WEBVTT - Something Far More Insidious.  Craig Gottwals talks to Armstrong & Getty

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<v Speaker 1>Right now, we're joined by good friend of the Armstrong

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<v Speaker 1>and Getty show, Craig got Walls, Craig the healthcare guru,

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<v Speaker 1>attorney at law, benefits expert about the sixty minutes slash

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<v Speaker 1>Washington Post story slash virtually everybody reporting on the generic

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<v Speaker 1>drug cartel deal, the overpricing of generic drugs as the

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<v Speaker 1>big drug manufacturers were working with each other to screw

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<v Speaker 1>you and me. Craig joins us, Hello, Craig, how are you, sir? Um? Well,

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<v Speaker 1>how are you? Gentlemen? Terrific? Is this one of those

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<v Speaker 1>deals where you were watching sixty minutes and screaming at

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<v Speaker 1>your TV? Or did they mostly get it right? Now?

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<v Speaker 1>You know, I both the Washington Post in sixty minutes

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<v Speaker 1>generally got this one right. But they don't. They don't

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<v Speaker 1>understand exactly why. And you get then when I was

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<v Speaker 1>when I was listening to your interview yesterday on the radio,

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<v Speaker 1>and you listen to no because you actually I think

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<v Speaker 1>one of you asked the question. One of you said,

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<v Speaker 1>why two thousand and twelves and lo what happened? And

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<v Speaker 1>and he you know, his his answer was legitimate, and

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<v Speaker 1>that well, Medicare and Medicaid are the largest purchases of healthcare,

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<v Speaker 1>and they moved incredibly slow, and they're not catching fraud,

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<v Speaker 1>which was accurate. But there was something far more insidious

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<v Speaker 1>going on that I didn't expect your reporter to know.

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<v Speaker 1>But okay, so this, this is why, all of a

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<v Speaker 1>sudden two thousand twelve, these companies started rigging the market

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<v Speaker 1>to raise the prices on generic drugs just because they

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<v Speaker 1>wanted to make more money. Why did it happen then, Well,

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<v Speaker 1>it happened in two thousand twelve, and more importantly, the

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<v Speaker 1>reason it started to not be caught in two thousand

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<v Speaker 1>twelve was if you recall, um, we had a small,

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<v Speaker 1>little forty page regulation, federal law that mainly took effect

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<v Speaker 1>in two thousand twelve. We affectionately called that Obamacare. Hence

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<v Speaker 1>the artists that used to be known as Craig the

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<v Speaker 1>Obamacare lawyer. Um. Deep within, that's right, deep within, darkest,

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<v Speaker 1>dankest Obamacare is a price control mechanism. It's referred to

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<v Speaker 1>as the Medical Lost Race You mandate or MLR mandate.

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<v Speaker 1>And what that says, in effect is if an insurance

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<v Speaker 1>carrier takes a hundred dollars from you, they have to

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<v Speaker 1>spend eighty five of those dollars on medical claims, and

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<v Speaker 1>they only get to keep fifteen percent of those dollars

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<v Speaker 1>to pay their expenses and their profit margin. So it's

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<v Speaker 1>a price control mechanism. Okay. And in the past, prior

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<v Speaker 1>to Obamacare, insurance carriers used to care about keeping costs

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<v Speaker 1>down because the lower they kept cost, the more profit

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<v Speaker 1>they can they could keep, the more they could compete

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<v Speaker 1>on price with their competitors. However, once you put this

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<v Speaker 1>MLR mandate in their handcuffed, it's basically so simple as

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<v Speaker 1>to say, whatever you think this customer's claims are going

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<v Speaker 1>to be next year, you price their premium as fifteen

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<v Speaker 1>percent more than claims, and all you can keep is

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<v Speaker 1>fifteen percent. And oh, by the way, if you screw

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<v Speaker 1>up and you actually end up keeping seventeen percent, you

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<v Speaker 1>have to rebate two percent back to the policy holders.

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<v Speaker 1>So it's nothing but a price control mechanism. Now, if

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<v Speaker 1>you all your child you're only allowed thirty percent of

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<v Speaker 1>a bowl of ice cream, are they going to reach

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<v Speaker 1>for the large bowl or the small bowl? Right? Go on,

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<v Speaker 1>They're they're gonna grab for the large bowl, right so

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<v Speaker 1>there to spend more. It's an it's an incentive for

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<v Speaker 1>the insurance carriers to look the other way when claims

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<v Speaker 1>are higher, because they're only going to get to keep

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<v Speaker 1>more than claims. So if claims is a bigger number,

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<v Speaker 1>they're cool with it. So my starting go ahead. Well,

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<v Speaker 1>I was gonna say, so, is this a um the

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<v Speaker 1>people who wrote Obamacare? Did they know this was going

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<v Speaker 1>to happen and they were paid off or cool of it?

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<v Speaker 1>Or is this just one of those unintended consequences we

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<v Speaker 1>thought we the world and we just we're just smart

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<v Speaker 1>enough to figure out how we were going to get gamed.

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<v Speaker 1>Oh that's it that it's absolutely the latter. This is

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<v Speaker 1>a no good deed goes unpunished. Anybody who tries to

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<v Speaker 1>create a utopian heaven on earth always screws up. Well,

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<v Speaker 1>and this is go ahead, finish your your thought. Well

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<v Speaker 1>this is it. I mean you, when this first came out,

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<v Speaker 1>a lot of us even thought, well, that's not a

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<v Speaker 1>bad idea to keep, you know, to make sure that

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<v Speaker 1>insurance companies aren't those evil insurance companies aren't profiting more

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<v Speaker 1>than they should. But what happened was the unintended consequence

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<v Speaker 1>was oh okay, well then we don't really care about

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<v Speaker 1>fraud or customer service or airs or high claims. So

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<v Speaker 1>whereby prior to you would have had insurance carriers screaming

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<v Speaker 1>at the top of their lungs if they saw drug

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<v Speaker 1>manufacturers Quinn tupling the price of a of a generic

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<v Speaker 1>drug overnight after insurance companies really didn't care. In fact,

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<v Speaker 1>some of them might have saw it and thought, that's fine,

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<v Speaker 1>we can just price that much higher. That is clearly

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<v Speaker 1>a key, if not the key part of this whole story. Absolutely,

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<v Speaker 1>but it wasn't comfortable for the left leaning reporters to

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<v Speaker 1>dive into that, or perhaps they just didn't know. But yeah, obviously,

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<v Speaker 1>so the insurance companies are thinking, great, we get of

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<v Speaker 1>a much larger number. Go ahead and jam, jam people

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<v Speaker 1>all you want. We get more money that way. Craig

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<v Speaker 1>god Laws is Craig the healthcare guru. This is a

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<v Speaker 1>perfect time to reintroduce to folks who aren't familiar with it,

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<v Speaker 1>the term rent seeking, which is when you get government

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<v Speaker 1>involved in all these things, and these bureaucrats think they're

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<v Speaker 1>so clever and they try to build their utopia through

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<v Speaker 1>thousands of pages long legislation. The experts go to work

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<v Speaker 1>and between fifteen minutes and six months later, they figure

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<v Speaker 1>out how to game the system. So instead of spending

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<v Speaker 1>their time and energy to innovate, to better serve their customers,

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<v Speaker 1>to do their jobs better, they spend their time and

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<v Speaker 1>energy figuring out how to game the system and how

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<v Speaker 1>to rip off the government. You see it in folks

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<v Speaker 1>who came over from the Soviet Union. They are so

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<v Speaker 1>good at gaming the system because that was the most

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<v Speaker 1>important life skill. Yeah, that's well said, that's exactly right,

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<v Speaker 1>and and it's on the drug. So this is carriers, right, Okay,

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<v Speaker 1>so you know you say, well, who should have seen this?

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<v Speaker 1>You guys asked the question, Well, carriers would have seen this.

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<v Speaker 1>But see now you created a system where carrier don't care. Now,

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<v Speaker 1>even more insidious, you probably had very very smart generic

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<v Speaker 1>drug manufacturers pouring through Obamacare and realizing, wait a minute,

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<v Speaker 1>carriers aren't going to be as sensitive when we increase

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<v Speaker 1>prices because that just means their profits can go up

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<v Speaker 1>to So I don't think it's any accident that this

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<v Speaker 1>all started in Yeah, and obviously, like the first time,

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<v Speaker 1>the race prices and nobody said anything, and then you

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<v Speaker 1>all got to get them raise prices again even further,

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<v Speaker 1>and nobody said anything. Pretty soon you caught on, Hey,

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<v Speaker 1>we there's no market force stopping us from doing this,

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<v Speaker 1>no market force, are legal force stopping us from doing

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<v Speaker 1>So what do you expect to do with this? What

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<v Speaker 1>do you expect to happen now? I mean, now that

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<v Speaker 1>the jig is up, if this lawsuit ends up ending

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<v Speaker 1>up the right way, will generic drug prices just collapse overnight?

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<v Speaker 1>Because I mean they jammed them up for no reason

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<v Speaker 1>other than pure profit. Yeah, they're gonna drop. They're gonna

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<v Speaker 1>drop precipitously. Jack. I I heard your frustration with that

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<v Speaker 1>question yesterday too. And the only the only mechanism in

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<v Speaker 1>place that would that would cause them to maybe not

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<v Speaker 1>drop as dramatically as we would like, is that um

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<v Speaker 1>drug prices in general are the fastest growing component of

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<v Speaker 1>healthcare prices. So they're going up at twenty five percent

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<v Speaker 1>per year. Generic Yeah, generics aren't quite that bad. They're

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<v Speaker 1>more like ten percent per year. So if we've got

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<v Speaker 1>an inflation effect, a natural inflation effect of ten percent

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<v Speaker 1>per year going back to when when now seven years later,

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<v Speaker 1>we dropped those prices, we're not going to drop them

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<v Speaker 1>as low as they were in maybe you know, halfway

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<v Speaker 1>back kind of saying, so listen, we're running running out

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<v Speaker 1>of time, but let's spend like sixty seconds on this,

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<v Speaker 1>because I have a feeling you're familiar with this. I

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<v Speaker 1>just became hip to it when I can't remember. A

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<v Speaker 1>listener or somebody pointed it out to us that one

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<v Speaker 1>of the reasons a drunk drug company gets exciting new

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<v Speaker 1>approval lad for instance, you know, we'll call it uh

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<v Speaker 1>uh you know Armstrong and Gettysia, which has been a

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<v Speaker 1>baldness treatment. Turns out it helps with dry eyes. It

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<v Speaker 1>increases the tearing of your eyes. So they've sought FDA

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<v Speaker 1>oval as a dry eye remedy. That's to keep it

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<v Speaker 1>from going generic. I didn't know that, right. If they

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<v Speaker 1>if they can, if they can discover another valid purpose

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<v Speaker 1>for that drug, they can they can gain another allotment

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<v Speaker 1>of whatever it is six to eight years, where they

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<v Speaker 1>can keep it as a brand name drug under that

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<v Speaker 1>purpose as well. Now, and so I could see as

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<v Speaker 1>a drug company and their way ahead of me on this.

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<v Speaker 1>Obviously they do it for a living, but identifying a

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<v Speaker 1>side effect that some people might want it gives you.

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<v Speaker 1>It gives you hives. Some people like it gives you

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<v Speaker 1>severe headaches. What if you've never had a headache and

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<v Speaker 1>you wonder, what are they like my room hauler highs

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<v Speaker 1>Jack Exactly So Craig the healthcare guru, Craig got Walls.

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<v Speaker 1>If you need help with benefits for your largish company,

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<v Speaker 1>is happy to help you out at what benefit underscore

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<v Speaker 1>Revolution Revolution Revolution dot com. That's the one, I'm sure

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<v Speaker 1>of it. Or just email us we'll put you in touch. Craig.

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<v Speaker 1>It's always enlightening. Thanks budd Thank you, gentlemen. We'll talk

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<v Speaker 1>to you later. While so drugs, even on their own,

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<v Speaker 1>are going up per year. That's incredible. There are just

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<v Speaker 1>so many examples of these well meaning government policies that

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<v Speaker 1>are going to rein in these big, mean corporations. But

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<v Speaker 1>they find their way around it moments later. But those laws,

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<v Speaker 1>with all their unintended consequences and their costs and their

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<v Speaker 1>restrictions on freedom, they stick around forever. You know, there

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<v Speaker 1>there are solutions to America's health care problems. Gigantic one

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<v Speaker 1>size fits all ish legislation, that's not it.