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Federal and State Governments Pass Regulations Providing Immunity to Healthcare Providers Responding to COVID-19 Pandemic

In response to the COVID-19 pandemic, and the overwhelming need for medical care and front-line responders, federal and state governments have responded by implementing regulations affording immunity to licensed healthcare providers. While the immunity may not prevent a healthcare provider from actually being sued for negligence, since public access to courts cannot be limited, it does provide protection for providers to defend against lawsuits. Likewise, the regulations provide immunity from...

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...

Healthcare Organizations and Local Governments Should Seek Reimbursement from PPE Scammers

In the wake of the novel Coronavirus outbreak (COVID-19), hospitals and various other healthcare organizations right down to states and municipalities are scrambling to maintain sufficient inventory of Personal Protective Equipment (PPE) for their professionals, first responders, and patients alike. They are in dire need of PPE including but not limited to masks, gloves, isolation gowns, lab coats, face shields, shoe covers, surgical gowns, and coveralls. Professionals in the hardest hit areas...

Be On the Lookout For Side-Effects of Changes With Prime Therapeutics and Express Scripts

In December 2019, we learned that Prime Therapeutics, LLC (“Prime”) and Express Scripts sought to begin a massive collaborative effort that would cover over 100 million Americans and was “designed to deliver more affordable care for clients and their members by enhancing pharmacy networks and pharmaceutical value.”  Effective April 1, 2020, Express Scripts began providing its pharmacy benefit management services to Prime’s retail network, including negotiating with pharmacies and manufacturers...