Opening a new pharmacy can be a challenging process as pharmacies are heavily regulated at both the State and Federal levels. Prospective owners must take into consideration multiple aspects including forming a legal entity, obtaining a pharmacy... Read More
Articles | Community, Retail Pharmacies | Pharmacy Law | Private Equity Investing in Specialty Pharmacy & Pharmaceutical Companies | Specialty Pharmacies

When looking to purchase a pharmacy, prospective owners must take into consideration multiple aspects of the transaction in order to ensure a successful continuation of operations post-closing. Failure to properly evaluate, structure, and execute a... Read More
Articles | Community, Retail Pharmacies | Life Sciences | News | Pharmacy Law

Many pharmacies are faced with PBM audits resulting in final audit finding recoupments which can range from very large to very small dollar amounts. Many times, when the recoupment is smaller in sum, pharmacies may be inclined to forgo contesting... Read More
Articles | Chain Pharmacies | Defending Pharmacies in PBM Audits | Digital Pharmacies | Life Sciences | Payor Network Access and Defense of Network Terminations | Pharmacy Law | Specialty Pharmacies

Frier Levitt recently helped a Texas-based independent pharmacy that was facing an audit conducted by a national PBM.  The PBM alleged various discrepancies including drug invoice shortages.  The discrepancies amounted to significant audit fines.... Read More
Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | Pharmacy Law | Recent Results

Maryland was the first state in the United States to enact infertility insurance legislation and was the third state that covered fertility preservation prior to cancer treatment. Recently, on January 1, 2021, Maryland’s fertility laws expanding... Read More
Articles | Fertility Pharmacies | Life Sciences | Pharmacy Law

As part of an invoice reconciliation audit, Pharmacy Benefit Managers (“PBMs”) routinely request pharmacies to provide documents pertaining to pharmacy-to-pharmacy drug transfers.  These documents include invoices and/or purchase summaries from... Read More
Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | Pharmacy Law

Some PBMs require that pharmacies purchase diabetic testing supplies from “authorized distributors.” While the term varies from manufacturer to manufacturer, an authorized distributor is essentially an approved wholesaler that is contracted with... Read More
Articles | Life Sciences | Manufacturers | Pharmaceutical Wholesalers

During a pharmacy audit, Pharmacy Benefit Managers (“PBMs”) often request the pharmacy to submit documents demonstrating that prescriptions were prescribed pursuant to a bona fide prescriber-patient relationship.  If the pharmacy is unable to... Read More
Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | Pharmacy Law