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Boesen & Snow Law

New York Enacts PBM Licensing and Oversight Laws

On January 2, 2022, New York Governor Kathy Hochul announced the signing of legislation S.3762/A.1396 that seeks to regulate pharmacy benefit managers (“PBM”). PBMs doing business in New York must immediately register with the Superintendent of Insurance, be licensed by the Department of Financial Services by 2022 and renew their licenses every three years. The …

Boesen & Snow Law

PBM Updates Aberrant Product List

Effective January 1, 2022, at least one of the major PBMs has updated language related to the billing of specific NDC numbers the PBM considers “Aberrant.” The revised list of NDCs was sent to network pharmacies and includes a list of “Practices and Trends” prohibiting dispensing activities. The revised language, while vague, creates multiple pitfalls …

Boesen & Snow Law

PBM Updates Aberrant Product List

Beginning on December 15, 2021, a major PSAO’s network of pharmacies will no longer be part of TRICARE’s pharmacy network, which is managed by Express Scripts, due to a contract dispute between TRICARE and the PSAO. TRICARE members currently receiving prescriptions from affected Pharmacies have already received notification from TRICARE of the upcoming change. If …

Boesen & Snow Law

Boesen & Snow Law Successfully Overturns $1,000,000 in PBM Audit Findings for Specialty Pharmacy Client

Boesen and Snow successfully assisted an independent specialty pharmacy appeal the findings of a major PBMs desktop audit. The preliminary audit consisted of over $1,000,000 in discrepancies, most of which the PBM considered unappealable. Boesen and Snow utilized a multifaceted argument to appeal the “unappealable” claims including a unique presentation of prescription documentation, prescriber statements, …

Boesen & Snow Law

PSAO TRICARE Dispute

Pharmacies to Terminate from TRICARE Networks Effective December 15, 2021.  Beginning on December 15, 2021, a major PSAO’s network of pharmacies will no longer be part of TRICARE’s pharmacy network, which is managed by Express Scripts, due to a contract dispute between TRICARE and the PSAO. TRICARE members currently receiving prescriptions from affected Pharmacies have …

Boesen & Snow Law

Compounders prevail: Federal judge rules against FDA in MOU lawsuit

FROM APC: Judge rules in favor of compounders, against FDA in lawsuit over MOU A federal district court judge has issued a summary judgment<https://a4pc.org/files/2021-09-21_MOU-Order.pdf> in favor of a group of compounding pharmacies, ruling that FDA’s MOU on interstate shipments of compounded drugs violated the law, and the agency cannot enforce it. The MOU will be …

Boesen & Snow Law

Vaccination is the best way for most people to protect themselves against COVID-19 and seasonal flu

With the flu season around the corner and understanding that health risks may increase for people who contract seasonal influenza at the same time as COVID-19, vaccination is the best way for most people to protect themselves against COVID-19 and seasonal flu. To ensure people can get vaccinated easily, HHS Secretary Becerra took action to …

Boesen & Snow Law

PBM’s Continue Fight Against State Regulation

Pharmacy Benefit Managers (PBMs) are continuing to fight against state regulation. On Tuesday, the Pharmaceutical Care Management Association (PCMA) filed a new brief with the Eighth Circuit Court of Appeals in opposition to North Dakota Century Code sections 16.1 and 16.2. In 2017, the North Dakota passed legislation to regulate PBM practices including limiting the …

Boesen & Snow Law

Prop 207 : Marijuana Expungements in Arizona

Prop 207: Can My Marijuana Conviction be Expunged in Arizona? In November of 2020, the citizens of Arizona voted to approve Proposition 207 which legalized private, recreational cannabis use. Proposition 207 also included provisions in which people with certain marijuana criminal charges could petition the court to get the convictions expunged from their records. Having …

Boesen & Snow Law

Looking to Buy a Pharmacy? Be Sure to Do Your Due Diligence

Purchasing your own pharmacy can be wonderful opportunity to flex your entrepreneurial muscles, while providing the best for your patients.  Indeed, the notion of being your own boss, being able to practice pharmacy in the way that you think is best, and increasing your earning potential are all good, sound reasons to consider buying your …