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Frier Levitt Negotiates Access to PBM Network for Previously Denied Pharmacy

Frier Levitt recently negotiated a contract with a PBM network for a pharmacy that had been denied entry on several previous occasions. The pharmacy had applied for a contract numerous times and was denied for various reasons for more than a year, eventually seeking legal assistance from Frier Levitt. Frier Levitt intervened and through application of in-depth knowledge of legal requirements and the PBM application process, assisted the pharmacy to...

Pharmaceutical Wholesaler ALERT: Manufacturer Targeting Wholesalers for Allegedly Exploiting Returns Process

A major pharmaceuticals manufacturer may be targeting wholesalers and other distributors who allegedly exploited the manufacturer's returns process. The manufacturer appears to be alleging that distributors fraudulently represented the source of certain drugs, or that they falsely represented the circumstances of their purchase of the drugs, in order to allegedly induce the manufacturer or their agent to accept them through its return goods program and pay out reimbursements in accordance...

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...

Frier Levitt Successfully Reverses Termination from PBM Network for a New York Pharmacy

A New York Pharmacy's network termination by a major PBM for a was recently rescinded as the result of emergent intervention from Frier Levitt. The PBM was alleging discrepancies in the pharmacy's credentialing document and, although the pharmacy's principal never made any intentional misrepresentations, the PBM nevertheless terminated the pharmacy and plan sponsors sent out notices to the pharmacy's patients. Frier Levitt assisted at all stages of the dispute. Frier...

Drug Wholesaler’s Criminal Prosecution Provides Case-Study for Compliance Do’s and Don’ts

Rochester Drug Cooperative (RDC) recently entered into a plea with the federal government in which it admitted wrongdoing and agreed to pay $20 million in fines, receiving a prosecution deferral subject to a three-year monitoring period by an independent compliance official. Moreover, the government brought criminal charges against former CEO Laurence F. Doud III and William Pietruszewski, the former chief of compliance. Pietruszewski has reportedly entered a plea and is...