Wright v. Jeckle - Your help is needed NOW!

A potentially disastrous case (Wright v. Jeckle) is making its way through the court system in Washington State. It is bypassing the Court of Appeals, and is going straight to the Washington State Supreme Court. The central issue of this case is whether Ch. 19.68 RCW (rebating) prohibits any health care provider from selling any health related goods for a profit. This would include cervical collars, pillows, etc. and potentially nutritional supplements. Organizations must immediately file motions with the Supreme Court to have their opinions heard.

The Washington State Medical Association (WSMA) and Spokane County Medical Society have written amicus briefs, and the WSCA will be writing an amicus brief focusing on the 1999 King County Superior Court case called Coulson v. Selecky, where the court declared the above statute did not prohibit a sale for profit.

Under the current Spokane court ruling under appeal, a health care provider may only make money from the actual practice of their profession, not from furnishing medicine, supplements or equipment to patients at a profit. Under this interpretation, a pharmacist must refrain from marking up medication sold to patients in favor of selling medication at cost. Moreover, the trial court ruling would subject providers to unprofessional conduct charges, and leave them vulnerable to class action claims for refunds.

Given that this statute applies to every health care professional in the state, this decision has far-reaching consequences. A nightmare? Absolutely! Merely a dream you can ignore and it will go away? Absolutely not! If the ruling is affirmed, all hospitals, clinics, pharmacists, chiropractors, naturopaths, rural practitioners, and all providers in Washington who charge their patients for goods apart from professional services are breaching the statute, breaching their fiduciary duty, and committing a crime. The WSCA needs to voice its concerns as an affected party as review occurs in the Supreme Court.

Your help is desperately needed in this fight. Our Legal Defense fund has been depleted over the years by other fights. The WSCA has hired lawyers to write the necessary briefs, but legal fees will be expensive. Donate $250, or more NOW or potentially lose the right to sell anything for a profit. Please donate to the legal defense fund at the WSCA by calling 800-824-4918, or sending your check NOW to WSCA at 21400 International Boulevard, Suite 207, SeaTac, WA 98198. (Please note the payment to Legal Defense Fund.)

Sincerely,

Lori L. Bielinski, LMP
WSCA Executive Director