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UPDATE: NYC Transit Authority Files Motion for Extension in Lawsuit Against Express Scripts

On July 12, 2019, the New York City Transit Authority (NYCTA) filed a Motion to extend the deadline to file its brief in opposition to Express Scripts' Motion to Dismiss the NYCTA's Complaint, or alternatively, to file an Amended Complaint. Subsequently, the NYCTA's Motion was granted by the Court and the NYCTA will now have until July 30, 2019 to file an opposition brief or to file an amended version...

NYC Transit Authority sues Express Scripts for Failing to Effectively Manage its Prescription Drug Benefit Plan

A recent lawsuit filed by the New York City Transit Authority (NYCTA) raises important considerations for plan sponsors and agencies, such as the NYCTA, that retain the services of Pharmacy Benefits Managers (PBMs). On May 16, 2019, the NYCTA sued Express Scripts in New York state court alleging six counts for breach of contract. The NYCTA alleges that since retaining Express Scripts to manage its prescription drug benefit plan, "the...

Arkansas Seeks U.S. Supreme Court Review of Eighth Circuit Ruling Striking Down MAC Law

Back on October 22, 2018, the state of Arkansas filed a petition for a writ of certiorari with the U.S. Supreme Court, asking them to review the U.S. Court of Appeals for the Eighth Circuit’s decision, specifically asking the Supreme Court to consider "[w]hether the Eighth Circuit erred in holding that Arkansas's statute . . . is preempted by ERISA[.]" Most recently, on April 15, 2019, the Supreme Court invited...

Pharmaceutical Manufacturers, Wholesalers, and Distributors: Prepare for High Stakes Opioid Litigation

Earlier this year, Attorney General Jeff Sessions announced the creation of a task force to pursue the makers and distributors of prescription opioids and his intention for the Justice Department to play a substantial role in supporting plaintiffs throughout the country in prescription opioids-based lawsuits. In addition to the Justice Department's vocal support of such legal action, numerous lawsuits, including class action lawsuits, have already been filed throughout the United...

Washington Independent Pharmacies: Are You Tired of PBMs Playing Games with Your MAC Reimbursements?

Several States throughout the United States have passed laws regarding Maximum Allowable Cost (MAC) pricing and the corresponding appeals process. Some States have enacted legislation that is more favorable to independent pharmacies, than other States. One excellent example of a "pro-pharmacy" MAC-appeal State is Washington. In Washington, PBMs are required to uphold a pharmacy's MAC appeal if: (1) the pharmacy has fewer than 15 retail locations within the State of Washington, and...
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