BY
NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, JOSEPH SOLVO ESQ., REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., BRAHM FISHER ESQ., JOSEPH WEBSTER MD., ESTHER HYATT PHD., BRAHM FISHER ESQ., MICHELE ALEXANDER, CUDJOE WILDING BS, DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
TAMPA IS THE MODERN DAY TULSA
The common man or woman has very little understanding of how so-called drug policies directly affect their daily living, until they become are diagnosed with some chronic illness or have a loved one who may be facing death. Then, the importance of chronic illness and disease states is ever so critical.
Let it further be clear, patients being treated for chronic pain who travel to a Black-owned pharmacy are called “RED FLAGS” by the DEA and these pharmacies are classified as imminent dangers to the “Public Health.” While the same patients traveling to non-black owned pharmacies, with the same prescriptions, using the exact same payment methodology, the fictitious label of “red flags” does not truly exist.
However, the large chain pharmacies and their parent companies clearly violate laws through false billings and even forged prescriptions on their part, while the DEA collects billions of dollars in what amounts to “extortion fines” and the large chains are given a pass. These warnings remain ever so obliterated, and one cannot ignore the functions of how race works in these types of proceedings.
On, May 13, 2020, from The United States Drug Enforcement Administration press-release: Omnicare agrees to pay over $15 Million to resolve allegations it improperly dispensed opioids at long-term care facilities.
Https://www.dea.gov/press-releases/2020/05/13/omnicare-inc-agrees-pay-mo…
Drug Enforcement Administration Seattle, Keith R. Weis, Special Agent in Charge @DEASeattleDiv(link is external) Contact: Jodie Underwood Phone Number: (206) 553-1162 (2)
The double standard clearly on display as there was not a single CVS executive charged criminally, and or sent to prison. Nor, does it appear a NOTICE was hereby given to inform Omnicare or its parent company CVS of the immediate suspension of the Drug Enforcement Administration (“DBA”) Certificate of Registration pursuant to 21 U.S.C.§824(d); because Omnicare’s continued registration constituted “an imminent danger to the public health or safety.”
Nor, does there appear a notice given by the DEA to Omnicare or its parent company an opportunity to show cause before the DEA at the DEA Hearing Facility located at 1550 Crystal Drive. Suite 901. Arlington Virginia. 22202. or a location designated by the Administrative Law Judge.
In recent years, the company has been fined hundreds of millions of dollars for violations of the Controlled Substances Act and other transgressions, many of them involving opioid medication. (3) Since 2000 CVS has had 399 various violations and has paid approximately $1,142,975,146 in penalty totals. (3)
PORTLAND, Ore.—Omnicare Inc., a subsidiary of CVS Health and a provider of pharmacy services to long-term care facilities, has agreed to pay the United States a $15.3 million civil penalty to resolve allegations that it violated federal law by, among other things, allowing opioids and other controlled substances to be dispensed without a valid prescription.
The Cincinnati-based Omnicare operates “closed door” pharmacies – meaning they were not open to the public – that deliver controlled substances to nursing homes and other long-term care facilities (LTCFs). Omnicare makes daily deliveries of prescription medications to residents of LTCFs, and it also pre-positions limited stockpiles of controlled substances at LTCFs in “emergency kits,” which are to be dispensed to patients on an emergency basis. These emergency kits, which often include opioids and other controlled substances that are commonly abused and diverted, remain part of Omnicare’s inventory and must be tightly controlled and tracked. The controlled substances may be dispensed only pursuant to a valid prescription.
The United States alleged that Omnicare violated the federal Controlled Substances Act in its handling of emergency prescriptions, its controls over the emergency kits, and its processing of written prescriptions that lacked required elements such as the prescriber’s signature or DEA number. The federal investigation found that Omnicare failed to control emergency kits by improperly permitting LTCFs to remove opioids and other controlled substances from emergency kits days before doctors provided a valid prescription. The investigation also revealed that Omnicare had repeated failures in its documentation and reporting of oral emergency prescriptions of Schedule II controlled substances.
As part of the settlement agreement announced today, Omnicare agreed to pay the $15.3 million civil penalties and entered into a Memorandum of Agreement with the Drug Enforcement Administration that will require Omnicare to increase its auditing and monitoring of emergency kits placed at LTCFs.
Violation Tracker Parent Company Summary
Parent Company Name: CVS HealthOwnership Structure: publicly traded (ticker symbol CVS) Headquartered in: Rhode IslandMajor Industry: retailing Specific Industry: retail-pharmacies Penalty total since 2000: $1,142,975,146 Number of records: 399
| Top 5 Offense Groups (Groups Defined) | Penalty Total | Number of Records |
|---|---|---|
| government-contracting-related offenses | $581,754,656 | 31 |
| healthcare-related offenses | $280,534,290 | 28 |
| employment-related offenses | $102,159,719 | 68 |
| consumer-protection-related offenses | $98,108,493 | 207 |
| competition-related offenses | $44,650,000 | 6 |
| Top 5 Primary Offense Types | Penalty Total | Number of Records |
|---|---|---|
| False Claims Act and related | $581,754,656 | 31 |
| Controlled Substances Act violation | $276,792,500 | 16 |
| wage and hour violation | $92,284,460 | 52 |
| consumer protection violation | $47,996,239 | 31 |
| insurance violation | $44,787,043 | 169 |
ENFORCING TWO SETS OF DRUG LAWS IN AMERICA
For any law enforcement organization, enforcing the law can present difficult challenges. Each day of the week and with each raid, the DEA officers make choices as to which laws to enforce.
The DEA enforces two sets of laws: federal laws, and DEA laws. Under federal laws, there are constitutional laws and guidelines. Under the DEA laws, there are tacit laws. Yes, the DEA has its own court system. The DEA court serves the certified federal officers as an administrative court. What is so unique about the DEA courts is that criminal search warrants are signed by the DEA judge. When the items are seized, the hearing is an administrative hearing. What makes this so confusing is that there is no clear distinction between the enforcement of criminal laws and DEA laws.
The DEA created a law called corresponding responsibility under the Controlled Substances Act. This has created a legal and Constitutional dilemma.
This single-focused act by the DEA and its court system should be feared by every American. The constitution was not intended to be used to identify and attack particular groups of people. The DEA and its court system has created an unrestricted bias wherein this organization has yielded the power to act as they please.
This agency alone has created an unseen problem. When this mater becomes public, officers and administration should be prosecuted. The courts should classify the DEA system as dishonest and deceitful. Criminal attorneys should file complaints under Giglio, and every drug arrestee would be released from prison. The unethical and illegal practices of the DEA will one day come to light.
THE CONGRESSIONAL COMMITTEE ON GOVERNMENT OPERATIONS, COMMITTEE ON THE JUDICIARY, CONGRESSIONAL BLACK CAUCUS MUST BEGIN INVESTIGATIONS TO PUT AN END TO MEDICAL APARTHEID IN THE UNITED STATES OF AMERICA AND STOP THE TARGETING OF BLACK PHARMACIST AND DEFUND THE UNITED STATES DEPARTMENT OF DRUG ENFORCEMENT (DEA) IMMEDIATELY
FOR NOW YOU’RE WITHIN THE NORMS
END NOTES
- Booker T. Washington,
2. https://www.dea.gov/press-releases/2020/05/13/omnicare-agrees-pay-over-15-million-resolve-allegations-it-improperly…….Https://www.dea.gov/press-releases/2020/05/13/omnicare-inc-agrees-pay-mo…
3. https://violationtracker.goodjobsfirst.org/parent/cvs-health
