Explanation
BACKGROUND: The City has been exploring the various legal options that may be available to help deal with the amount of money it spends on insulin and diabetic supplies as a part of its health insurance coverage for employees. Specifically, from February of 2020 until November of 2023, the City itself spent almost $26 million on diabetes medications and supplies.
Several government entities have brought suit against suppliers of diabetes medication or supplies as well as pharmacy benefit managers for price fixing. The City Attorney’s office is in need of special legal counsel to assist in pursing legal options, including but not limited to, possible litigation against these entities. After consideration, the City Attorney has selected the law firms of NS PR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura Law Firm to serve as special legal counsel for this matter.
FISCAL IMPACT: While there is no cost to the City as a result of this contract, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Title
To authorize the City Attorney to enter into contract with NS PR Law Services LLC d/b/a/ Napoli Shkolnik PLLC and Ventura Law Firm for special legal counsel services regarding price fixing issues related to diabetes medications and supplies.
Body
WHEREAS, the City Attorney has a need for special legal services with regard to nuisance matters pertaining to health care plan costs concerning diabetes mediations and supplies affecting the City; and
WHEREAS, after consideration, the City Attorney has selected the law firms of NS PR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura Law Firm to serve as special legal counsel for these matters; and
WHEREAS, while there is no upfront cost to the City, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City; and
WHEREAS, it is in the best interest City to authorize the City Attorney's office to enter into contract with NS PR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura Law Firm in order to allow the assistance of special counsel; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Attorney is hereby authorized to enter into contract with NS PR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura Law Firm for special legal counsel services regarding pricing of diabetes medications and supplies affecting the City.
Section 2. That said contract shall provide that there shall be no obligation by the City to pay any fee to special legal counsel or reimburse them for reasonable litigation expenses if nothing is recovered from any adversary and that the City agrees to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.