Reports of NY Insurers Overcharging Consumers for Drugs Prompt DFS Guidance
The state Department of Financial Services said in the guidance that so-called gag clauses, which prevent pharmacists from providing pricing information to insured consumers, have compounded the problem.
May 01, 2019 at 12:28 PM
3 minute read
Some consumers in New York may be paying a higher co-payment for a prescription drug than the actual price of that medication, which prompted a state agency in New York to issue guidance this week aiming to prevent the practice.
The state Department of Financial Services said that so-called gag clauses, which prevent pharmacists from providing pricing information to insured consumers, have compounded the problem.
Those clauses, according to acting DFS Superintendent Linda Lacewell, violate New York's insurance laws.
“DFS expects insurers to take immediate steps to make sure that consumers are being treated fairly and that they are not being ripped off when they buy prescription medication,” Lacewell said. “Consumers should not be penalized when buying medications with a retail price that is lower than the amount of the co-pay and should only be paying the lower retail price.”
The guidance was issued after the agency was contacted by pharmacists who said co-payments were being charged to consumers, in some cases, that were higher than the retail price of the drug. Some pharmacists have said they weren't able to tell consumers about the discrepancy because of gag clauses in contracts between pharmacy benefit managers and insurers.
Insurers are prohibited under New York's insurance and public health laws from requiring consumers to pay a co-payment that exceeds the price of a drug, according to DFS. The agency has also received reports that pharmacy benefit managers have threatened to take retaliatory actions against pharmacists who tell consumers that their co-pay is higher than the price of the drug.
“Insurers are responsible for complying with New York State laws regardless of whether they contract with third parties, such as pharmacy benefit managers, to administer policy benefits,” Lacewell said. “Consumers have every right to ask about and receive information about prescription drug pricing and to be charged fairly.”
DFS wrote in a letter to insurers this week that if they continued to receive reports of unlawful conduct by insurers, pharmacy benefit managers or any other agents, the agency will take action.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMayor's Advisory Committee To Hold Hearing on Fitness of Judicial Candidates
2 minute readMayor's Advisory Committee To Hold Hearing on Fitness of Judicial Candidates
1 minute readMayor's Advisory Committee To Hold Hearing on Fitness of Judicial Candidates
2 minute readTrending Stories
- 1AG Had No Authority to Take Control of Paterson PD, Appellate Division Says
- 2Deviation From Shared Custody Guidelines Requires More Than Common Sense
- 3Florida Pursues New Charge Against Trump Assassination Suspect
- 4Telefónica Maintains State Court Win in $623M Failed Merger Dispute
- 5‘Badge of Honor’: SEC Targets CyberKongz in Token Registration Dispute
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250