National boutique Healthcare and Life Sciences law firm Frier Levitt announced today the establishment of a Practice Group focused exclusively on the representation of Plan Sponsors—including Self-funded Plans (employers, labor funds, public sector, federal), Health Plans (commercial, Medicare, Medicaid, and Exchange Plans), and Regulated Markets (Medicare, Medicaid, Public Health Exchanges)—regarding Pharmacy Benefit Manager (PBM) contracts and issues they may experience working with PBMs.
Frier Levitt’s Plan Sponsor Practice Group works with Plan Sponsors to ensure PBM compliance with contracts and law, providing a variety of legal services including, but not limited to: contractual negotiations with PBMs; auditing of PBM performance and compliance with contractual and fiduciary obligations; educating Plan Sponsors of their contractual rights and relationships with PBMs, including behavior that breaches a PBM’s contractual obligations and/or fiduciary duties where more aggressive legal action may be appropriate; and pursuing legal action against PBMs to enforce Plan Sponsor Agreement terms and conditions.
Frier Levitt’s Plan Sponsor Division is headed by co-founding partner Jonathan E. Levitt, Esq., and partner Jesse C. Dresser, Esq., supported by a team of attorneys with in-depth knowledge of PBMs including Dae Y. Lee, Pharm.D., Esq., CPBS™. Mr. Lee, who received his Doctor of Pharmacy degree from Ernest Mario School of Pharmacy, is a Certified Pharmacy Benefits Specialist™ (CPBS™).
“The rising costs of prescription drugs and the role played by PBMs is of national importance,” said Jonathan E. Levitt, Esq. “Frier Levitt’s Plan Sponsor practice group will protect Plan Sponsors against abusive PBM tactics, such as ambiguous contract terms and the use of rebate aggregators to hide rebate revenue from Plans,” he added.
Frier Levitt has observed troubling trends pertaining to PBM practices and the negative impact on Plan Sponsors. Similar sentiment has been expressed in recent federal and state investigations against PBMs. Multiple investigation in New York, Ohio, Kentucky, West Virginia, Pennsylvania, and Washington have shown the spotlight on PBM practices and has required greater scrutiny and more transparency in PBM contracting.
If you are a Plan Sponsor dealing with PBM contracts or are experiencing issues with a PBM, contact Frier Levitt today to speak to an attorney.