OptumRx Agrees to Pay $20M to Resolve Allegations that It Filled Certain Opioid Prescriptions in Violation of the Controlled Substances Act

 

OptumRx Inc., a prescription drug benefit provider, has agreed to pay $20 million to resolve allegations that it improperly filled certain opioid prescriptions in violation of the Controlled Substances Act.

The settlement resolves an investigation initiated by the Drug Enforcement Administration (DEA) into whether, between April 2013 and April 2015, OptumRx improperly filled certain opioid prescriptions in combination with other drugs such as benzodiazepines and muscle relaxants, commonly referred to as “trinity” prescriptions. The United States alleged that these combination prescriptions, which OptumRx filled primarily from a mail order pharmacy location in Carlsbad, California, raised “red flags” indicating that the prescriptions may not have been intended for legitimate medical use and could lead to abuse or diversion of highly addictive and powerful opioids. The United States also contended that these trinity prescriptions carry significant risk of harm and that these red flags must be resolved prior to filling a controlled substance prescription. During the course of its investigation, the government alleged that OptumRx received numerous trinity prescriptions that raised red flags but filled those prescriptions without always resolving the red flags.

OptumRx reports that the company has instituted enhanced protocols in handing opioid prescriptions since 2017 to reduce the number, dose and duration of opioid prescriptions it dispenses. OptumRx also reports that it instituted more robust concurrent drug utilization review procedures to assist in identifying and not filling prescriptions for dangerous opioid combinations and excess dosing. During the course of the government’s investigation, OptumRx also closed its mail order pharmacy operations in Carlsbad, California.

“Pharmacies providing opioids and other controlled substances have a duty under the Controlled Substances Act to ensure that they fill prescriptions only for legitimate medical purposes,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to work with its law enforcement partners to ensure that pharmacies do not contribute to the opioid addiction crisis.” 

“Pharmacies are the last line of defense protecting the public from potentially dangerous and addictive medications,” said U.S. Attorney Tara McGrath for Southern District of California. “Combating the opioid crisis on all fronts includes holding pharmacies accountable if they shirk any part of the responsibilities required in filling prescriptions for potentially harmful drugs.”

“DEA registrants have an obligation to protect the public, not help fuel the opioid epidemic,” said Assistant Administrator Thomas W. Prevoznik of  the DEA Diversion Control Division. “The trinity style prescription combination helped fuel the start of the opioid addiction crisis and raises a red flag, which this registrant should have recognized and reacted to rather than putting profits before patients’ safety.”  

DEA’s Office of Diversion Control, San Diego Division Office conducted the investigation.

Assistant U.S. Attorneys Joseph Price, Dylan Aste, Betsy Boutelle and Colin McDonald for the Southern District of California and Trial Attorneys Scott B. Dahlquist and Brandon Robers and Assistant Directors Rachael Doud and Gabriel H. Scannapieco of the Civil Division's Consumer Protection Branch represented the United States.

This is the second substantial resolution of an opioid related investigation announced by the Justice Department in recent months. Late last year, the department announced a $12 million resolution and consent decree involving Droguería Betances LLC, one of Puerto Rico’s largest drug distributors. In that case, the United States alleged that Betances failed to report to the DEA hundreds of “suspicious orders” for opioids and other controlled substances distributed to Betances’ pharmacy customers.

The claims resolved by the settlement agreement announced today are allegations only. And there has been no determination of liability.

Governor Hochul Announces More Than $11 Million Available to Enhance Resiliency in the Face of Extreme Weather

Funding Through FEMA’s Hazard Mitigation Grant Available to Local Governments and Certain Non-Profits for Projects Aimed at Reducing Impacts of Future Extreme Weather Events

Eligible Entities Can Now Apply through September 13, 2024

Governor Kathy Hochul announced more than $11 million in federal funding is now available to local governments and certain non-profits statewide to support projects aimed at enhancing resiliency and reducing the impact of extreme weather events. The funding, made available through FEMA’s Hazard Mitigation Grant Program, was reserved for New York following President Biden’s Major Disaster Declaration following September 2023's extreme weather event during which more than eight inches of rain fell in parts of Brooklyn and more than six inches of rain fell in parts of Nassau and Westchester counties in a 24-hour period. Since 2012, New York has received nearly $2 billion in Hazard Mitigation Grant funding to support more than 220 projects statewide.

“From heat waves to historic flooding, we are living in a time of record-breaking weather events which have left many regions across New York State in need of repair,” Governor Hochul said. “This funding will help to fortify our infrastructure and communities, making them more resilient in the face of climate change.”

Following a Presidential disaster declaration, FEMA provides funding via its Hazard Mitigation Grant Program for states to administer grant programs to support local hazard mitigation planning and long-term hazard mitigation measures to reduce the loss of life and to improve property damaged by natural disasters. Local governments and certain non-profits that perform government-like functions are eligible to apply for these grants.

The State Division of Homeland Security and Emergency Services will review applications and provide technical assistance to applicants upon request. The application period is currently open until September 13, 2024. More information on how to apply for funding and the HMGP process is available on the Division of Homeland Security and Emergency Services website.

This announcement builds on Governor Hochul’s comprehensive resiliency plan announced in her 2024 State of the State, $5.5 billion in water quality infrastructure funding since 2017, the $4.2 billion Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022, and another year of record funding of $400 million for the State’s Environmental Protection Fund (EPF). In addition, the Department of Environmental Conservation (DEC) and NYSERDA are leading the development of an Extreme Heat Action Plan that will focus on addressing extreme heat impacts in disadvantaged communities, areas of employment, and recreational zones across the State.

Under this program, eligible entities statewide can apply to receive funding to cover up to 75 percent of costs for projects that enhance resiliency and reduce the impacts of future extreme weather. Projects in the three counties impacted by the flooding – Kings, Nassau and Westchester – will be prioritized using criteria such as direct risk reduction to vulnerable populations, projects which address climate change and resiliency in consideration of future impacts, projects that mitigate risk to critical infrastructure and repetitive loss structure and projects which support utilities or critical facilities.

State Senator Gustavo Rivera - Statement on the Supreme Court’s Decision on the Purdue Pharma Settlement

 

State Senator Gustavo Rivera released the following statement following the Supreme Court of the United State's Decision in Harrington v. Purdue Pharma L.P.

“The Supreme Court decision means New York won't receive an expected $200 million from the settlement with Purdue Pharma and prolongs the wait for grieving families. I'm glad the Sackler Family can now be held liable for profiting off drugs that spurred the opioid and overdose epidemic plaguing the United States. I trust that New York State Attorney General James will work to negotiate even more than the original settlement as reconciliation for the damages caused so we can further invest in proven services that will help keep New Yorkers alive and get them into recovery.”

DEC Reminds Visitors to Focus on Safety as Summer Hiking Season Begins

 

Being Prepared Before Heading Out is the Best Way to Ensure Arriving Home Safely

New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar reminded visitors to New York's outdoor spaces to focus on safety before heading out to outdoor adventures in the State's wild and beautiful destinations. As this summer's recreational season begins, DEC continues to advance actions to promote public safety and improve visitor experience.

“Planning ahead before heading out to the Adirondacks or Catskills is the safest way to enjoy the beautiful hiking opportunities New York State has to offer,” Interim Commissioner Mahar said. “With the summer heat comes a greater need for food and water to stay hydrated and healthy out on the trails. DEC reminds hikers that preparing for changing weather conditions, being air quality aware, and knowing how to hike safely in all conditions is the best plan to ensure a safe arrival home.”

Visitation to State Forest Preserve lands is typically highest during the summer months. In partnership with State agencies, local municipalities, and private entities, DEC is working to protect public safety, improve the visitor experience, and safeguard sensitive ecosystems. Using recommendations outlined by the High Peaks Strategic Planning Advisory Group (HPAG) and Catskills Strategic Planning Advisory Group (CAG), as well as input from local and community partners and outdoors enthusiasts, New York State continues to implement new strategies and adaptively manage the ongoing safety and resource needs of both Forest Preserve regions. For more information, visit DEC Announces Suite of Actions to Protect Public Safety and Promote Sustainable use of State Lands on DEC's website.

Be Prepared

Wear proper gear and attire, including sturdy, comfortable boots and:

• Moisture-wicking synthetic fabrics that keep your skin dry and help regulate your body temperature in both cold and warm weather - avoid cotton as it holds moisture;
• Layered clothing is recommended even for summer hikes;
• Light-colored clothing, which will make it easier to see ticks
• Waterproof, sturdy, and comfortable shoes or boots (no flip-flops);
• A watch or other time-keeping device;
• Trekking poles will reduce leg fatigue and joint pain; and
• Snowshoes and traction devices in the winter.
  

Hikers and others heading outdoors should always let someone know where they are going, when they plan to return, and should provide updates if there are any changes to the plan. Anyone heading out needs to be realistic about their fitness and skill level and not overestimate their abilities or underestimate the weather conditions.

 

AIR QUALITY

Before heading out, Be Air Quality Aware! DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter (PM2.5), are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern.

 

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website (PM 2.5) / DOH's website (ozone). A new DEC fact sheet about the Air Quality Index is also available on DEC’s website or by PDF download https://dec.ny.gov/sites/default/files/2024-05/aqiweb.pdf. 

PARKING

Make a plan before heading out! DEC is sharing weekend parking and reservation status via @NYSDECAlerts on X and DEC's website. In addition, the New York State Department of Transportation’s 511 traffic management system will note when certain parking locations on Route 73 reach capacity and provide information about the Adirondack Mountain Reserve’s parking reservation system. Visitors are encouraged to check these resources before and during travel to make adjustments if parking availability changes. First-come, first-served parking lots at popular trailheads and roadside destinations in both the Adirondacks and Catskills often fill quickly and early, leaving some visitors to find alternate parking or new destinations entirely.

10 Hiking Essentials

Carry these essentials in a day pack on all hikes for a safe and enjoyable experience.

NAVIGATION

• Map
• Compass
• GPS system
• Extra batteries

INSULATION/RAIN GEAR

• Waterproof/windproof jacket
• Hat
• Gloves
• Thermal undergarments (pack extra)
• Wool socks (pack extra)
• Goggles - Winter
• Face mask – Winter

LIGHT

• Headlamp
• Flashlight
• Lanterns
• Extra batteries

FIRST AID SUPPLIES

• Use a pre-made kit or build your own

EMERGENCY KIT

• Whistle
• Signal mirror
• Duct tape
• Pocket knife/multi-tool, etc.
• Bright colored cloth

FIRE

• Matches in waterproof container
• Lighter
• Fire starters

NUTRITION

• Choose high protein and high calorie items
• Pack extra food

WATER

• Pack at least 2 liters per person
• Carry more than you think you will need
• Water filtration or purifying system

SUN and INSECT PROTECTION

• Sunglasses
• Sunscreen
• Hat
• Bug Repellent
• Bug Net

EMERGENCY SHELTER

• Tent
• Space Blanket
• Tarp
  

Those planning a trip should consider going with at least one other person. Hiking alone can be dangerous. Also monitor trail conditions before arrival and during planned hikes. Trail condition resources include: Adirondacks area; Catskills area; Finger Lakes area. These and many more hiking safety tips are on the DEC's Hike Smart website.

New Yorkers are encouraged to Love Our New York Lands all year by practicing Leave No Trace^TM principles and by recreating safely, sustainably, and hiking in suitable conditions based on weather and experience level.

MAYOR ADAMS AND SPEAKER ADAMS ANNOUNCE FULL RESTORATION OF LIBRARIES, CULTURAL INSTITUTIONS IN UPCOMING FISCAL YEAR 2025 BUDGET

 

New York City Mayor Eric Adams and New York City Council Speaker Adrienne Adams announced the full restoration of funding to libraries and cultural institutions in the upcoming Fiscal Year 2025 Budget. A total of $58.3 million will be restored to the three New York City public library systems, while $53 million will be restored to cultural institutions through the Cultural Institutions Group and Cultural Development Fund recipients.

 

“Since day one, our administration has been laser focused on delivering for working-class New Yorkers and by working side-by-side with our partners across the hall, we are proud to announce a full restoration of funds to both our libraries and cultural institutions in the upcoming budget. These institutions are a critical part of New York City’s social fabric, which New Yorkers depend on for their children’s growth and the vibrancy of our city. The budget will ensure these essential institutions will have what they need to serve New Yorkers and attract visitors every day of the week,” said Mayor Adams. “With this announcement, we are confident that we are at the end of a productive budget process and look forward to delivering an on-time, balanced budget that invests in the programs and initiatives that our city’s residents care about and that make our city safer, more affordable, and more livable. Thank you to Speaker Adams and our partners in the City Council for joining with us to invest in the future of our city.”

 

“Our arts and cultural institutions and libraries are foundational pillars of our city, and New Yorkers depend on their services every day,” said Speaker Adams. “The Council has consistently championed funding restorations for these institutions as a top priority, and we’re proud to reach an agreement with Mayor Adams and the administration to successfully secure these critical investments for them in the city budget. Thanks to the Councilmembers and New Yorkers across the city who fought for this, and to the Adams administration for arriving at this important agreement for the city with us.”