Recently, Frier Levitt assisted a Florida-based pharmacy in a PBM audit that alleged the pharmacy had mailed into certain states without a valid non-resident licensure to do so. Frier Levitt was able to prove that the pharmacy did in fact maintain active nonresident licensures in several states or was not required to maintain licensure at the time of dispensing. In other instances, the pharmacy did not dispense medications to patients in other states, but rather, to patients residing in its home state of Florida. Upon submission of the underlying documentation and information, the pharmacy’s audit was reduced by approximately $105k.
Pharmacies should conduct regular reviews of their out-of-state pharmacy licenses to prevent lapse in licensure. It is also important for pharmacies to stay informed of any changes in licensure requirements for states into which the pharmacy dispenses and obtain the appropriate licensures.
If your pharmacy is facing a PBM audit or would like to ensure compliance with its non-resident licensure, contact Frier Levitt today to speak to an attorney.