Sam Olens - Georgia Attorney General

Senate Unanimously Approves Sweeping Revision of Georgia Sunshine Laws

admin — Wed, 28 Mar 2012 00:29:20 +0000

The Georgia Senate has unanimously approved HB 397, the proposed re-write to
improve Georgia’s Open Records and Open Meetings Laws. The legislation,
sponsored by Representative Jay Powell, will return to the House of
Representatives for final approval before it heads to the Governor’s desk.

Attorney General Sam Olens began working with the bill sponsor and stakeholders on the first
significant revision of Georgia’s Open Meetings and Open Records Laws in more than a
decade shortly after taking office in January 2011. He applauded the Senate’s
passage of the bill today.

“The legislation passed by the Senate today makes great strides towards
increasing government transparency in Georgia,” said Olens. “It
strikes the right balance between ensuring that government is accessible to all
Georgians and protecting the confidentiality of sensitive information. I thank
Lieutenant Governor Casey Cagle, President Pro Tempore Tommie Williams, Senate
Majority Leader Chip Rogers, Senate Rules Committee Chairman Don Balfour and
Senate Judiciary Committee Chairman Bill Hamrick for allowing the Senate to
consider HB 397. I also appreciate the leadership and hard work of Senator
Charlie Bethel in shepherding the bill through the Senate. I look forward to
working with Representative Jay Powell on final clearance in the House.”

Day 2 of Supreme Court Healthcare Oral Argument

admin — Wed, 28 Mar 2012 00:26:51 +0000

This morning, the Supreme Court heard two hours of argument on the constitutionality of the individual mandate—the requirement that individuals obtain health insurance or face a financial penalty. Georgia, along with fellow plaintiffs, argues that Congress lacks constitutional authority to force individuals who are not participating in the insurance market to enter the market and purchase a government-prescribed insurance product. Click here for a transcript of today’s argument.

Authority that is not expressly granted to the federal government by the Constitution is left to the states. Nowhere in the Constitution is the federal government given the jurisdiction to force an individual to participate in commerce. If the individual mandate, the linchpin of the law, is not stricken, there are no conceivable limits on federal power. The idea that the federal government can compel individuals to purchase a product is a radical one and is completely at odds with the Constitution and principle of federalism.

I will be attending the final day of oral arguments in the Supreme Court tomorrow. Tomorrow’s schedule is as follows:

Wednesday, March 28, 10 a.m. and 1 p.m.
- At 10 a.m., the Court will hear 90 minutes on the issue of severability.
- At 1 p.m., the Court will hear one hour of argument on expansion of Medicaid programs.

The Court is expected to issue a decision by the end of June 2012. For more information on the health care lawsuit, please visit http://www.healthcarelawsuit.us.

Today’s Supreme Court Healthcare Oral Argument

admin — Tue, 27 Mar 2012 01:02:32 +0000

I was honored to be present today as the U.S. Supreme Court heard the first of three days of oral arguments on the constitutionality of the Patient Protection and Affordability Care Act. The topic of today’s argument was the federal Anti-Injunction Act and whether or not it prohibits the plaintiffs from bringing a challenge to the individual mandate at this time. Georgia, the fellow plaintiff states, and the National Federation of Independent Business contend that the individual mandate issue may be resolved now without having to await the assessment of penalties under the Act.
We do not need not wait until 2014 when the penalties mandated by the President’s federal healthcare plan begin to take effect. The issues at stake are too significant to delay a decision from our Nation’s highest Court.

Click here for a transcript of today’s argument.

The remaining schedule of arguments is as follows:

Tuesday, March 27, 10 a.m.
- The Court will hear two hours of argument on the constitutionality of the individual mandate.
Wednesday, March 28, 10 a.m. and 1 p.m.
- At 10 a.m., the Court will hear 90 minutes on the issue of severability.
- At 1 p.m., the Court will hear one hour of argument on expansion of Medicaid programs.

The Court is expected to issue a decision by the end of June 2012. For more information on the health care lawsuit, please visit http://www.healthcarelawsuit.us/.

AG Sam Olens to Represent GA at Supreme Court Healthcare Argument Monday

admin — Fri, 23 Mar 2012 22:10:31 +0000

I am pleased to represent Georgia on Monday as the entire nation watches this historic healthcare reform suit reach the highest court of our country. I, along with 25 other attorneys general, the National Federation of Independent Business and four individual plaintiffs will begin oral arguments to defend Americans’ individual liberty before the U.S. Supreme Court. The Supreme Court has allotted an unprecedented six hours of time for oral argument, which will conclude on Wednesday, March 28. Paul Clement, former U.S. Solicitor General, will argue on behalf of the states. I have the honor of being only one of six attorneys general present for Monday’s argument.

This case raises the most consequential Constitutional question of our lifetime: whether or not the Congress has the power to force individuals to purchase a product. The Constitution clearly places limits on the authority of the federal government, and the Patient Protection and Affordable Care Act flagrantly exceeds that authority.

Today marks the second anniversary of President Obama signing the healthcare bill into law. This case will determine if the federalist system, as envisioned by our Founding Fathers, remains intact or if there is no limit to the power of the federal government to regulate personal decisions of citizens, such as healthcare.

The argument schedule is as follows:

Monday, March 26, 10 a.m.
- The Court will hear 90 minutes of argument on the federal Anti-Injunction Act.
Tuesday, March 27, 10 a.m.
- The Court will hear two hours of argument on the constitutionality of the individual mandate.
Wednesday, March 28, 10 a.m. and 1 p.m.
- At 10 a.m., the Court will hear 90 minutes on the issue of severability.
- At 1 p.m., the Court will hear one hour of argument on expansion of Medicaid programs.

The Court is expected to issue a decision by the end of June 2012. For more information on the health care lawsuit, please visit http://www.healthcarelawsuit.us/.

Overhaul of “Sunshine Laws” Passes the House

sheri — Mon, 05 Mar 2012 23:24:30 +0000

The Georgia House of Representatives has overwhelmingly passed HB 397, the proposed re-write to improve Georgia’s Open Records and Open Meetings Laws. The legislation, sponsored by Representative Jay Powell, will proceed to the Senate for consideration.

Attorney General Sam Olens, a staunch advocate of government transparency, praised the action by the House.

“The bill passed by the House today is fair and balanced, strengthens government transparency, clarifies
current law and provides the tools necessary to adequately enforce the law,” said Olens. “I am grateful to Representative Jay Powell for crafting a bill that protects the rights of Georgians to an open government while recognizing the need for efficient government and the confidentiality of sensitive information. I am also grateful to Speaker David Ralston, House Judiciary Committee Chairman Wendell Willard and House Judiciary Subcommittee Chairman Mike Jacobs for their leadership and hard work on perfecting the legislation. I appreciate the diligence and robust input from the stakeholders, whose tireless efforts have ensured that all interests are well represented. I am proud of the bill that cleared the House today and encourage the Senate to swiftly pass HB 397.”

Georgia Supreme Court Rules in Favor of Government Transparency

sheri — Mon, 05 Mar 2012 21:34:41 +0000

In early February, the Georgia Supreme Court affirmed the State of Georgia’s strong policy of open government, ruling that non-roll-call votes taken in open meetings must be recorded. My office filed an amicus brief supporting the position of Matthew Cardinale, who filed a lawsuit against the City of Atlanta for failing to record how each City Council member voted when a non-roll-call vote was taken at a February 2010 retreat.

By ruling in favor of Mr. Cardinale, the Georgia Supreme Court has upheld the legislative intent of Georgia’s sunshine laws, which is to protect and promote citizens’ access to their government, not to serve as a shield from accountability. This ruling set a strong precedent that government should err on the side of openness.

Open Government Proposal Proceeds to Full House

sheri — Mon, 05 Mar 2012 21:33:16 +0000

The House Judiciary Committee has voted unanimously to recommend passage of HB 397, the proposal sponsored by Rep. Jay Powell, to re-write and improve Georgia’s Open Records and Open Meetings Laws.

I commend Rep. Powell’s continued leadership in shepherding this important legislation through the House of Representatives. I appreciate Chairman Wendell Willard and the House Judiciary Committee’s careful review, improvement and unanimous approval of HB 397. I look forward to consideration by the full House.

Proposal to Combat Pill Mills Passes House

sheri — Mon, 05 Mar 2012 21:27:22 +0000

Today, the Georgia House of Representatives overwhelmingly passed HB 972, legislation that will curtail the operation of illicit pill mills in Georgia. The bill, sponsored by Representative Tom Weldon, will provide the Georgia Composite Medical Board the authority to license and regulate pain management clinics.

Attorney General Sam Olens thanked the members of the House for their support of this critical legislation to combat the surge of pill mills and prescription drug abuse in communities across Georgia.

“I am grateful that the members of the House recognized the urgent nature of the prescription drug abuse epidemic in Georgia and swiftly approved HB 972,” said Olens. “As a result of a tough law passed in Florida last year, we have seen a rapid influx of what amounts to narcotic traffickers into our State. It is essential that Georgia enact a similar law to stop these criminals from moving their businesses here and harming our communities. HB 972 strikes a balance that will allow us to identify and curb bad actors without getting in the way of the many excellent doctors who offer legitimate pain management to patients.

“I appreciate the dedication and commitment of Representative Tom Weldon and Chairman Sharon Cooper toward ensuring passage in the House, and I look forward to assisting Senator Buddy Carter as he works to advance the legislation in the Senate.”

Prescription Drug PSA Launches

admin — Thu, 15 Dec 2011 16:29:15 +0000

I am pleased to launch a Public Service Announcement warning parents to talk to their children about the dangers of abusing prescription drugs. While we are aware of the dangers of illegal drugs, we often overlook the fact that prescription drugs contribute to 11,000 deaths nationwide annually; and more than 500 annual deaths in Georgia alone. To view the PSA, click below.

Prescription Drug Public Service Announcement

Merck to Pay Georgia More Than $15 Million

admin — Thu, 15 Dec 2011 16:08:45 +0000

Merck Sharp & Dohme Corporation (Merck) has settled the Vioxx lawsuit with the state of Georgia, 42 other states and the federal government. Merck will be paying $15 million to settle civil and criminal allegations by Georgia Medicaid that Merck made false and misleading representations about its drug Vioxx.

Specifically, the allegations claim that Merck marketed Vioxx for uses not approved by the United States Food and Drug Administration (FDA) and misrepresented the cardiovascular safety issues relating to the drug.

Merck will pay the states and the federal government a total of $615 million in civil damages and penalties to compensate Medicaid, Medicare and other federal healthcare programs for harm suffered as a result of this conduct. Georgia Medicaid will receive $15,648,300.46 in state and federal dollars and the state portion of that amount is $6,822,077.81.

In addition, Merck has agreed to plead guilty to a violation of the Food, Drug, and Cosmetic Act and to pay a criminal fine and forfeiture of more than $300 million. The criminal component of the resolution centers on the illegal marketing and promotion of Vioxx for the treatment of rheumatoid arthritis. Vioxx was introduced into the market in 1999 but was not approved by the FDA as an indication for rheumatoid arthritis until 2002.

The civil settlements are contingent upon the acceptance of Merck’s guilty plea by the U.S. District Court for the District of Massachusetts. A hearing date for this proceeding has not yet been scheduled.

Vioxx is a non-steroidal anti-inflammatory medication that was approved by the FDA in 1999 for the treatment of osteoarthritis, acute pain conditions and dysmenorrhea. On September 30, 2004, Merck voluntarily withdrew Vioxx from the market worldwide, citing an increase in the incidence of adverse cardiovascular events in patients taking Vioxx.

The State of Georgia alleges that Merck made false representations concerning the safety of Vioxx to its Medicaid program, and the Medicaid program relied on that information to its detriment in making formulary and prior authorization decisions with respect to the drug.

Georgia also alleges that Merck made false or misleading representations about Vioxx in its marketing, advertising and promotion of the drug that caused physicians to write prescriptions or Vioxx that they otherwise would not have written, and thereby caused the Medicaid program to pay for prescriptions that should not have been reimbursed.