Experienced Pharmacist | Seasoned
Business Leaders | Practicing Lawyers

Health Law Blog

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 …

Boesen & Snow Law

Board of Pharmacy Investigations: How Your PBM Audit May Put You in Hot Water with The State Boards of Pharmacy

PBM Audits commonly review prescription hard copies, signature/delivery logs, drug invoice purchases, proof of copayment collection, proof of prescriber/patient relationship, patient consent to fill, and non-resident state licensure. PBM Audits are just one of the many hurdles your pharmacy will inevitably face while you strive to serve patients. Poor audit findings lead to extensive financial …

Boesen & Snow Law

How to Respond to a PBM Audit Notice

Pharmacies are plagued by the burdens of addressing the terms of their pharmacy benefit manager (PBM) agreements, whether those terms are reasonable or not.  Pharmacies are dogged with PBMs wielding their power by initiating a PBM audit – sometimes to root out actual discrepancies, sometimes to injure your business in favor of the PBM’s own affiliated …

Boesen & Snow Law

Patient Copayments and the Use of Manufacturer Coupons

How Saving a Patient Money can Cost Your Pharmacy the Entire Paid Claim Amount or Worse, Your Pharmacy’s PBM Contract. Most who have worked in a pharmacy for some time can remember the Purple Pill Card, the Nexium Savings Coupon with the catchy name and bright purple colors. Not only did this program have catchy …

Boesen & Snow Law

Signature Log Audits: Are you Maintaining the Proper Documentation for In-Person and Mail-Delivered Prescriptions?

Many PBMs relaxed the requirements on signature logs for both in person and delivered medications due to the Covid-19 Pandemic. Some PBMs even allowed mailed prescriptions when otherwise prohibited. While the ease in restrictions made providing patients with their medications easier, the PBMs retained the right to audit signature logs regardless of the lifted restrictions. …