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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 …

Supreme Court Victory for States and Independent Pharmacies

With the national conversation discussing a Supreme Court of the United States (SCOTUS) that is often highly politicized and characterized as divided, it should be comforting to the independent pharmacy community to know that SCOTUS issued a unanimous, 8-0 (Justice Barrett did not participate in this decision) decision in the case of Rutledge v. PCMA. …

Boesen & Snow Law Successfully Contests Generic Effective Rate Clawback in Excess of $300,000.

Boesen & Snow Law recently assisted an independent pharmacy facing a significant clawback in excess of $300,000 related to a Generic Effective Rate Reimbursement true-up by their PSAO on behalf of a major PBM.  Boesen & Snow was able to contest the clawback on behalf of the client and after reviewing the specifics of the …

Buying a pharmacy is major undertaking legally and otherwise

Buying an existing pharmacy is usually easier and less expensive than starting one from scratch, assuming you do the right planning, of course. But if you are already familiar with the pharmacy business, you know it will be simple. Early on, you will want to assemble a team to advise you on tentative research to …

Telehealth services and medical malpractice issues in Arizona

In April 2018, Arizona Governor Doug Ducey signed a bill into law that expanded insurance coverage to include telehealth services such as remote patient monitoring. Almost all large employers offer these services to their workers when they are available, but eliminating face-to-face meetings with doctors has raised concerns among doctors and medical malpractice insurers. Research …

The Arizona Pharmacist’s Right to Refuse to Participate in Care

In Arizona, state law says that a pharmacist doesn’t have to fill a prescription for medication that can help with an abortion or a similar procedure. Furthermore, an individual cannot have a professional license revoked if he or she acts in accordance with a religious belief. According to the Arizona State Board of Pharmacy, denying …

Key issues when buying or selling a pharmacy

Pharmacists in Arizona have unique concerns when they want to buy or sell a business. Because the pharmacy industry is so heavily regulated, there are concerns that apply to pharmacy sales that do not apply to other types of entrepreneurs and small business owners. While well-versed in the regulations and norms of their profession, many …

Kansas State Board of Pharmacy & IJCP On Compounding with CBD

The June 2019 Edition of the Kansas State Board of Pharmacy Newsletter reprinted an article written by compounding expert Loyd Allen, Jr., PhD, RPh in the International Journal of Pharmaceutical Compounding (IJCP, Vol. 23, No. 2). The original Kansas BOP and IJCP article describe the requirements pharmacists should follow if compounding with cannabidiol (CBD). In …

Court says man can sue for pharmacist’s joke

The Arizona Court of Appeals has decided that a national chain of pharmacies can face a lawsuit after one of its pharmacists joked with a man’s ex-wife about a prescription for erectile dysfunction drugs. The lawsuit was dismissed by the trial court and the man’s attorney appealed; the Court of Appeals brought parts of the …