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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...

Kentucky Proposes Legislation Aimed at Increasing Medicaid Reimbursement Rates and PBM Oversight

Throughout the nation, independent pharmacies are facing lower and lower Medicaid reimbursement rates. These rates are making it harder for pharmacies to make ends meet as the rates often result in pharmacies being reimbursed at or less than their acquisition cost. In response to these unreasonable reimbursement rates, independent pharmacies have urged legislators, both at the state and federal level, to address the predatory reimbursement rates set by Pharmacy Benefit...

Frier Levitt Saves Pharmacy Over $12.6 Million in Lawsuit with Drug Manufacturer

Frier Levitt recently defended a pharmacy in a lawsuit filed by a prominent drug manufacturer alleging that the pharmacy had failed to pay for more than $14.6 million of drug product that the pharmacy had purchased. After reviewing the contract documents between the parties, Frier Levitt developed a strategy to not only establish that the pharmacy was entitled to numerous credits to offset the pharmacy's drug purchases, but also to...

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...

What Arkansas Pharmacies Need to Know About Their MAC Appeal Rights

Several States throughout the United States have passed laws regarding Maximum Allowable Cost (MAC) pricing and the corresponding appeals process. In addition to enacting favorable MAC laws, some States such as Arkansas have afforded their resident pharmacies additional protections under their business tort laws. Together, these important laws not only expose PBMs to administrative fines and sanctions for non-compliance, but also permit Arkansas pharmacies to pursue direct civil remedies against offending...