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National Hispanic Caucus of State Legislators Resolution Calls for Transparency for Patients in Prescription Drug Care

Representative Joseph E. Miro (DE)

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