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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...

Frier Levitt Alternative Fee Arrangements and Challenging DIR fees During COVID-19

As COVID-19 grips the national economy, pharmacies are not immune from the financial fallout. Challenging PBMs’ abusive DIR fee recoupments is more important than ever to preserve the viability of independent pharmacy. As pharmacies struggle to pay employees and their benefits, honor financial obligations to vendors, wholesalers, and most importantly to keep patients safe, margins are tightening. During these challenging times, pharmacies should consider taking advantage of Frier Levitt’s Alternative...

NJ Publishes Guidance for NJ Pharmacies Regarding COVID-19

New Jersey has published guidance for New Jersey pharmacies regarding COVID-19. Among the various guidelines, New Jersey has implemented a procedure for pharmacies to submit temporary waiver requests if a pharmacy is not able to continue operating in a manner that allows it to adhere to the Board of Pharmacy’s regulations and to provide services to its patients due to an issue related to COVID-19. Further, the New Jersey Board...

Frier Levitt Files Amicus Brief with U.S. Supreme Court on Behalf of Community Oncology Alliance and Leading Community Oncology Practices Supporting State Regulation of PBMs

On March 2, 2020 Frier Levitt filed an Amicus Curiae brief with the Supreme Court of the United States in the case Rutledge v. Pharmaceutical Care Management Association on behalf of the Community Oncology Alliance (COA) and several leading community oncology practices supporting state regulation of pharmacy benefit managers (PBMs) and advocating on behalf of cancer patients and oncologists throughout the United States. The Amicus Curiae brief brings to the...

Georgia Pharmacy Anti-Steering and Transparency Act Seeks to Hold PBMs Accountable

Independent retail and specialty pharmacies have long been concerned about perceived “steering” by Pharmacy Benefit Managers (“PBMs”), a practice in which a PBM in some manner channels prescriptions to its own wholly owned retail mail-order or specialty pharmacy. A recent law in Georgia has taken effect to push back against this practice. Georgia HB 233 (known as the “Pharmacy Anti-Steering and Transparency Act”) was signed into law by Georgia’s Governor...