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National
Hispanic Caucus of
State Legislators
Resolution Calls for
Transparency for
Patients in
Prescription Drug
Care
WHEREAS, across the
U.S., many insurance
companies are taking
steps to encourage
physicians and
patients to switch
medicines based
increasingly on cost
considerations, and
perhaps without
appropriate regard
for what the best
treatment option is
for each individual
patient; and
WHEREAS, FDA-approved
generics are safe
and effective, and
often represent an
opportunity for much-needed
health care cost
savings; and
WHEREAS, patients
assume that
physicians base
treatment decisions,
including
prescriptions, on
their clinical
expertise and
ethical guidelines;
and
WHEREAS, the doctor-patient
relationship relies
on the confidential,
honest, and
transparent exchange
of information; and
WHEREAS, physicians
receiving financial
incentives to
prescribe certain
medications violates
the relationship
when patients are
not informed of said
physician’s
financial
incentives; and
WHEREAS, the
National Hispanic
Caucus of State
Legislators hereby
recognizes that
patients should be
notified by their
prescribing
physician if said
physician receives
financial
compensation for the
interchange or
substitution of said
patient medication
(be that therapeutic
or generic) and;
NOW THEREFORE BE IT
RESOLVED by the
NHCSL Executive
Committee assembled
on November 17,
2007, in Miami,
Florida, that NHCSL,
encourages each of
the States to enact
the most appropriate
steps to ensure the
utmost transparency
when physicians
receive financial
compensation for
clinical decisions.
BE IT FINALLY
RESOLVED that the
Caucus adopts the
position that a
physician receiving
financial
compensation for his
or her decision may
not interchange a
patient’s medication,
brand, or generic,
without prior
notification to the
patient, or the
patient’s parent,
legal guardian or
spouse.
This
resolution was
adopted on November
17, 2007, at the
NHCSL Annual
Executive Committee
Meeting held during
the NHCSL 5th
National Summit in
Miami, Florida.
Sponsored
by: Representative
Joseph E. Miro (DE)
Assemblyman
Felix W. Ortiz (NY)
NHCSL
President
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