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Specialty Pharmacy Drug Pricing Continues to be a Hot Topic in Pharmacy Law

Pharmaceutical Manufacturers are facing heightened public and legal scrutiny when it comes to the pricing of Specialty Pharmacy drugs. The issue was thrust into the spotlight in recent months as private Hedge Funds have purchased small Specialty drug companies and raised prices to levels deemed by the public to be egregious. The public outcry against pharmaceutical profiteering has now spread to large publicly traded mainstream manufacturers.  A report released on...

Abbott Subpoenas Pharmacies’ Purchase Records for “Diverted” Freestyle Test Strips

Abbott Laboratories filed a 72 page complaint in federal court last month against diabetic test strip supply wholesalers, pharmacies, and pharmacists. The complaint alleges trademark infringement, fraud, racketeering, and unfair competition. The complaint alleges that the named Defendants distributed/dispensed Freestyle testing strips intended for the international market in the United States. In doing so, Abbott alleges that the named Defendants are selling and dispensing unapproved test strips to patients in...

Arkansas Law Creates a New Tool to Fight PBM Drug Payments That Fall Below Acquisition Cost

Arkansas recently enacted a new law favoring independent pharmacies in filling prescriptions through insurance companies and Pharmacy Benefit Managers (PBMs). The law – which became effective on July 22, 2015 – requires transparency of Maximum Allowable Costs (MAC) and requires PBMs to make its MAC lists available for regular publication. With respect to pharmacies, the law requires an administrative appeal procedure for Arkansas pharmacies to challenge MAC pricing for any...

As More Specialty Medications Hit the Market, State Legislatures Look to Limit Out of Pocket Costs for Patients

State legislatures are taking steps to limit high copayment or percentage cost sharing for specialty medications that are on the market. These steps are a direct challenge to pharmacy benefit management (PBM) companies looking to limit costs of specialty medications by including these new drugs in the highest copayment tier. A newly approved specialty medication to treat cholesterol, Alircumab (Praluent), was approved by the FDA last month. The announced cost...

Frier Levitt Continues to Find Success in Licensing Board Matters

Frier Levitt is pleased to announce positive rulings in its three latest professional licensing board matters concerning physicians. In each instance, Frier Levitt was able to implement its proven strategy for comprehensively responding to licensing board investigations and disciplinary matters. We understand the implications of disciplinary action and have developed a successful method of approaching these sensitive issues. In one instance the professional board completely withdrew its complaint against a...