Attorney General’s Office investigation results in new pharmacy policy

INDIANAPOLIS – Indiana Attorney General Greg Zoeller’s office has recovered $400,000 for the state’s Medicaid program in a settlement with CVS Stores that resolves allegations CVS pharmacies submitted illegal billings for prescriptions to Medicaid for reimbursement.

Under the out-of-court settlement, Hook-SupeRx, also known as CVS Stores, agreed to pay the state $400,000 and agreed to inform its pharmacists and pharmacy technicians of their obligations required under the Medicaid’s Restricted Card Program or RCP.

“Prescription drug abuse by addicted patients is an epidemic problem in our state so it’s important that pharmacies comply with existing laws for responsible dispensing and billing. Those who submit false billings to the Medicaid program and are paid more than they are due will ultimately be required to repay the State of Indiana,” Zoeller said.

Through the Restricted Card Program, Medicaid patients whose drug usage indicates abuse are given limited access to prescriptions and only certain physicians are permitted to prescribe medications for them. Under the RCP, pharmacies typically will not receive reimbursement from Medicaid if a designated physician has not ordered the prescription for an RCP patient.

The Attorney General’s Medicaid Fraud Control Unit investigated allegations that certain CVS pharmacy stores circumvented the Restricted Card Program by filling prescriptions not written by RCP-designated physicians and submitting claims to Medicaid that falsely identified the prescribing doctors as being designated so that Medicaid would pay for the drugs. Claims submitted by various CVS pharmacies in Indiana were reviewed by MFCU for possible civil violations of the False Claim Act and other state laws. The settlement agreement encompasses claims CVS submitted from January 2001 to the present.

The $400,000 settlement announced this week resolves the allegations without CVS admitting liability and allows the state to recoup its ineligible reimbursement costs and investigation costs. CVS must institute a written policy program for its store pharmacists and pharmacy technicians to become compliant with the Restricted Card Program, now called the Right Choices Program.

Zoeller chairs the state’s Prescription Drug Abuse Task Force that has reviewed various issues regarding drug-seeking patients obtaining addictive prescription drugs to abuse or re-sell. Legislation recommended by the task force to create tighter oversight of pain-management clinics that prescribe drugs, Senate Bill 246, is currently pending before the Indiana General Assembly.

The Attorney General’s Medicaid Fraud Control Unit (MFCU) investigates ineligible claims submitted to the Medicaid program for reimbursement and takes legal action to recover funds. The public can report suspected Medicaid fraud or patient abuse or neglect by calling MFCU toll-free at 1-800-382-1039.

Sheila Huff, principal at Bosse High School, was notified recently that she is the recipient of this year’s Indiana Excellence in Education Award from AdvancED, the world’s largest education community and global leader of school accreditation and improvement. The award is presented in each state to one individual who has demonstrated unparalleled leadership in promoting and advancing excellence in education.

Huff, a 37-year veteran of the EVSC, is not aware of who nominated her for the award, but according to AdvanceED, the nomination letter states: “Mrs. Huff implements school reforms which provide an enhanced learning climate and culture for a professional community of teachers to exhibit their best through professional development and collaboration. This process creates a vital, hospitable learning culture which is instrumental to the learning process and fosters leadership in others as well. Once again, students reap the rewards of a quality education.”

Huff, who also serves on the AdvancED Indiana State Council, will be honored at the AdvancED fall conference on Oct. 7, in Indianapolis.

AdvancED is the world’s largest education community, serving more than 30,000 public and private schools and districts across the United States and in more than 70 countries that educate over 16 million students. AdvancED brings together more than 100 years of experience and the expertise of three US-based accreditation agencies — the North Central Association Commission on Accreditation and School Improvement (NCA CASI), Northwest Accreditation Commission (NWAC), and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (SACS CASI).

In his State of the Union address, President Barack Obama proposes policies that make things worse for the economy and worse for Americans:

•Higher government spending,
•More dangerously-high government. debt,
•Continued meddling in needless, costly foreign conflicts,
•More rules and regulations,
•Higher taxes,
•And more assaults on our freedom.

Despite whatever response Republican politicians serve up, their proposals — and their votes — do the same thing: Preserve and grow Big Government.

The Republicans say they want “limited government.” Limited to what? A $3.8 trillion federal budget? A nearly $5 trillion budget?

Look at the Republican budget plan crafted by Congressman Ryan. That’s what Democrats and Republicans are planning to raise spending to over the next 10 years. “Limited?”

Democratic and Republican politicians are planning to raise the debt from today’s $16-and-a-half TRILLION — to over $20 Trillion dollars. “Limited?”

How high does government spending and debt have to be before Democratic and Republican politicians say it’s too much? Will they spend until the economy literally collapses — while workers struggle year after year to find decent jobs?

While retirees are trapped in poverty? And the middle class disappears?

When politicians talk about “limited government,” it’s their way of covering up the fact that they refuse to cut government spending — and that they continually raise spending.

The Libertarian Party says: Stop over-spending. Stop borrowing. NEVER raise the debt ceiling. Balance the budget — not in 10 years. NOW. Just like families and businesses must do every day.

Then keep cutting — until we have a small, constitutional government that is truly limited to protecting our lives, liberty and property — and no more.

Less money for politicians — and more in the productive, private sector — is good for the economy. American workers and taxpayers will have more jobs, higher take-home pay and more savings.

Big Government Democrats and Republicans will try to scare you into believing they’d have to cut essential services. That’s a lie. They’re spending double what Democratic President Bill Clinton spent in the year 2000.

They claim that if they cut spending we’ll have fewer jobs. Another lie. Cutting government spending will create jobs. For every government worker who may get laid off, it will create TWO jobs in the private sector. Cutting government spending will result in a huge net jobs gain. Plenty of jobs for everyone who’s willing to work.

Big Government Democrats and Republicans will keep spending recklessly, raising your taxes, assaulting your liberties and raising government debt — as long as you let them get away with it.

What can you do to stop them?

What you say or write has no effect on the behavior of Big Government politicians.

But how you vote does.

The greatest power you have to stop Big Government — is your vote.

When you sit out the vote, or worse, when you vote for Big Government Democrats or Republicans, it empowers and emboldens them. What do you get? More Big Government.

When you vote small government, you’re changing the game. When you vote for small-government-Libertarian candidates, you’re throwing down the gauntlet. You’re demanding a stop to high taxes, bailouts and obscene government debt. You make small government, low taxes, low government spending, more jobs, and more freedom possible.

Remember when Ma Bell was the only game in town for telephones and telephone service? Cell phone technology had already been invented, yet we were stuck for decades with big, clunky rotary-dialed phones.

When we took away Ma Bell’s government-granted monopoly, we got portable phones, cell phones, smart phones, mobile tablets, and hundreds of new features. Real competition breeds progress.

Democrats and Republicans want a monopoly on elections, just like Ma Bell. They want you to believe your only choice is a Democrat or a Republican who will deliver clunky, wasteful, high-tax, high-debt, war-waging, freedom-fading, job-killing Big Government.

But you have a choice. You can vote Libertarian.

Libertarians say: Stop overspending. End phony stimulus bailouts. Eliminate hundreds of agencies and departments that do more harm than good. Downsize Big Government — now.

Libertarians say: Remove thousands of useless government regulations, so businesses can compete and thrive in a global economy — and create new jobs.

Libertarians say: Federal government central planning of education gives us higher costs, red tape and worse outcomes. We must end government central planning and return control of schools to parents, teachers and local communities.

Libertarians say: Repeal the failed and deadly War on Drugs. Leave people free — so long as they harm no one else. Restore our freedoms while dramatically reducing crime.

Libertarians say: Don’t just oppose the ridiculous anti-gun measures that Obama’s proposing — that Republicans are caving into. Repeal all life-endangering laws on the books that that disarm peaceful, law-abiding citizens so they’re free to stop and prevent violent crime and horrific shooting sprees. That’s how we’ll make our streets and our schools safe.

Libertarians say: Repeal and defund Obamacare — now. And, with it, get rid of a boatload of government agencies, laws and regulations that serve to enrich special interests — while driving Americans to bankruptcy. Get government out of the way so health care and medical insurance serve the needs of customers and deliver high-quality care at a fraction of today’s prices and premiums.

Libertarians say: Stop handing out subsidies to foreign dictators. Stop engaging in foreign wars. Ground the 3,000 drones that are flying around spying on Americans. Bring our troops home — out of harm’s way. Cut military spending, and promote peace.

Libertarians say: Cut taxes now. Permanently. Big, bold tax cuts that take money out of the hands of politicians and return it to the men and women who earned it.

The state of the union today is: We’re in trouble. Our economy, our freedoms and our safety are at risk because government is way, way too Big.

Big Government Democrats and Republicans made it this way. We must stop them from growing Big Government more, turn it around, and make it small.

The Libertarian Party and our candidates are working for much smaller government, low taxes, no more debt, peace — and freedom.

Is that what you want?

It’s possible — but only IF you stop voting for Big Government Democrats and Republicans.

And only IF you vote for small government.

The Libertarian Party is the only political party in American that is dedicated to boldly and immediately shrinking Big Government — making it small.

Over 15 million, 750 thousand votes were cast for Libertarian candidates in 2012 — the highest ever.

We’re growing. And we need to grow more. We need your help. Are you ready to act? To take back this country?

DANKS & DANKS
Attorneys at Law
1010 Sycamore Street
Evansville, IN 47708

February 11, 2013

I have been asked to give an opinion on the “legality and propriety” of the
Council using David Garrett’s services.

I have done so and find that Garrett’s services are NOT in contravention of
Federal, State or Local laws and the State Board of Accountancy’s
regulations.

In addition to my own research, I telephoned the Board of Accountancy’s
Compliance Officer, Brian Cusimano, who was quoted in the Courier & Press.
I explained to him the services being provided by Mr. Garrett and read to
him, verbatim, the Descriptions of Services provided in Mr. Garrett’s
Contract.

Mr. Cusimano stated that Garrett “absolutely did not” need to be a Certified
Public Accountant to perform the services and that his services were in no
way improper.

Moreover, Garrett’s Contract provides that “Garrett agrees to be bound by
all State and Federal laws and standards applicable to Certified Public
Accounts.regardless of the status of Garrett’s past or present Certified
Public Account License.” Thus, it is acknowledged in Garrett’s Contract
with the Council that he does not have to have a current CPA Certification.
Additionally, I find no improprieties relating to Garrett’s services.

Mr. Garrett graduated from college in 1980 with Honors. In 1985 he passed
his CPA exams and was Certified. He also became a CMA and TMP.

Because Mr. Garrett never served as a Public Accountant, he did not feel it
necessary to maintain his Certification and allowed them to expire in 1997.
AT NO TIME WERE GARETT’S CERTIFICATIONS REVOKED OR SUSPENDED
OR SUBJECT TO ANY OTHER DISCIPLINARY ACTION.

It should have been no surprise to anyone on the Council that Garrett did
not hold a current CPA Certification.

Mr. Garrett’s resume was submitted to the Council. In addition to providing
his employment and educational history, his resume reflects that he held the
“prior certifications”: CPA, CMA, PMP. His resume DOES NOT reflect any
current certifications.

Garrett has never referred to himself as a CPA in writing or otherwise nor
does CPA ever appear after his name in written communications.

The only reference to Garrett being a CPA is when Councilman Friend was
discussing his qualifications and, among many other things, stated that he
was a CPA. Councilman Friend inadvertently left out the word “was.” This
is the only time that anybody made referenced to Garrett’s Certification
status and there is absolutely no evidence of any attempts to mislead the
Council.

In speaking with Mr. Cusimano I learned that a “formal complaint” has not
been filed. Apparently, he was acting on a telephonic report of some type
of impropriety on Garrett’s part. He informed me that any investigation was
not even in the preliminary stage. After explaining all of the above to Mr.
Cusimano and the nature of Councilman Friend’s statement, he indicated that
he had not been provided with all the facts and indicated that he did not
feel that a violation had occurred.

It should also be noted that any complaints to the State Board of
Accountancy are to remain confidential until such time as wrong doing is
found pursuant to State statute. This Statute seems to have been violated
in Garrett’s case.

I believe that the State Board of Accountancy and the Evansville Courier &
Press have been duped by someone with malicious intent toward Mr. Garrett.

Mr. Garrett provides an invaluable service to the Council as well as to
myself as the Attorney for the Council. I have found him to be a brilliant
analyst and has been of a great assistance to me. Moreover, Garrett has
literally devoted several hundreds of hours of his time on behalf of the
Council that is above and beyond what is required by his contract without
compensation for these services.

I truly believe that the complaint to the Board of Accountancy and the
reporting to the Courier & Press was a malicious attempt to bully and
intimidate Mr. Garrett. I would sincerely hope that the Council would give
Mr. Garrett a unanimous vote of confidence at tonight’s meeting.

Scott A. Danks, Attorney at Law
for the Common Council of the City of Evansville

Footnote: This article was posted without editing, opinion or bias.

Reitz High School and Cynthia Heights Elementary School both qualified to compete at the State SeaPerch Competition scheduled for Saturday, April 6, in Dubois County. (An exact location is yet to be announced.) The two schools are among 64 teams that competed at the regional event earlier this month, and two of only 16 teams from both divisions from Southern Indiana to advance to the state level.

SeaPerch is an innovative underwater robotics program that trains teachers to teach their students how to build an underwater Remotely Operated Vehicle (ROV) in an in-school or out-of-school setting. Students build the ROV from a kit comprised of low-cost, easily accessible parts, following a curriculum that teaches basic engineering and science concepts with a marine engineering theme.

Reitz’s team is composed of freshmen Howard Yeh, senior Keith Mitchell and senior Bryan Mitchell. Students in Cynthia Heights’ team are Chesney Kosor and Reese Wines. In addition, two other teams from Cynthia Heights placed at the regional competitions, including placing first and second in the Sprint competition. A team from Delaware Elementary School placed fourth.

Winners of the state competition will be able to participate in the national event in Indianapolis this May. Last year a team from Scott Elementary School won first place in the middle school obstacle course event in Manassas, Virginia.