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April 20, 2007

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While it may be true to say that Medicare Part D rules prohibit drug company PAP programs, companies can and have had their PAP programs approved by the OIG as pointed out below (see http://www.medicareadvocacy.org/PartD_05.2006.PAPs.htm).

"PAPs operating outside of Medicare Part D that offer free or reduced-cost prescription drugs - mostly to persons with low incomes and no insurance - may still be able to offer assistance to Medicare beneficiaries, according to an advisory opinion released April 18 by the Office of the Inspector General (OIG) [OIG Advisory Opinion No. 06-03]. The opinion warns that its approval applies only to programs offered by the company that requested the opinion (Schering-Plough), and urges each individual PAP to seek an approval, rather than use this advisory opinion as guidance.

The continued existence of PAP assistance for Medicare beneficiaries was put into question recently with the strict rules governing pharmaceutical companies’ ability to contribute to beneficiary’s drug costs without violating the anti-kickback statute. That statute prohibits offering or receiving payment to increase the use of products or services (in this case, to steer prescription drug use) at the cost of federal health care programs. The latest opinion offers qualified confirmation that PAPs are permissible provided they function within certain parameters, while pointing out that that PAP drugs will not count toward an individual’s Medicare Part D true out-of-pocket (TrOOP) costs and cannot be billed to any third party, including Medicare."

In actuality, Lilly FIRST made the program very limiting, in terms of income level for the participants. Then, they essentially unofficially eliminated everyone from their programs. Now, the officially dropped the program. This was going to happen. No one cared. No one protested. And now it is actualized.

How do I know this? I enrolled my father in their program. And they dropped him, after years of providing him with medications, 2 years ago, before he died. This was because my RETIRED and not at all wealthy parents, made too much money, and supposedly had other Rx coverage. BS.

I think what you and other companies that will follow your course have no respect for life or the welfare of the people and these things should not be permitted. I work in the medical field at a clinic which provides healthcare to the poor. It is things like this that is bringing us closer to failure. I hope you can sleep at night knowing that you don't have to worry. I pray that you never get poor............

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