Barclay Damon
Barclay Damon

Pharmacists Defeat Rule That Sent Prescription Business Out of State

Pharmacists across New York faced the loss of considerable business when the state’s Commissioner of Health designated certain prescription medications as “specialty” drugs and Medicaid managed care plans and their pharmacy benefit managers got ready to force patients to use primarily out-of-state mail-order pharmacies to fill the most lucrative prescriptions.

Working with a number of pharmacies, a state-wide organization of pharmacists and several Medicaid patients, our attorneys challenged the action in court, obtaining a stay of the Commissioner’s “specialty” list. That gave patients and providers time to make issues clear to legislators who amended state law to block the Commissioner from creating a “specialty” list.

Patients are once again free to choose where they fill their prescriptions.


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