Last month, pharmaceutical power player Merck & Co. agreed to pay $671
million to settle whistleblower-ignited federal claims that it overcharged
the government’s Medicaid and Medicare programs for several drugs and even
bribed doctors to prescribe its drugs, according to Associated Press
reports.
Naturally, Merck’s spin doctors trotted out the overused and flimsy
disclaimer that the settlements did not "constitute an admission of any
liability or wrongdoing." A company spokesperson dismissed the settlement
as a way to stuff the real issue into the Fibber McGee closet of
healthcare-related scandals – both past, existing and yet-to-be-uncovered.
"What we have here is a disagreement (over) the rules of the Medicaid
rebate program," AP quoted the Merck spokesman as saying. "These civil
settlements were the best and most appropriate way to resolve these
lengthy investigations."
Merck’s defense reminds me of the old "It depends on what the meaning
of the word ‘is’ is," one of the classic retorts ever to be uttered in
front of a grand jury. Before you continue reading and lob those "keep
your politics to yourself" fireball e-mails, indulge me with this
disclaimer: I’m not being partisan but merely using this presidential
quote at face value to amplify a point. This transcends simplistic
conservative vs. liberal or Democratic vs. Republican labels. Perhaps a
better – and safer – quote to use is Strother Martin’s as the Captain,
Road Prison 36 (Paul Newman’s Luke later re-uttered the line in cocky
defiance), in the 1967 film, "Cool Hand Luke:" "What we’ve got here is a
failure to communicate."
AP noted that the Merck settlement represents the third-largest ever
for healthcare fraud (for those of you keeping score at home). Tenet
Healthcare Corp. holds onto the top spot, as tabulated by "Taxpayers
Against Fraud," with $900 million, followed ironically by its larger
competitor HCA at $730 million.
Certainly, Merck isn’t alone in this funny money monkey business.
Nearly six years ago, Bristol-Myers Squibb was fingered for
"channel-stuffing," a dubious – and illegal – supply chain and accounting
practice of incentivizing distributors to buy more products earlier to
meet demand under the "threat" of impending price increases. Other
companies have been dinged for trying to dupe Wall Street into believing
that booked sales represented actual sales. And don’t forget the feds
recently rapping the wrists of the big orthopedic implant manufacturers
for their creative sales and marketing techniques.
But there’s an underlying and overt theme here that may rankle some:
Most, if not all, of these organizations are for-profit companies. Now
before your hands return to your smoldering keyboards to fire off any
anti-capitalistic e-mails, hear me out. Blame crosses political
affiliation and party lines, fiscal philosophies and cultural/social
leanings. The bottom line: Profit is good; greed is not (sorry Gordon
Gekko). Profit is good only when it’s earned fairly and honestly. In
absolute terms, honesty avoids chicanery, lying, theft – and even
loopholes, which are nothing more than dishonesty cloaked in cleverly
uncovered legalistic laziness or negligence. Someone messed up or didn’t
go far enough, so it must be okay to capitalize on it.
That’s not to say the "green-motivated" for-profit world is the only
one with dirty digits as Congressional leaders poke around the
not-for-profit hospital community for smoking balance sheets and shady
accounting and billing records.
What’s even more ironic is that the government – the poster child of
financial and operational inefficiency – leads this crusade against
publicly and privately owned organizations even as it creates the
convoluted and loopy-laden policies everyone seems to be misinterpreting
and exploiting. As comedian Drew Carey once said on his eponymous
television show: "The great circle of crap is complete."
So what’s the point? Presidential candidates – regardless of ideology,
party or religious background – as well as bloviating pundits and
misguided media mopes like me quake and quibble over reforming a "broken"
healthcare system with such bandages as universal insurance coverage
mandates or information technology simply are missing the point. Such
erstwhile and ill-defined "solutions" come with a hefty price that eats
into profitability. The moralistic and humanitarian motivations require
sacrifice and selflessness, which are anathema to capitalistic,
free-enterprising business principles, no matter how civic-minded.
Pick your poison, so to speak, because real change only will happen
when industry and society repents and suffers some pain.