New Data Shows Increase Of Children With Autism

From The Desk Of Congressman Chris Smith

WASHINGTON, D.C. - In response to new data showing an increase in the prevalence of autism in children throughout the United States, Reps. Chris Smith (R-4th) and Henry Cuellar (D-TX), Co-Chairs of the Congressional Autism

Caucus, issued a joint call for increased awareness and expanded access to care, education and support services for families touched by autism.

The new data - released by the Centers for Disease and Control (CDC) - revealed that 1 in 36 children have autism spectrum disorder, marking a significant increase from previous estimates of 1 in 44 children across the country.

“Autism is on the rise across the United States - and my home state of New Jersey has the third highest rate of autism in the nation,” said Smith, who has authored four major laws to combat and treat autism, including the Autism CARES Act of 2019, which provides $1.8 billion to fund research, early detection and treatment for children and adults with autism through 2024.

“While much progress has been made to support the autism community, we must do better to ensure those affected by autism have access to the education and services they need to live healthy, independent lives - especially and including as they ‘age-out’ of school-based programs and become adults,” Smith said.

“As Co-Chair of the Congressional Autism Caucus, and as a member of the House Appropriations Committee, I have been committed to increasing funding for autism research and programs that serve people with autism and their caregivers,” said Cuellar. “The new autism prevalence numbers released by the CDC indicate there is still much work to be done.”

“I look forward to continuing to work with my caucus Co-Chair, Rep. Chris Smith, and my colleagues in the House to deliver crucial investments in autism research,” Cuellar added.

Senator Questions Incentives That Drive Up Cost Of Prescriptions

Senator Robert Menendez

WASHINGTON, D.C. – U.S. Senator Bob Menendez (D-N.J.), a senior member of the Senate Finance Committee, during a hearing questioned witnesses about the impact pharmacy benefits managers (PBMs) have on the prescription drug supply chain and how their warped incentive structure drives up prices for patients and consumers. PMBs are entities that manage prescription drug benefits and pharmacy networks on behalf of health plans, employers, and other payers.

“Pharmacy benefit managers are key players in alleviating a patient’s financial burden at the pharmacy counter as they frequently set patient out-of-pocket costs based on a drug’s list price. The higher the list price, the more the patient pays, an obvious bur- den,” said Sen. Menendez. “Less obvious, but equally concerning, is that PBMs benefit significantly from high list prices and have no incentive to choose lower-priced drugs to drive down patient cost. PBMs extract rebates from manufacturers based on list price in exchange for a manufacturer’s drug receiving formulary placement. Those rebates are passed on to plans and employers, but almost never to patients.”

Jonathan Levitt, a Founding Partner of Frier Levitt Attorneys at Law located in Pine Brook, NJ, served as a witness during the committee hearing. He agreed with the Senator that it would be better for patients if the prescription drug supply chain was delinked from the list price and if PBMS and other supply chain entities were paid flat fees for the services they provide.

Sen. Menendez emphasized how PBMs prefer prescription drugs with a higher list price versus those with a lower list price, as appears to be the case for Humira biosimilar drugs introduced into the market to treat rheumatoid arthritis, because they can obtain larger rebates. PBMs do this even though the patient would pay significantly less if they selected the drug with the lower list price.

“The Pharmacy Care Management Association which represents the PBMs, includes research on their website that states, “High list prices hurt patients who must pay these prices. If list prices were lower, out-of-pocket payments based on list prices would be lower and more affordable,” added the Senator. “If PBMs themselves acknowledge lower list prices would help patients at the pharmacy counter, why would they still place preference on higher list price products when a drug company has given them a better option for patients?”

The Senator highlighted his concern about how mergers and acquisitions in recent years have resulted in CVS Caremark, Express Scripts, and OptumRx now controlling approximately 80 percent of all U.S. prescription drug claims.

“This level of concentration gives these

PBMs market power over data, drug coverage, and contracting. The hyper-consolidation, with little to no regulatory oversight, creates inappropriate negotiating leverage that discourages competition and makes it difficult to achieve transparency, affordability, and timely access for patients,” concluded the Senator.

Sen. Menendez has long advocated for creating a more affordable health care system for every New Jerseyan and Americans all across the country. Last year, he played a pivotal role in passing the Inflation Reduction Act, which capped the price of insulin to $35 a month for seniors on Medicare, and he authored a smoothing provision that also capped Medicare beneficiaries’ out-of-pocket costs at $2,000 a year.

Each year, that will benefit about 46,000 New Jersey Medicare beneficiaries who would otherwise have out-of-pocket costs above the cap, according to estimates from the Kaiser Family Foundation (KFF). Because of Sen. Menendez’ leadership, for the first time, all 1.2 million New Jerseyans with Medicare Part D will have the peace of mind of knowing their pharmacy costs are capped.

Former State Police Sergeant Sentenced For Misusing ID Card

By Alyssa Riccardi

OCEAN COUNTY – A former member of the New Jersey State Police (NJSP) from Ocean County has been sentenced to five years in prison for misusing an NJSP identification card to get out of police traffic stops, officials said.

Marc Dennis, 51, of Waretown, was sentenced on charges of official misconduct and a pattern of official misconduct.

In September 2016, Dennis was suspended by the State Police and ordered to surrender his NJSP identifications as well as relieved of his law enforcement powers.

Authorities later discovered that Dennis kept a State Police identification he had been issued and was presenting it to officers who pulled him over, all while he was suspended from duty. According to officials, he was pulled over at least nine separate times.

“This defendant used a State Police ID he improperly retained after a suspension to benefit himself by violating the public’s trust,” Attorney General Matthew J. Platkin said. “I am deeply grateful for the commitment, sacrifice and upstanding character that the vast majority of our state’s law enforcement officers exhibit on and off the job. We will not tolerate abusive behavior by one bad actor reflecting poorly on the numerous officers abiding by the law, upholding it and making New Jersey safer.”

“This ousted sergeant improperly and deceitfully posed as an active-duty member of the State Police to law enforcement during traffic stops to get favorable treatment,” OPIA Executive Director Thomas Eicher said. “The court’s decision in this case was a just outcome and illustrates that no one is above the law.”

Dennis’ was initially suspended and charged back in September 2016 due to his job performance. Officials said he was accused of failing to follow State Police procedures while claiming otherwise in official records and certifications.

When he was told to hand over his NJSP identifications, investigators found he surrendered most of them, but not all. Officials said he held onto a NJSP ID that he had obtained after reporting in January 2016 that he had lost his wallet.

Investigators found that despite his suspension and pending criminal case, he used the ID and showed officers it when pulled over in Marlboro, Toms River, Berkeley Township, Lakehurst and elsewhere.

Dennis was stopped nine times from the date of his suspension, September 19, 2016, through

April 2018, and during those stops he had shown that ID and presented himself as an active member of the NJSP.

Following his trial, on May 10, 2022, a jury convicted Dennis of one count each of second-degree official misconduct, second-degree pattern of official misconduct, and third-degree theft by unlawful taking in connection with his misuse of his ID to avoid motor vehicle citations.

After hearing extensive arguments from both sides at the Monmouth County Courthouse in Freehold on March 15, Judge Lucas sentenced the defendant on both the official misconduct and pattern of official misconduct counts, with the sentences to run concurrently, and merged the theft count. The court also ordered that the defendant forfeit his pension and job, and banned him from public employment for life.