could not be reached.  But a Swift administration spokesman said legislative action would be required to change the reimbursement rate - a detail Reich overlooked.

"We can't arbitrarily set the rates," said James Borghesani.

Moreover, Reich's plan would cost money - $2.5 million per month - not in the budget passed last week, Borghesani said.

Meanwhile, other Democratic candidates touted their drug credentials. Senate President Thomas F. Birmingham was pushing a measure last night that would temporarily freeze the reimbursement rate at its current level.

Birmingham operatives deflected blame to the House for the cut in drug reimbursements and pointed out that Birmingham has been a longtime backer of bulk purchasing and the Advantage Prescription program, which lowers costs to seniors.

Warren Tolman's campaign blamed the Medicaid drug crisis on a "failure of leadership" and called for a single-payer system that would eliminate Medicaid and allow the state to negotiate drug prices.

O'Brien called for several cost-reduction measures, including preferred pricing, bulk purchasing and increased efforts to access federal dollars and programs.

O'Brien spokesman Adrian Durbin said she would have vetoed the provision reducing reimbursements and brought the drug chains to the table "in a way that ensures pharmacies' viability while assuring our neediest citizens of receiving the medicine they require."

GOP candidate Mitt Romney will unveil his health care proposals next week, spokesman Eric Fehrnstrom said.

The congressional delegation, in a letter to Swift, urged that the drug reimbursement not be cut because it would cost the state matching federal dollars. The delegation said it is working to increase federal funding of Medicaid while seeking legislation to provide a comprehensive drug benefit under Medicare.

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Associated Press
Thursday, August 1, 2002

Last-minute effort to prevent pharmacy cuts falls through 
By Jennifer Peter

BOSTON (AP) The impasse between the state and its three largest pharmacy chains deepened Wednesday as acting Gov. Jane Swift threatened possible legal action and a last-ditch legislative effort to freeze Medicaid cuts fell through.

In the final hours of the legislative session, the Senate unanimously approved a two-month delay in reducing Medicaid reimbursements to pharmacies.

House Speaker Thomas Finneran, D-Boston, opposed the initiative, however, and said his chamber would not vote on the bill before the midnight adjournment.

Earlier in the day, Swift called on CVS, Walgreens and Brooks pharmacy to delay their planned withdrawal from the Medicaid program until after a public hearing on the 11 percent reduction in reimbursement rates.

"This is a good time for a little corporate responsibility," Swift said Wednesday. She asked citizens "to join me in pleading with these multi-billion-dollar corporations who have done business profitably in the commonwealth for many years in not abandoning our neediest citizens."

Swift said her administration was exploring "legal options" to stop the chains from withdrawing until a hearing could be held and had asked Attorney General Tom Reilly "to join us in pursuing some good corporate responsibility."

A spokeswoman for Reilly said he was "reviewing all options."

The three companies announced plans to withdraw from the assistance program this week because of cuts in the reimbursement rate. Together, they operate more than half of Massachusetts' pharmacies and fill about 60 percent of the prescriptions for the 900,000 Medicaid patients.

The reduction for Medicaid prescriptions took effect Monday, when Swift signed the state budget without vetoing the contested pharmacy portion.

The Senate proposal would have delayed the cuts until Oct. 1 at a cost to the state of about $7.5 million. In the meantime, it would have required a public hearing to be conducted by Sept. 1 with a report to be issued within 20 days.

"In the interest of protecting the poor, I don't think we can afford to call the bluff of the chains," Senate Ways and Means Chairman Mark Montigny said. "It's serious enough that we need to take this action to prevent the impending crisis."

Finneran said, however, that the legislature should not undermine ongoing negotiations between the Swift administration and the pharmacies.

CVS and Walgreens had previously rejected the administration's request to delay withdrawing from the program for 60 days.

Walgreens spokesman Michael Polzin said its 90 stores would stop filling Medicaid prescriptions Aug. 31, to give patients time to find an alternative provider. A 60-day delay, he said, is out of the question.

"Pharmacies can't do that and lose money on each prescription they fill," Polzin said.

CVS and Brooks have not set a timeline for withdrawal.

The three companies operate 555 of the state's 1,014 drug stores.

Stop & Shop Supermarkets, which operate 80 of the additional pharmacies, said Wednesday they would also withdraw from the program unless the state agreed to freeze the reimbursement rates at its prior level during the 60-day hearing process.

As the news of the impasse rippled throughout the state, the poor and chronically disabled residents on Medicaid expressed fear they would lose access to essential medications.

"People are living off these drugs to save their lives," said Kelly Potter, 26, of Boston, who obtains her insulin and high blood pressure pills at CVS. "Where am I going to get my medicine from?"

While states across the country have tried to achieve Medicaid savings by reducing the pharmacy reimbursement rate, this is the first time the cuts have prompted large chains to withdraw from the program, according to the National Association of Chain Drug Stores.

The state budget, approved by the Legislature this month as it confronted a $2.4 billion decline in tax revenue, saves $60 million next year by reducing the reimbursement rate for Medicaid prescriptions by 11 percent.

Despite overtures from CVS, Swift refused to veto that provision, or another that will raise $36 million next year by adding a user fee on non-Medicaid prescriptions.

If the pharmacies pull out, Mildred Gooding of Boston is worried that she would no longer be able to find the insulin she has taken every day for five years.

"I know that if my sugars go way up, I could have a stroke or a heart attack or something," said Gooding, 57. "We've got to have the medicine."

Associated Press Staff Writer Jack Hagel contributed to this story.

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The Boston Globe
Thursday, August 1, 2002

Late change blocked on Medicaid
Rate reduction for pharmacies is left to stand

By Chris Reidy, Globe Staff and Chris Tangney Globe Correspondent

House Speaker Thomas M. Finneran last night blocked a last-ditch effort by the state Senate to delay a cut in Medicaid reimbursements to pharmacies, saying the drugstores have for too long enjoyed high profits at the expense of taxpayers.

"I don't think the taxpayers should provide a 10 percent profit margin for every drug transaction that we make," Finneran told reporters late last night as the Legislature adjourned its formal session for the year.

Senate leaders had pushed for a 60-day postponement in the reduction of the reimbursement rate, after another chain, Walgreen Co., said it would no longer fill prescriptions under the program for the poor.

"In the interest of protecting the poor, I don't think we can afford to call the bluff of the chains," Senate Ways and Means Chairman Mark C. Montigny said.

But Finneran was unmoved, saying the Swift administration is engaged in negotiations with the pharmacies and that he does not favor any delay in the implementation of the Medicaid changes.

"The pharmacies will have their chance to make the case that these changes are unsustainable," Finneran said.

The speaker's remarks dashed hopes that the Legislature would find an immediate solution, despite the Senate's unanimous approval of a bill calling for the two-month delay.

The prescription reimbursement has caused a major collision between the drugstore chains and state leaders. Acting Governor Jane Swift yesterday lectured pharmacy chains on "corporate responsibility," and Democratic gubernatorial candidate Robert Reich attempted to broker a compromise. Meanwhile, Walgreen Co. became the third chain to announce it would no longer participate in the program, saying it would stop filling Medicaid prescriptions Aug. 31 unless there was a "significant change" in the formula.

"We would lose money on every Medicaid prescription under the new proposal," said Walgreen spokesman Michael Polzin. Swift had requested that the drugstores continue filling prescriptions for Medicaid recipients for 60 days while the reimbursement issue is revisited in as-yet unscheduled hearings.

As part of a budget measure that Swift approved Monday, the change in reimbursement rates would save the state an estimated $60 million a year at a time when the state is facing a decline in tax revenue of $2.5 billion.

Under the old rate, Massachusetts pharmacists were reimbursed on prescriptions for Medicaid recipients at 10 percent above the so-called wholesale acquisition cost of a drug. The new rate would reimburse pharmacists at 2 percent below that cost.

CVS Corp. and Brooks Pharmacy, which between them operate about 465 pharmacies in Massachusetts, have said they will take similar action but have not announced withdrawal dates. The Stop & Shop Supermarket Co., which operates pharmacies in 79 of its 109 Massachusetts stores, wrote a letter to state officials asking that the new rate not be imposed until after the hearings. "We continue to evaluate the financial implications associated with the new reimbursement regulations," wrote John J. Fegan, vice president of pharmacy for Quincy-based Stop & Shop. "They do not look favorable."

The state's Executive Office of Health and Human Services is still working on a timetable for when the new rate would go into effect, a spokesman said.

Hoping to break the impasse, Reich said he contacted executives at CVS, Walgreen, and Brooks, which together provide 60 percent of the prescriptions to Massachusetts Medicaid recipients, according to the office of health and human services.

From his conversations with pharmacy executives, Reich said he concluded that the big chains might be willing to continue to do business in Massachusetts, at least on a temporary basis, if they were reimbursed at roughly 5 percent above the wholesale acquisition cost of a drug.

After Reich's call, CVS spokesman Todd Andrews said, "Our focus remains on working with the governor's office and the Legislature to reach a solution. Regretfully, our position is unchanged." The Swift administration had no comment on Reich's proposal.

There are just over a thousand drugstores in the state. According to the Massachusetts Pharmacists Association, about 220 of them are independently owned.

One independent, Sutherland Pharmacy in the Brighton neighborhood of Boston, said it faces the possibility of going out of business if the new reimbursement rate becomes permanent.

"If you're selling product below cost, you can't pay your bills," said co-owner Jay Leary, who noted that Medicaid accounted for about 95 percent of his prescription drug business.

Swift said she was exploring "legal options" to force pharmacies to continue filling Medicaid prescriptions.

"This is a good time for a little corporate responsibility," Swift said before asking residents to "join me in pleading with these multibillion-dollar businesses who have done business profitably in the Commonwealth for many years in not abandoning our neediest citizens."

Earlier in the day, CVS said its second-quarter earnings declined by 11 percent. Still, the chain based in Woonsocket, R.I., had a profit of $176.4 million on sales of $5.99 billion for the three-month period ending June 29.

During a conference call with Wall Street analysts, CVS chairman and chief executive Tom Ryan gave assurances that the chain's withdrawal from the Massachusetts Medicaid business would have little effect on the chain's bottom line.

"While we regret the pullout of the program, they really left us with no choice," Ryan told analysts. "This business was not very profitable anyway. So we expect this to have a modest impact on operating profit."

According to Leary, the independent pharmacist, it's a myth that big chains pay a lot less when purchasing drugs.

Like some other pharmacists, Leary said that rising Medicaid costs are the result of drug companies increasing their prices, and that the state should be looking for savings from these companies and not just from pharmacies.

Montigny said the Legislature might have to grapple with the issue later this year, during an informal session. That would be unusual because only noncontroversial issues are considered in informal session. And Finneran's opposition makes such consideration all the more unlikely.

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Associated Press
Thursday, August 1, 2002

Lawmakers override about $71 million of Swift vetoes
By Steve Leblanc

BOSTON (AP) Money for full-day kindergartens, community health centers and insurance premiums for state workers and retirees topped the list of veto overrides approved by lawmakers in the waning minutes of the Legislature's formal session.

House Speaker Thomas M. Finneran recommended the overrides, which he said totaled about $71 million of the $355 million in budget vetoes issued by acting Gov. Jane M. Swift on Monday.

Citing the state's precarious fiscal situation, House leaders had said they would show restraint when deciding what vetoes, if any, to override.

"When all is said and done we, in general, concur with the governor's attempt to bring the budget in balance," Finneran said Wednesday.

Advocates had pressured lawmakers to override more of the vetoes, including cuts to anti-smoking initiatives, breast cancer research, anti-suicide programs for gay and lesbian youth and cultural support programs.

The three vetoes restored $28 million for the state's full-day kindergarten program, $5 million for community health centers and $38 million to block an increase in how much state workers must pay for health care premiums.

The overrides leave just under $300 million in the state's rainy day fund for next year, Finneran said.

Lawmakers also overrode several smaller vetoes, including funds for the New England Board of Higher Education, State Police patrols, and health insurance for retired teachers.

House leaders had been wrestling for days about whether to override the vetoes.

Earlier in the day, Finneran had offered House members three options. Under one proposal, they would have agreed to take up none of the vetoes. Under a second, they would do limited vetoes.

A third proposal would have required the House, Senate and Swift to agree to cut discretionary spending across the board by up to 2 percent, a move that would save about $175 million.

Under the proposal, lawmakers would have had to come back in September and restore $175 million in vetoes during an informal session.

The proposal met with skepticism and was eventually abandoned.

"I don't think there are many members who would find that palatable," said state Rep. James J. Marzilli, D-Arlington.

Swift defended her vetoes to the Legislature's $22.9 billion state budget plan, saying they were needed to help keep the budget in balance and protect state savings.

The state's revenues for July fell by about $50 million, according to House Ways and Means Chairman John Rogers, D-Norwood, who said the dip was additional proof that the state was not out of its fiscal crisis.

Officials from the state Department of Revenue said new tax collection numbers released Wednesday showed July revenues only fell about $4 million below expectations.

Under the Legislature's rules, all vetoes begin in the House. Any vetoes had to be taken up before midnight Wednesday, the end of the Legislature's formal session.

In an unusual move, the House and Senate unanimously agreed to continue past midnight to take up additional bills.

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State House News Service
Thursday, August 1, 2002

House plans after midnight

Speaker Finneran said by the official clock says our session should end. The minority leader has agreed to let us continue for the following matters. But it requires unanimous consent of members to continue. Rep. Marini has agreed to let us consider all land takings which require roll calls, completion of the transportation bond, the DCAMM bond, and the following four vetoed items: emergency assistance and family shelters, methadone clinic sitings, MCAS test question notification deadlines, and reduction in the Rep. Joe Moakley Center on the Bridgewater State campus. Those matters only are what the GOP has agreed to. I also intend to honor Rep. Hodgkins with his final remarks in the House....

The House adjourned at 1:47 am in memory of Brian J. Honan. It will next meet Monday at 11 am in an informal session.

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