PBM Inconsistencies in the News

PBM Express Scripts Did Not Pass Along Rebates to New York's Employee Health Program, Lawsuit Alleges
KaiserNetwork.org
August 5, 2004

  New York Attorney General Eliot Spitzer (D) on Wednesday filed suit against pharmacy benefit manager Express Scripts which manages drug benefits for New York state employees - alleging the company defrauded the state of up to $100 million over five years, USA Today reports (Appleby, USA Today,8/5). Spitzer and state Civil Service Commissioner Daniel Wall allege Express Scripts violated its $600,000 contract to negotiate lower drug prices for state workers and pass the rebates on to the state (AP/Long Island Newsday,8/5). According to the lawsuit, filed with the New York State Supreme Court, Express Scripts kept millions of dollars in rebates negotiated with pharmaceutical companies that should have gone to the state by classifying them as "administrative" or "management" fees.

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20 States Investigating Practices of PBM Express Scripts, Company Officials Say
KaiserNetwork.org
July 29, 2004

  Officials for Express Scripts,the third largest U.S. pharmacy benefit manager, on Wednesday announced that 20 states have launched investigations into the company's business practices, the St. Louis Post-Dispatch reports. New York Attorney General Eliot Spitzer (D) on July 12 sent Express Scripts a notice of a proposed lawsuit, company officials said. According to the notice, Express Scripts breached a contract with the state and violated other civil laws; the notice alleges that the company switched patient medications and did not pass on the savings.

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Caremark Rx Business Practices Investigated by 19 State AGs
KaiserNetwork.org
July 06, 2004

Officials for Tennessee-based Caremark Rx, the second-largest U.S. pharmacy benefit manager, on Friday announced that attorneys general from 19 states have launched an investigation into company business practices, the AP/Miami Herald reports (McDowell, AP/Miami Herald, 7/3). Caremark officials said that the company on Thursday received an information request called a "civil investigative demand" from Washington state Attorney General Christine Gregoire (D). In a statement, Caremark officials said that Gregoire requested information "pursuant to consumer-protection statutes and business practices" related to the company and recently acquired PBM AdvancePCS.

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PBM Medco To Pay $5.5M To Settle Charges It Did Not Pass Along All Rebates to Massachusetts
KaiserNetwork.Org
April 26, 2004

Medco Health Solutions, the nation's largest pharmacy benefit manager, has agreed to pay Massachusetts $5.5 million to settle allegations that it failed to pass along to the state more than half of the rebates it negotiated with drug makers, according to documents expected to be filed in U.S. District Court in Philadelphia on Monday, the Boston Globe reports. The state hired Medco in 1997 to manage prescription drug benefits for nearly 200,000 state employees and retirees, negotiate discounts from manufacturers, maintain a preferred drug list, process billing and perform other tasks. Under the contract, Medco agreed to give the state "nearly all of the payments" it received from drug makers for placing their products on the preferred drug list or for favoring their drugs over others on the list, the Globe reports. According to a complaint by state Attorney General Thomas Reilly (D), Medco passed along only about $9 million in rebates and kept $10 million.

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PBM Reimbursement Practices Contributing to Rising Prescription Drug Costs, Study Says
KaiserNetwork.org
January 16, 2004

The disparity between the amounts that pharmacy benefits managers charge clients and reimburse pharmacies is "contributing to the rapid rise in health care costs," according to a pilot study in the Journalof the American Pharmacists Association, the Newark Star-Ledger reports.

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New York Times Examines Business Practices of Pharmacy Benefit Managers
KaiserNetwork.org
December 11, 2003

The New York Times on Thursday examined business practices of pharmacy benefits managers, including "millions of dollars in payments" that pharmacy benefits managers make " to important customers when contracts with them are signed," according to industry executives and consultants. Some industry officials say that payments related to contract provisions may be driving up the cost of business unnecessarily.

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Federal Prosecutors Expand Lawsuit Against PBM Medco, Bring Charges Against Two Executives
KaiserNetwork.org
December 10, 2003

The Justice Department on Tuesday filed an amended complaint against New Jersey based pharmacy benefit manager Medco Health Solutions, alleging that the company paid an insurer $87.4 million in kickbacks to secure a contract , the Wall Street Journal reports.

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Drug Plan Managers Accused of Skimming
The Hartford Courant
July 18, 2003

Prescription benefit-plan managers are supposed to use the buying power of millions of insured workers to win discounts on drug prices. But in suits filed across the country, lawyers charge that the companies are pocketing more than a fair share of the savings.

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