Osterhaus Pharmacy Inc has filed a class action lawsuit against CVS Health, Caremark, and Aetna, alleging violations of federal antitrust laws and state contract laws related to Medicare Part D prescriptions.
The lawsuit is prompted by wrongful penalties for Medicare Part D prescriptions, known as pharmacy direct and indirect remuneration (DIR) fees. Osterhaus Pharmacy is making five claims, including tying claim under federal antitrust law and declaratory judgment on unconscionable DIR fees. Similar cases in 2021 and 2022 led to substantial awards against Caremark.
The lawsuit aims to represent independent pharmacies not associated with major pharmacy benefit managers (PBMs). The National Community Pharmacists Association (NCPA) supports the lawsuit and plans legal actions against PBMs and DIR fees at their upcoming annual convention in October 2023.
Full article from Pharmacy Times here.
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