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»  Posts By   April 2020 

Pharmacy Alert: Opioid Plaintiffs’ Attorneys Sending Accusatory Letters to Pharmacies

As we reported here, attorneys representing state and local governments in the opioid litigation issued subpoenas to pharmacies that purchased narcotics from certain wholesalers and distributors.  Notably concerning, the same attorneys are now sending out letters to pharmacies accusing them of contributing to the opioid crisis.  These letters claim, without providing any details or basis, that the pharmacies were negligent in the practice of dispensing prescription opioids.  Even more troubling,...

Let’s Talk: COVID-19 and the Temporary Shutdown of Pharmacies and Medical Practices

https://www.youtube.com/watch?v=G2-iGKlATyU&feature=youtu.be In these trying times many pharmacies and medical practices are facing some degree of temporary shutdowns. Co-Founding Partner Jonathan Levitt, Esq. and our Managing Partner of our New York Office John Morrone, Esq. discuss what providers should know regarding temporary shutdowns.

Troubling Reimbursement Scheme Impacting Out-of-Network Providers

Reimbursement disputes between healthcare providers and plans/plan sponsors (Payers) involving Out-of-Network (OON) claims have taken a center stage in the healthcare industry as well as in the court system.  Indeed, there has been a series of lawsuits filed by providers such as plastic surgeons and ambulatory surgery centers against self-funded, ERISA-regulated health plans that have either underpaid or failed to pay providers for OON claims.  Critically, Frier Levitt has become...

Toolkit for Healthcare Businesses in Financial Distress

As part of our firm’s commitment to staying abreast of COVID19-related issues affecting our clients, we are continuing to monitor financial relief program requirements and other important topics.  While applying for various forms of aid and loans, we urge you to also consider the variety of other ways to alleviate the financial impact of these extraordinary circumstances.  Examples include: Negotiating with vendors– Consider asking for extended net payment terms, i.e.,...

Oklahoma Prepared to Enforce Patient Right to Pharmacy Care Act Amid COVID-19 Concerns

In May 2019, Oklahoma passed the Patient Right to Pharmacy Care Act ("Act"). The Act takes aim at unfair pharmacy benefit manager (“PBM”) practices by expanding network access for independent pharmacies, prohibiting PBMs from requiring patients to use pharmacies that are owned or affiliated with PBMs, prohibiting PBMs from providing higher reimbursement to PBM-owned pharmacies, and charging post-point-of-sale fees after claims have already been paid. These are crucial protections to...