Twelve independent pharmacies in Arkansas have filed a lawsuit against Express Scripts, marking the first use of a new state enforcement mechanism. The lawsuit targets underpayments, a longstanding complaint among pharmacies that dispense drugs but have little leverage over the middlemen who set reimbursement rates.
Arkansas passed a law last year granting pharmacies the authority to sue pharmacy benefit managers for underpayments. Before this law, pharmacies typically had to pursue claims through arbitration or regulatory complaints, which many considered slow and ineffective. This filing is the first to put the new legal tool into practice.
According to Healthcare Dive, the suit is described as first-of-its-kind, reflecting both the novelty of the Arkansas statute and the broader national scrutiny of PBM practices. Since there is only one source, no differing accounts are available. The outcome could influence how other states approach PBM oversight.