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State Office for Pharmacy Services

October 2, 2014 · Read the full official report (PDF) ↗

Published October 2, 2014 Audit covers July 1, 2010 – February 28, 2013 Under Suzanne M. Bump · 2011–2023

Read the plain-English breakdown
What is this?

This is a Massachusetts State Auditor performance audit of the State Office for Pharmacy Services, which manages pharmacy services and drug purchasing for many state agencies.

“I am pleased to provide this performance audit of the State Office for Pharmacy Services.”
Why was it audited?

Auditors reviewed whether SOPS was doing its job: providing state agencies with pharmacy services in a cost-effective way.

“In accordance with Chapter 11, Section 12, of the Massachusetts General Laws, the Office of the State Auditor conducted an audit of SOPS for the period July 1, 2010 through February 28, 2013 to determine whether SOPS was fulfilling its mission of providing comprehensive pharmacy services to state agencies in a cost-effective manner.”
Why it matters

This matters because the audit involved public money, state health services, patient safety, and public trust in how pharmacy contracts were managed.

“Potential conflicts like this, if they are not properly identified and effectively and transparently mitigated, can create a perception of misconduct that could undermine the public’s trust in SOPS and the integrity of its services.”
What's in it for me?

For an ordinary citizen, the issue is whether taxpayer-funded pharmacy services were being run safely, efficiently, and with proper oversight.

“By not meeting USP requirements, SOPS significantly increases the risk of patients’ exposure to contaminated pharmaceuticals, serious infections, and possibly death.”
The bottom line

The Auditor found that SOPS had multiple oversight and compliance problems, including possible extra costs, weak fee controls, and safety standard issues.

“As a result of various issues (system incompatibilities; online prescription ordering systems not being used at all pharmacy locations; and prescriber, nursing, and pharmacy personnel not maximizing the use of SOPS’s pharmacy information and ordering system), as much as $10 million was unnecessarily charged to state agencies for additional labor costs in order to compensate PDC pharmacists and pharmacy technicians for performing prescription data reentry and reverification tasks.”
What happens next

The report recommended tighter conflict-of-interest rules, better computer systems, stronger fee controls, required legislative reporting, full sterile compounding compliance, and action on agencies that were not using SOPS as required.

“SOPS should establish adequate internal controls over program contract fees, including written policies and procedures as well as documentation of the program contract fees charged to each agency, the services provided, and the use of the fees.”
Why it's significant

The report is significant because SOPS handled large pharmacy contracts and purchases, including more than $27 million paid to CPS during the audit period.

“For our audit period, SOPS disbursed more than $27 million to CPS for pharmacy-management services on behalf of state agencies receiving services through SOPS.”
Jargon, unpacked

Pharmaceutical compounding means a pharmacist or technician custom-mixes or changes ingredients to make a medicine for a specific patient’s needs.

“Pharmaceutical compounding is a practice in which a licensed pharmacist or pharmacy technician combines, mixes, or alters ingredients in response to a prescription to create a medication tailored to the medical needs of an individual patient who may, for example, need the alterations because of allergies to regular pharmaceuticals or need the medication in a different form, such as pill or liquid, that is not currently available.”
Identified in this audit - source-verified
$197,116

7 figure(s) pending source verification - not shown

What the Auditor found

The executive director had a potential conflict of interest involving a CPS subcontractor.
internal controlsprocurement/contractsvendor oversight

Why it matters: Potential conflicts can create a perception of misconduct and undermine public trust in SOPS and the integrity of its services.

Standard: Chapter 268A, Section 23(b), of the Massachusetts General Laws ( Chapter 268A, Section 23(b), of the General Laws )

1 recommendation
  • DPH should ensure SOPS employees comply with the conflict-of-interest law through a formal policy, periodic training, annual signoff, reporting and monitoring processes, and review of potential conflicts.agency: agreed
Agency response & Auditor reply
Agency: "DPH and SOPS agree with the Auditor’s Recommendation."
Auditor: "Based on DPH’s response, DPH and SOPS are taking measures to address our concerns about this matter."
Inefficient pharmacy systems caused unnecessary prescription reentry and reverification labor costs.
internal controlsrecordkeeping/documentationreporting timeliness

Why it matters: State agencies may have paid as much as $10 million in unnecessary additional labor costs, and faxing prescriptions increased the risk of misplaced orders, delays, and errors.

Standard: Good business practices for standardized prescription ordering and patient prescription safety

2 recommendations
  • SOPS should ensure WebRx is fully implemented and used for all prescription functions at facilities.agency: agreed
  • SOPS should continue to seek information-technology funding to implement a computerized physician order entry system.agency: agreed
Agency response & Auditor reply
Agency: "DPH and SOPS agree with the Auditor’s recommendation that WebRx should be fully implemented across all client/user agencies."
Auditor: "Based on its response, DPH is taking measures to address our concerns on this matter."
SOPS lacked adequate controls over contract fees and assessments.
internal controlscash handlingprocurement/contractsvendor oversightrecordkeeping/documentation

Why it matters: DPH and the Commonwealth could not be certain SOPS used all funds from state agencies for intended purposes.

Standard: Office of the State Comptroller Internal Control Guide ( OSC Internal Control Guide )

2 recommendations
  • SOPS should establish adequate internal controls over program contract fees, including written policies and procedures and documentation of fees, services, and use of fees.agency: agreed
  • DPH should improve oversight controls over SOPS to ensure program contract fees are properly administered, used, and documented.agency: agreed
Agency response & Auditor reply
Agency: "DPH accepts the Auditor’s recommendations regarding oversight controls."
Auditor: "Based on DPH’s response, SOPS is taking measures to address our concerns in this area by working with stakeholders to develop a more unified fee structure."
SOPS did not file required legislative reports.
reporting timelinessinternal controls

Why it matters: The House and Senate Committees on Ways and Means did not receive detailed information on savings and recommendations for adding other entities to SOPS.

Standard: Chapter 68 of the Acts of 2011, Appropriation 4510-0108; Chapter 131 of the Acts of 2010, Appropriation 4510-0108 ( Chapter 68 of the Acts of 2011, Appropriation 4510-0108; Chapter 131 of the Acts of 2010, Appropriation 4510-0108 )

1 recommendation
  • SOPS should establish and implement policies, procedures, and controls to ensure required legislative reports are filed, signed by the executive director, and contain all required information.agency: agreed
Agency response & Auditor reply
Agency: "DPH accepts the Auditor’s recommendation but is of the opinion that it is in compliance with reporting regulations."
Auditor: "As stated in our report, although SOPS had filed reports with DPH, the required reports were not filed with the Committees because SOPS assumed DPH was making the filings."

Verified dollar findings

Improper payments identified $197,116

Money paid out that the audit found should not have been - overpayments, unallowable and nonreimbursable charges, improper claims.

$197,115.63 - inadequately documented or improper payments