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PHARMACY ALERT: Express Scripts Demands “Mail Order Attestation” Limiting Mail Order and Delivery Services

Recently, Express Scripts (ESI) has begun demanding independent retail pharmacies sign a “Mail Order Attestation,” limiting the pharmacy’s ability to provide mail order and delivery services to ESI members to only 10% of all claims submitted to ESI. Per ESI’s correspondence, a failure to return an executed “Mail Order Attestation” in a timely manner will result in the pharmacy’s termination from ESI’s network.

Pharmacies have rights to challenge this unlawful policy by ESI which is likely to have a substantial adverse impact on many retail pharmacies. It is important that pharmacies know their rights not only as outlined in the ESI Provider Agreement and Provider Manual, but also pursuant to applicable State and Federal Law including, but not limited to, applicable Any Willing Provider Laws. Frier Levitt is currently working with multiple independent retail pharmacies to address this issue on their behalf, including developing a litigation strategy against ESI in Federal Court in the Eastern District of Missouri to challenge this unlawful policy.

If your pharmacy has received a “Mail Order Attestation” from ESI, even if you have already signed and returned it, contact Todd Mizeski, Esq. today at tmizeski@frierlevitt.com or call 973.852.8363 regarding your rights to fight it.