Health Care & Reproductive Rights

Attorney General Kamala D. Harris Applauds Passage of S.B. 1094

August 29, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Attorney General Kamala D. Harris today issued the following statement on the passage of Senate Bill 1094: 

“SB 1094 is about good public health policy that ensures choice and access to quality, affordable healthcare for underserved communities. I want to thank Senator Lara for introducing this bill and applaud the Assembly and Senate for passing this important legislation.”

Attorney General Kamala D. Harris Issues Statement on U.S. Supreme Court Ruling

June 30, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris issued the following statement on the U.S. Supreme Court ruling in Burwell v. Hobby Lobby:

“A woman’s access to quality, affordable preventive healthcare coverage should not depend on her employer’s beliefs. Every woman should be able to make healthcare decisions for herself and her family. I am deeply disappointed that the Court ruled to limit this important right.  

The decision also opens a perilous loophole that may enable private, for-profit companies to challenge other common-sense laws—including those that protect against discrimination—based on the religious beliefs of their shareholders or managers.”

In January 2014, Attorney General Harris was joined by 13 states and the District of Columbia to file a friend-of-the-court brief that urged the U.S. Supreme Court to overturn the decision by the U.S. Court of Appeals for the Tenth Circuit which held that for-profit businesses may exercise religion and therefore are covered by the Religious Freedom Restoration Act of 1993.

Attorney General Kamala D. Harris Secures $105 Million Multistate Settlement with GlaxoSmithKline

June 4, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris today announced a $105 million multistate settlement with GlaxoSmithKline, LLC (GSK) to resolve allegations that the company unlawfully promoted its asthma drug, Advair, and antidepressant drugs, Paxil and Wellbutrin. California’s portion of the settlement is the largest of any state, at $7,087,897.

For the first time in a settlement with a large pharmaceutical manufacturer, GSK is prohibited from providing incentive payments to its salespeople, which serve to encourage off-label promotion of drugs, and from using paid doctors to promote its products.

“Patient care is undermined when pharmaceutical companies promote uses for drugs that have not been approved by the FDA or pay medical professionals to promote certain drugs,” Attorney General Harris said. “This settlement requires GSK to pay a significant penalty and imposes strong new rules designed to prevent future misrepresentations of GSK products.”

The Complaint and Stipulated Judgment, submitted today to the San Diego County Superior Court, alleges that GSK violated state consumer protection laws by misrepresenting the uses and qualities of certain drugs. Specifically, GSK shall not:

  • Make, or cause to be made, any written or oral claim that is false, misleading, or deceptive about any GSK product;
  • Make promotional claims, not approved or permitted by the FDA that a GSK product is better, more effective, safer, or has less serious side effects or contraindications than has been demonstrated by substantial evidence or substantial clinical experience;
  • Present favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions, when presenting information about a clinical study regarding GSK products in any promotional materials;
  • Provide samples of GSK products to those health care professionals who are not expected to prescribe the sampled GSK products for an approved use, but who would be expected to prescribe the sampled product for an off-label use; or
  • Disseminate information describing any off-label use of a GSK product, unless such information and materials are consistent with applicable FDA regulations and FDA Guidances for Industry. 

The Stipulated Judgment also requires GSK to continue its Patient First Program at least through March 2019.  The Patient First Program reduces financial incentives for sales representatives to engage in deceptive marketing. In addition, the Judgment requires scientifically trained personnel to be ultimately responsible for developing and approving responses to health care provider questions and for these responses to be unbiased and non-promotional.

Forty-three additional states and the District of Columbia participating in the settlement include: Alabama, Arkansas, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.

Copies of the documents filed with the court are attached to the electronic version of this release at: http://oag.ca.gov/news

Attorney General Kamala D. Harris Files Amicus Brief in U.S. Supreme Court Supporting Access to Comprehensive Healthcare for Women

January 28, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris today filed a friend-of-the-court brief in the U.S. Supreme Court asking the court to strike down a lower court’s ruling that would allow for-profit companies to deny essential healthcare to female employees based on the religious beliefs of the company’s owners.

“Every American deserves access to quality, comprehensive healthcare,” Attorney General Harris said. “A woman’s access to essential services, including contraception, should not be restricted because of the religious views of her employer—particularly when the right to these services is protected under federal law.”

Attorney General Harris’ brief, co-authored by Massachusetts Attorney General Martha Coakley, urges the U.S. Supreme Court to overturn a ruling from the U.S. Court of Appeals for the Tenth Circuit in Kathleen Sebelius v. Hobby Lobby Stores, Inc. that held that for-profit businesses may exercise religion and therefore are covered by the Religious Freedom Restoration Act of 1993. The ruling would deny women coverage for contraception, which is protected under the Affordable Care Act (ACA) as a critical preventive service.

The brief further asks the Court to affirm the U.S. Court of Appeals for the Third Circuit’s ruling in a companion case (Conestoga Wood Specialties Corp. v. Kathleen Sebelius) that came to the opposite conclusion and held that for-profit companies could not claim religious exemptions from the ACA coverage requirement.

Thirteen states and the District of Columbia joined Attorney General Harris and Attorney General Coakley’s brief, including Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, New Mexico, New York, Rhode Island, Oregon, Vermont, and Washington.

“Measures adopted by States, and now the federal government, to expand affordable access to contraceptives through health plan coverage provisions are narrowly tailored to further compelling public interests in promoting gender equity and achieving significant health, social, and economic benefits,” the brief states.

A copy of the brief is attached to the electronic version of this release at oag.ca.gov/news.

AttachmentSize
PDF icon Brief164.49 KB

Attorney General Kamala D. Harris Issues Statement on U.S. Supreme Court Agreeing to Hear Affordable Care Act Case

November 26, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris today issued the following statement in response to the U.S. Supreme Court’s announcement that it will hear Kathleen Sebelius v. Hobby Lobby Stores, Inc.:

“Under the Affordable Care Act, all Americans have the right to access affordable, quality healthcare, including contraception,” Attorney General Harris said. “For profit companies should not be able to deny women access to healthcare based on the religious beliefs of the company’s owners. The 10th circuit ruling should be reversed by the U.S. Supreme Court.”

In October, Attorney General Harris filed a friend-of-the-court brief in the U.S. Supreme Court asking the court to take up this case and was joined by ten states including Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, New York, Oregon, Vermont, and Washington.

A copy of the first brief is attached to the electronic version of this release at oag.ca.gov/news.

AttachmentSize
PDF icon Filed Brief.pdf156.11 KB

Attorney General Kamala D. Harris Shuts Down Imitation ‘Covered California’ Websites, Provides Tips for Consumers

November 14, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced the removal of ten private health insurance websites that misled Californians by imitating Covered California, the state’s official insurance marketplace for the Patient Protection and Affordable Care Act (ACA). Attorney General Harris also released tips to help consumers avoid insurance scams.

“These websites fraudulently imitated Covered California in order to lure consumers away from plans that provide the benefits of the Affordable Care Act,” Attorney General Harris said. “My office will continue to investigate and shut down these kinds of sites. I urge Californians to avoid healthcare scams by visiting coveredca.com.”

In September, the California Attorney General’s office began an investigation into websites that imitate the state’s Covered California website (www.coveredca.com). Multiple website operators were sent cease and desist letters informing them that their websites were in violation of state law and demanding the immediate removal of the website or transfer of the domain name to the state’s official exchange.

These websites were operated by private health insurance brokers or companies that were not affiliated with Covered California. The websites have domain names similar to the state’s official healthcare exchange and contain unauthorized references to the official exchange’s trademarked logo and name. In several cases, websites used the phrases “Get Covered,” “Covered California” and “California Health Benefit Advisers.”

The California Affordable Care Act forbids individuals or entities from claiming to provide services on behalf of Covered California without securing a valid agreement with the State Exchange. (Gov. Code, § 100510.) State law also prohibits solicitations that falsely imply a governmental connection (Bus. & Prof. Code, § 17533.6), the use of a domain name that is confusingly similar to another entity (Bus. & Prof. Code, § 17525), making or disseminating untrue or misleading representations with the intent of selling goods or services (Bus. & Prof. Code, § 17500) and unfair competition through untrue or misleading advertising (Bus. & Prof. Code, § 17200).

To date, all website operators who have been contacted by the Attorney General’s office have complied, and the following websites have been either deactivated or redirected to the official exchange website:

www.californiabenefitexchange.com

www.californiahealthbenefitexchange.com

www.coveredcalifornia.com

www.shopinsuranceexchange.us

www.shopinsuranceservices.com

www.healthexchangeinsurance.com

www.shopforhealthcare.org

www.taxcreditinsurance.com

www.smallbusinesshealthoptionsprogram.com

www.stateexchanges.org

The California Health Benefit Exchange is charged with implementing the ACA and is the operator of California’s online health insurance marketplace known as Covered California. California consumers who purchase health insurance policies through this marketplace receive protections guaranteed by the ACA that may not exist in policies outside of the exchange.

Health insurance plans sold outside the official exchange on the individual market before January 1, 2014 do not qualify for federal subsidies and do not have the guarantees provided by the ACA’s consumer protection provisions. Major consumer protections include: no denials based on preexisting conditions; no rating differences based on factors other than age, geography, and family size; issuers may not impose any annual dollar limits for covered services; and all qualified plans must cover essential health benefits identified under the ACA.

The California Attorney General’s Health, Education and Welfare Section, in conjunction with Covered California and the California Department of Insurance, will continue to monitor these and other potentially fraudulent sites.

To avoid scams related to California’s health insurance marketplace, Attorney General Harris has released the following tips for consumers:

  • California’s only official health insurance marketplace is www.coveredca.com, which is where individuals, families and small businesses can get information, compare plans and enroll.
  • Be wary if you receive a call from a representative claiming to be a government official asking for your personal information like Social Security number or Medicare card number. You should not provide personal or financial information over the phone and should instead contact Covered California directly.
  • If you are approached by someone offering assistance from Covered California, verify that they are a Certified Enrollment Counselor by asking to see their required ID badge or by contacting Covered California directly.
  • Never pay someone for assistance with healthcare enrollment. Free enrollment assistance is available by contacting Covered California directly.
  • If you believe that you have been the victim of a scam, please report it by contacting Covered California directly or by filing a consumer complaint with the California Attorney General’s office at: http://oag.ca.gov/contact/consumer-complaint-against-business-or-company

To contact Covered California directly, call (800) 300-1506 or email consumerprotection@covered.ca.gov

Assistance by phone is also available in the following languages:

Arabic: 800-826-6317

Armenian: 800-996-1009

Chinese: 800-300-1533

Farsi: 800-921-8879

Filipino: 800-983-8816

Hmong: 800-771-2156nie

Khmer: 800-906-8528

Korean: 800-738-9116

Lao: 800-357-7976

Russian: 800-778-7695

Spanish: 800-300-0213

Vietnamese: 800-652-9528

Attorney General Kamala D. Harris Issues Statement on $2.2 Billion Settlement with Johnson & Johnson

November 4, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement, following the announcement that California joined with 45 states, the District of Columbia and the federal government in a $2.2 billion settlement with Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, Inc., over allegations of the companies’ unlawful marketing practices, including off-label promotion and kickbacks, to promote the sales of their atypical antipsychotic drugs, Risperdal and Invega.

California’s share of the national settlement is $89 million, which is the largest recovery ever for California from a national civil settlement regarding atypical antipsychotic drugs.

“Motivated by profit, these companies made false claims that jeopardized the health of California’s most vulnerable patients, including children and senior citizens—and left California taxpayers with the bill,” said Attorney General Harris. “Today’s record settlement reinforces the California Department of Justice’s commitment to rooting out this kind of greed wherever we find it.”

As part of this global resolution, the companies have agreed to resolve civil liabilities for their alleged unlawful conduct, which caused false and/or fraudulent claims to be submitted to Medi-Cal and improper Medi-Cal purchases. The complaint highlights practices by Johnson & Johnson and Janssen, including marketing to patient populations (children, adolescents and the elderly) for whom the drugs were not FDA approved and making false and misleading statements about the efficacy of these drugs.

To compensate the Medicaid programs, the companies will pay $1.114 billion as the combined federal and states’ share of the civil settlement for both drugs. After a statutory relator’s share is paid to the whistleblowers who brought the fraud to the attention of the government, the Department of Health Care Services will be reimbursed $44.5 million for losses incurred from the fraud; the remainder will go to support Medi-Cal fraud and enforcement efforts.

In addition, Janssen Pharmaceuticals, Inc. plead guilty to a criminal misdemeanor charge of misbranding Risperdal in violation of the Food, Drug, and Cosmetic Act.  As part of the criminal plea, Janssen has agreed to pay an additional $400 million in criminal fines and forfeitures.

The Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse investigates and prosecutes claims of Medi-Cal civil and criminal fraud, as well as allegations of elder abuse, such as physical assaults or financial theft.

Attorney General Kamala D. Harris Files Amicus Brief in U.S. Supreme Court in Support of Affordable Care Act

October 21, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris today filed a friend-of-the-court brief in the U.S. Supreme Court asking the court to review whether for-profit businesses may claim religious exemptions from a requirement under the Affordable Care Act (ACA) that employee health plans cover contraception. 

Attorney General Harris’ brief urges the U.S. Supreme Court to hear Kathleen Sebelius v. Hobby Lobby Stores, Inc., and asks the Court to overturn a lower court’s ruling that would allow two for-profit corporations to avoid full compliance with the law.

“Access to contraceptive services is critical to the health of women and infants; women’s economic and social wellbeing; and women’s opportunities to participate fully in society,” the amicus brief states.

Further, the brief argues that a lower court’s determination that for-profit corporations may assert religious exemptions to certain laws could interfere with enforcement of other important regulations that protect public safety, civil rights, social welfare, housing, employment and public health.

“The freedom of individuals to exercise the religion of their choosing is one of the most important values in our society, as reflected by its enshrinement in the federal Constitution. The federal government’s contraceptive coverage regulations under ACA respect that freedom through inclusion of appropriate exemptions, while also advancing the similarly compelling interests in public health and gender equality in access to health care. The court of appeals’ decision would upset that balance and threaten far-reaching impacts on the States beyond the issues presented by this action,” the amicus brief states.

Ten states joined Attorney General Harris’ brief, including Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, New York, Oregon, Vermont, and Washington.

The brief addresses a ruling from the United States Court of Appeals for the Tenth Circuit. 

A copy of the brief is attached to the electronic version of this release at oag.ca.gov/news.

AttachmentSize
PDF icon Filed Brief.pdf122.53 KB

Attorney General Kamala D. Harris Issues Guidelines to Health Care Industry on Medical Identity Theft

October 17, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today released guidelines on preventing and remedying medical identity theft, including best practice recommendations for the health care industry and tips for consumers.  The guidelines are part of a report, Medical Identity Theft: Recommendations for the Age of Electronic Medical Records, which frames the escalated migration to electronic medical records as an opportunity for the healthcare industry to address this problem.

“Medical identity theft has been called the privacy crime that can kill,” said Attorney General Harris. “As the Affordable Care Act encourages the move to electronic medical records, the health care industry has an opportunity to improve public health and combat medical identity theft with forward-looking policies and the strategic use of technology.”

Medical identity theft occurs when an individual uses someone else’s personal information to obtain medical goods or services. For example, a thief may use stolen information to submit fraudulent bills, a doctor or provider may use patient information to write fraudulent prescriptions or an individual may use someone else’s information to obtain treatment.

The report focuses on the impact of identity theft on the accuracy of medical records and argues that the serious risk that inaccuracies pose is not always adequately addressed by existing healthcare industry procedures.

A companion information sheet for consumers, First Aid for Medical Identity Theft, describes the signs of medical identity theft and provides tips on what to do in response. The signs of possible medical identity theft include notice of a data breach from a health care provider, an unknown item in an Explanation of Benefits from a health insurer, a call from a debt collector about an unfamiliar medical bill and questions about your identity or health conditions at intake in a doctor’s office or hospital.

Key recommendations for health care providers:

  • Implement an identity theft response program with clear written policies and procedures for investigating a flagged record.
  • Offer patients who believe they may be victims of medical identity theft a free copy of the relevant portions of their medical records to review for signs of fraud.

Key recommendations for insurers:

  • Make Explanation of Benefits statements patient-friendly. Include information on how to report any errors discovered.
  • Use automated fraud-detection software to flag suspicious claims that could be the result of identity theft.

The report can be found here: http://bit.ly/1eup6NO

The guide for consumers can be found here: http://bit.ly/1gnDICS

Attorney General Kamala D. Harris Applauds Governor for Signing Bill to Upgrade California’s Prescription Drug Monitoring Program

September 27, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today applauded Governor Jerry Brown’s signature of legislation she sponsored to upgrade and expand California’s prescription drug monitoring program.

The Department of Justice’s Controlled Substance Utilization Review and Evaluation System (CURES) program and Prescription Drug Monitoring Program (PDMP) allow authorized prescribers and pharmacists to quickly review controlled substance information and patient prescription history in an effort to identify and deter drug abuse and diversion.

“I applaud Governor Brown for signing this important piece of legislation, which allows us to strengthen a critical tool to fight prescription drug abuse in California," Attorney General Harris said.

Senate Bill 809 by Senator Mark DeSaulnier (D-Concord) will require all prescribers and dispensers to enroll in and use the system.

“SB 809 is an important step in fighting the prescription drug abuse epidemic,” Senator DeSaulnier said. “Governor Brown’s signature ensures sustainable funding for one of the Department of Justice’s most powerful tools in fighting prescription drug abuse. SB 809 prevents California going from first to worst when it comes to monitoring prescription narcotics. The funding for an upgraded CURES program is a small price to pay when so many lives are at stake.”

Attorney General Harris has worked hard to save the CURES program, which had its funding slashed to almost nothing when the Department of Justice took a $71 million budget cut two years ago. She formed a working group with interested parties to push for an improved prescription drug monitoring system.

SB 809 includes a small increase in the provider license fee of 1.16 percent to pay for the annual cost to operate the program and a one-time assessment on health care plans for the upgrade, which will modernize and improve the information gathering and sharing.

Current funding sources are insufficient to operate and maintain CURES.  If another source of funding is not identified, the program will be eliminated on July 1, 2013.